Chapter 22 - EXTENDED BENEFITS

1. For purposes of section 1195 of the Employment Security Law, the following terms shall have the following meanings:

A. Under paragraph A of subsection 3-C, "gross average weekly remuneration" means the number of hours worked multiplied by the hourly wage, if the offered work is for a fixed number of hours at a fixed rate of pay. If the gross wages for the offered work vary, the "gross average weekly remuneration" shall be determined by the actual pay of workers who are doing the same or similar work over a period of time which would be of sufficient length to provide a fair indication of the wages which the individual could expect to earn.

B. Under subparagraph 2 of paragraph A of subsection 3-C, "supplemental unemployment benefits" means payments made as part of a written plan established and maintained by an employer and/or his employees solely for the purpose of providing payments to former employees who have been separated from work due to a reduction in force, the discontinuation of plant or operation or other similar situation. Such payments are in addition to unemployment benefits which are paid under state or federal unemployment compensation laws.

C. Under subparagraph (1) of paragraph C of subsection 3-C:

1. "Offered to the individual in writing" means that the prospective employer has furnished the individual with a written notice which will provide the individual with sufficient information so that the individual will be able to determine the conditions of employment.

2. "Listed with the employment service" means that the Job Service Division of the bureau has an active job order for the position in its files.

D. Under subparagraph (3) of paragraph C of subsection 3-C:

1. "Reasonably short period" means within four (4) weeks of the week for which a claim is filed.

2. "Satisfactory evidence" means written information which is submitted by the claimant, or an oral statement which is recorded on a Form Me. B-2.5, Claimant's Questionnaire, Form BD-4, Statement Supporting Deputy's Findings of Fact or on any other appropriate agency form. The deputy may verify the information which is provided by the claimant directly with the employer that has offered work to the claimant.

E. Under paragraph A of subsection 3-E:

1. A "systematic" effort means an effort to obtain work which is thorough, planned and takes into consideration the local labor market conditions and hiring practices. This effort must be one which could reasonably be expected to lead to offers of work.

2. A "sustained" effort to obtain work means an effort which is maintained steadily and at length without weakening. The effort to seek work must be conducted throughout the week. An individual who holds himself available for work but is not actively contacting employers in order to seek work shall not be considered to be making a "sustained" effort.

F. Under paragraph B of subsection 3-E, "tangible evidence" means a written list of employers that have been contacted in the claimant's effort to seek work. This list shall be written on the claimant's weekly claim form which is used to file a claim for benefits.

G. For purposes of subsection (E)(2) of this Chapter, "throughout the week" means contacting at least four (4) different employers on at least two (2) days of the week.

Notes

EFFECTIVE DATE:
October 2, 1989
AMENDED:
May 30, 2000

STATUTORY AUTHORITY: 26 M.R.S.A., Section1082 , Subsection 2 .