Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 12.00 - Seasonal Employment Under M.G.L. c. 151A sec. 1, 24 › Section 12.04 - Certification

Current through Register 1525, July 5, 2024
(1) An employer seeking seasonal status must
			 make a written application on forms prescribed by the Director at least 60 days
			 prior to the beginning of the season for which the employer seeks seasonal
			 status. Such employer shall supply any additional information as may be deemed
			 necessary by the Director to make such determination. Applications submitted on
			 a date which is less than 60 days from the beginning date of the season shall
			 be denied. Such application must attest to the fact that either the entire
			 business operation is seasonal because it will be in operation for less than 20
			 weeks in a calendar year, or that a functionally distinct occupation within the
			 business is seasonal because the assigned duties or activities as a whole are
			 identifiably distinct under the usual and customary practice of the industry
			 and such duties or activities will be performed during a period of less than 20
			 weeks in a calendar year due to the climate or the nature of the product or
			 services. Upon review of the matters set forth in the application for seasonal
			 status, the Director shall make a determination with respect to the seasonal
			 nature of the employer, the seasonal period or periods, and any functionally
			 distinct occupations deemed to be seasonal.
(2) If the last day of the 60 day period
			 described in 430 CMR 12.04(1), occurs on a Saturday, Sunday, or legal holiday,
			 then the last date for filing shall be the next succeeding business
			 day.
(3) Seasonal employers must
			 keep an account of wages paid to each seasonal worker within the seasonal
			 period so as to readily distinguish seasonal from non-seasonal wages. These
			 wages shall be reported on a special seasonal quarterly report form as
			 prescribed by the Director. The Director shall furnish employers with the
			 appropriate seasonal reporting forms upon request.
(4) A seasonal employer shall give written
			 notice to the Director if the certified seasonal employment equals or exceeds
			 20 weeks in a calendar year. Such notice shall be filed within five days after
			 completion of the 20th week of employment. The
			 Director shall redetermine the seasonal status of either the entire business or
			 the functionally distinct occupation within the business.
(5) Any successor to a business entity deemed
			 to be seasonal must re-apply for seasonal status if it seeks to maintain the
			 seasonal status of its business or functionally distinct occupation within such
			 business.
(6) Nothing in the laws
			 or regulations regarding seasonal determinations shall be construed as
			 relieving any employer from paying the contributions required by law on all
			 wages paid for employment nor from making reports required by law or
			 regulations connected with an individual's right to claim benefits provided by
			 M.G.L. c. 151A.
(7) The Director
			 shall make a determination or redetermination on timely applications within 60
			 days from receipt of the application. Whenever the Director has determined or
			 redetermined an employer with respect to seasonal status, the employer shall be
			 notified of such determination or redetermination, and such notice shall
			 contain the beginning and ending dates of any applicable seasonal period or
			 periods.