N.H. Code Admin. R. Emp 504.01 - Approved Training

(a) The purpose of this section shall be to establish selection procedures under RSA 282-A:31, III.
(b) A request to receive unemployment compensation benefits while in approved vocational training shall be considered for approval by the commissioner or his authorized representative only if the claimant's request is communicated to the commissioner at any office of the New Hampshire department of employment security.
(c) Approval shall be granted only if the commissioner finds either:
(1) That the claimant is an eligible dislocated worker as defined at 29 U.S.C. 2801(9) who is participating in training, other than on-the-job training, under the Workforce Innovation and Opportunity Act of 2014, P. L. 113-128, as amended;
(2) That the Claimant is a participant in WorkNowNH; or
(3) That:
a. The program of instruction relates to an occupation or skill for which there are, or are expected to be, reasonable employment opportunities in the individual's labor market area or in New Hampshire;
b. Employment opportunities for which the individual is fitted by past training and experience do not exist or have substantially diminished in the individual's labor market due to business or economic conditions in the area, or because of conditions peculiar to the individual, such as age or handicap, to the extent that in the judgment of the commissioner that individual will experience an extended period of unemployment and dependence upon the unemployment compensation program;
c. The applicant for training meets the criteria as to the aptitude, abilities, and education level necessary to satisfactorily enter and complete the training program; and
d. The training is an organized program offering a course or a sequence of courses designed to prepare an individual for gainful employment requiring other than a baccalaureate or higher degree.
(d) An applicant so selected and enrolled in a vocational training program which substantially impairs the applicant's ability to meet the requirements of RSA 282-A:31, I(c) shall not be required to meet the requirements of RSA 282-A:31, I(c) for any week during which the applicant:
(1) Is otherwise entitled to unemployment compensation benefits;
(2) Is in good standing in the training program; and
(3) Has not failed for personal reasons to attend all scheduled training sessions.
(e) The exemption to the requirements of RSA 282-A:31, I(c) stated in (d) above shall apply to a participant during regularly scheduled vacation periods or periods between terms. Benefits paid for weeks in these periods shall be charged as stated in paragraph (f) below except that such exemption and such charging provisions shall not apply to periods longer than 2 consecutive weeks.
(f) Unemployment compensation paid a trainee by reason of employment with a reimbursing employer shall be billed in accordance with Emp 304.02. Unemployment compensation paid a trainee based on all other employment shall be charged in accordance with RSA 282-A:75.
(g) Determination on requests for training, made under this rule, shall be in writing and may be reconsidered or appealed pursuant to RSA 282-A:46 through RSA 282-A:68.
(h) An individual participating in approved training who is not exempted from the provisions of RSA 282-A:31(c) because the scheduled vacation or between terms period exceeded 2 consecutive weeks who accepts unsuitable work as defined in RSA 282-A:32, I(d), shall not be disqualified for leaving that work to resume the course of training.
(i) The employer whose work is left by the individual referred to in (h) above shall not become the most recent employer by reason of having provided work during the scheduled vacation or between terms period.

Notes

N.H. Code Admin. R. Emp 504.01

#2760, eff 6-15-84; #4164, eff 11-5-86, EXPIRED: 11-5-92

New. #5980, eff 2-1-95; ss by #7620, eff 12-30-01; ss by #9630, INTERIM, eff 12-30-09, EXPIRES: 6-28-10; ss by #9743, eff 6-26-10

Amended by Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12613, Effective 8/23/2018, Expires 8/23/2028. Amended by Volume XLII Number 14, Filed April 7, 2022, Proposed by #13348, Effective 3/3/2022, Expires 3/3/2032.

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