(A) Definitions:
(1) Seasonal industry is
(a) that group of employers classified as
cotton gins under the four-digit Industrial Classification Code based on the
Standard Industrial Classification Manual. If an employer with a different
classification has a cotton ginning operation, the Agency will assign such unit
a sub-classification for cotton gins.
(b) that group of employers who employ
vendors, concessionaires, and people working at jobs providing services at
professional baseball stadiums.
(2) Seasonal employment is employment in a
seasonal industry within the seasonal operating period, as determined by the
Agency.
(3) Seasonal wages are
wages paid in seasonal employment as above defined.
(4) Seasonal benefits are benefits based on
seasonal wages as above defined.
(5) Non-seasonal employment is employment for
which wages paid in such employment carry no seasonal restrictions. This
employment may consist of :
(a) Employment in
the seasonal industry for which wages are paid outside the seasonal operating
period (employment in the seasonal industry and in no other part of an
employers operations).
(b)
Employment in any other covered employment as defined in the Law.
(6) Non-seasonal wages are wages
paid in non-seasonal employment as defined above.
(7) Non-seasonal benefits are benefits based
on non-seasonal wages as defined above.
(B) The seasonal operating period, as
determined by the Department:
(1) for the
cotton ginning industry, shall be from September 1 through December 31 of each
year.
(2) for the professional
baseball industry, as defined in A(1)(b), above shall be from April 1 through
September 15 of each year.
(C) Employer quarterly reports- Each employer
in the cotton ginning industry shall keep separate accounts of wages paid to
employees so that the following separate quarterly reports may be made to the
Department if appropriate.
(1) Wages paid in
the cotton ginning industry inside the seasonal operating period.
(2) Wages paid in the cotton ginning industry
outside the seasonal operating period.
(3) Wages paid in any other covered
employment.
(D)
Professional Baseball Industry Report Each employer in the professional
baseball industry, as defined in A(1)(b) above, shall, within fourteen (14)
days from the mailing date of the Notice to Employer of Claim Filed and Request
for Information (Form UI-21A) submit to the Agency information as to the type
of service performed by the individual, and the period of employment, in order
for the Agency to properly administer the seasonal provision of the
Law.
(E)
(1) Payment of benefits to Seasonal Workers.
The weekly benefit amount and the maximum benefit amount of
any claimant who is a seasonal worker shall be calculated in the usual manner
as prescribed by the Law. Seasonal benefit rights shall be used in payment of
such workers benefits only when the benefits accrue during weeks of
unemployment within the seasonal operating period as defined above.
Any week which begins within the seasonal operating period
shall be deemed to be within the seasonal operating period.
(2) The calculation of a benefit
determination for individuals with seasonal cotton ginning wages shall include
the amount of seasonal benefits which may be payable only for weeks of
unemployment occurring within the seasonal operating period, and the amount of
benefits based on wages with no seasonal restrictions, if any. Benefits with no
seasonal restrictions shall be payable to cotton gin workers for a week of
unemployment during the season only if their seasonal benefits have previously
been exhausted. Seasonal benefits and benefits with no seasonal restrictions
may be payable for weeks of unemployment occurring during the seasonal
operating period. Benefits with no seasonal restrictions shall be payable to a
seasonal worker for weeks of unemployment occurring outside such period, but
shall be based only on wages earned in employment with no seasonal
restrictions.
(3) Benefits paid to
a seasonal worker and a non-seasonal worker shall be charged to an employers
experience rating in the usual manner as prescribed by Law.