Mich. Admin. Code R. 421.210 - Unemployment insurance benefit filing requirements; definitions
Rule 210.
(1) An
individual shall receive benefits for any week of unemployment for which the
individual filed a claim and reported in accordance with this rule and with the
direction of the agency and for which the individual is otherwise eligible and
qualified for benefits. In the case of an employer whose workers have filed
either 1,000 or more new claims or additional claims, or both, in each of the
previous 3 calendar years, the employer shall file claims on behalf of the
workers, in a manner prescribed by the agency.
(2) As used in this rule:
(a) "Additional claim" means a claim filed by
an individual to reestablish eligibility for benefits after an interruption in
the claim series during an existing benefit year caused by a period of
employment.
(b) "Claim series"
means an uninterrupted period of weeks for which an individual claims
benefits.
(c) "Continued claim"
means a report filed by an individual who has filed a new, additional, or
reopened claim and who is certifying as to eligibility for benefits for 1 or
more weeks of unemployment.
(d)
"Day of work" means a calendar day or portion of a calendar day on which an
individual performed services for an employing unit under a contract of hire,
including a calendar day or portion of a calendar day for which an individual
received, or is entitled to receive, call-in pay. If an individual reports for
work on a day on which the individual has been scheduled to work, but does not
work because work is not available, then that day is considered a "day of
work".
(e) "Good cause for late
filing of a new, additional, or reopened claim" and "good cause for late
reporting to file a continued claim" means that there is a justifiable reason,
determined in accordance with a standard of conduct expected of an individual
acting as a reasonable person in the light of all the circumstances, that
prevented a timely filing or reporting to file as required by this rule.
Examples of justifiable reasons that the agency may consider as constituting
good cause include any of the following:
(i)
Acts of God.
(ii) Working or
reliance on a promise of work that did not materialize.
(iii) Closing of agency offices, or the
failure of the agency's telephonic or electronic equipment, during scheduled
hours of operation.
(iv) Delay or
interruption in the delivery of mail or the delay or interruption of
information by telephonic or other means by a business or governmental agency
entrusted with the delivery of mail or of messages by telephonic or other
means.
(v) Personal physical
incapacity or the physical incapacity or death of a relative or ward of either
the individual or the individual's spouse or of any person living in the same
household as the individual claiming benefits.
(vi) Attendance at a funeral.
(vii) Incarceration.
(viii) Jury duty.
(f) "New claim" means a claim filed by an
individual to establish eligibility for a new benefit year.
(g) "Reopened claim" means a claim filed by
an individual to reestablish eligibility for benefits after an interruption in
the claim series during an existing benefit year for a reason other than
employment that is caused by a period of nonreporting.
(h) "Week of unemployment" means a week
during which an individual is unemployed within the meaning of section 48 of
1936 PA 1, MCL 421.48.
(3) An individual shall file a new,
additional, or reopened claim or shall report to file a continued claim as
directed by the agency.
(4) To be
filed on time and effective as of the beginning of the individual's first week
of unemployment, a new or additional claim shall be received by the agency, in
a manner prescribed by the agency, not later than the Friday after the end of
the week containing the individual's last day of work. A reopened claim is
effective as of the beginning of the week in which it is received by the
agency.
(5) To be filed on time and
effective for each week for which the individual is reporting to file, a
continued claim shall be received by the agency, in a manner prescribed by the
agency, not later than the Friday after the end of the last week of the period
for which the claimant is instructed to report and has continued to report in a
claim series. If an individual does not file a continued claim in a timely
manner in accordance with this subrule, and if the filing is untimely without
good cause, then the claim filed by the individual is a reopened
claim.
(6) If an individual does
not file a new, additional, or reopened claim as prescribed in subrules (4) and
(5) of this rule, but files the new, additional, or reopened claim not later
than the fourteenth calendar day after the time limits prescribed in subrules
(4) and (5) of this rule, then the new, additional, or reopened claim is
considered filed on time if the claimant has good cause for the lateness of the
filing. If the claimant does not have good cause for the lateness of the
filing, then the new, additional, or reopened claim is effective beginning with
the week in which it is filed.
(7)
If an individual does not report to file a continued claim within the time
limits prescribed in subrules (4) and (5) of this rule, but reports to file the
continued claim not later than the fourteenth calendar day after the time
limits prescribed in subrules (4) and (5) of this rule, then the individual is
considered to have reported on time to file the continued claim if the
individual has good cause for the lateness of the reporting to file the
continued claim. If the individual does not have good cause for the lateness of
the reporting to file the continued claim, then the reporting to file the
continued claim is a reopened claim.
(8) If an individual files a new, additional,
or reopened claim or reports to file a continued claim by mail, then the claim
or report is considered received by the agency as of the date the mail is
received by the agency.
(9) If an
individual files a new, additional, or reopened claim or reports to file a
continued claim by deposit in a designated agency drop box, then it is presumed
that the claim was received by the agency on the previous business day if
gathered in the first retrieval of the day if this presumption is required for
the new, additional, or reopened claim to be considered filed on time or the
continued claim to be considered a timely report.
(10) If the claimant is unable to file a
claim in a timely manner because the agency's services are unavailable, then
the claim is considered filed on time if it is received by the agency on the
next workday.
Notes
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