reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.4 - NEW › Rule 24.40.405 - REASONABLE WAGES

Current through Register Vol. 13, July 5, 2024
(1) A business
				filing income taxes as a corporation shall accurately report compensation for
				services performed by a corporate officer, LLC member or manager, or
				shareholder employee as wages for the purpose of unemployment insurance
				taxation.
(2) The department will
				consider time devoted to the business, position and responsibility, similar
				employments, and any other reasonably related factors to determine whether a
				corporate officer, LLC member or manager, or shareholder employee receives
				reasonable wages. To the extent feasible and practicable, the department will
				rely on applicable considerations for Internal Revenue Service determinations
				of reasonable compensation.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-201,
					 39-51-203,
					 39-51-602,
					 39-51-603,
					 39-51-1103,
					 39-51-1108,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.4 - NEW › Rule 24.40.409 - RENTAL OF EQUIPMENT OR CAPITAL ASSETS-NOT WAGES

Current through Register Vol. 13, July 5, 2024
(1)
				Payments made by the employer to the employee for rental of equipment or
				capital assets owned by the employee are not wages if:
(a) the equipment is necessary for the
				employee to perform the job;
(b)
				the employment contract or the entity's records provide for such
				payments;
(c) the amount of each
				employee's reimbursement is entered separately in the employer's records;
				and
(d) the reimbursement does not
				replace the customary wage for the occupation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.4 - NEW › Rule 24.40.411 - PAYMENTS THAT ARE NOT WAGES - EMPLOYEE EXPENSES, JUROR FEES, DIRECTOR'S FEES, AND MILITARY DIFFERENTIAL PAY

Current through Register Vol. 13, July 5, 2024
(1) Employer
				payments to reimburse an employee for business expenses incurred during the
				course and scope of employment are not wages if the reimbursement amount:
(a) is entered separately in the employer's
				records;
(b) is not deducted from
				or based on a percentage of the employee's wage; and
(c) does not replace the customary wage for
				the occupation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.5 - NEW › Rule 24.40.501 - EMPLOYEE STATUS - DETERMINATION OF INDEPENDENT CONTRACTORS - DEPARTMENT PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The department
				applies the requirements set out in ARM Title 24, chapter 35, to make initial
				determinations regarding employment status.
(2) After investigation, the department may
				issue an initial written determination on whether an individual is an
				independent contractor. Any person or employing unit aggrieved by this initial
				determination may request investigation and a decision by the department's
				compliance and investigations bureau pursuant to ARM Title 24, chapter 35,
				subchapters 2 and 3, within ten days of notice of the initial determination.
(a) A party is considered to have been given
				notice on the date a written notice is served or three days after a written
				notice is mailed to the party.
(b)
				interview the individual, co-workers, or the employing
				unit;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.5 - NEW › Rule 24.40.503 - STATUS OF CERTAIN PERSONAL ASSISTANTS

Current through Register Vol. 13, July 5, 2024
(1) A person with a
				disability who receives services of a personal assistant or an immediately
				involved representative of the disabled person, such as a parent or guardian,
				is not the employer of the personal service assistant despite the exercise of
				control over the selection, management and supervision of the personal
				assistant if:
(a) the personal assistant is
				providing services to the disabled person pursuant to
				53-6-145, MCA, and rules adopted
				by the department of public health and human services implementing that
				statute; and
(b) the personal
				assistant is the employee of another person or entity that has the right to
				exercise an employer's control over the personal assistant, including the right
				to discipline and terminate employment.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.6 - NEW › Rule 24.40.601 - SIX-WEEK RULE

Current through Register Vol. 13, July 5, 2024
(1) The department
				investigates each separation from insured employment that occurred during the
				six weeks immediately before the effective date of an initial or an additional
				claim. The department shall adjudicate all separations that occurred during the
				six-week period except:
(a) when the claimant
				separated from insured employment with the same employer more than once, the
				department shall adjudicate only the last separation involving that employer;
				or
(b) when the claimant is being
				paid their regular wages during an administrative leave.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.6 - NEW › Rule 24.40.603 - LEAVING WORK

Current through Register Vol. 13, July 5, 2024
(1) Following a
				claimant's notice of intent to leave work, the department shall determine the
				reason for the separation in the following manner.
(a) If a claimant's notice of intent to leave
				work is valid, the department shall consider the claimant to have left
				employment voluntarily as of the date identified by the valid notice.
(b) If a claimant attempts to retract a valid
				notice of intent to leave work and the employer does not accept the retraction,
				the department shall consider the claimant to have voluntarily left
				employment.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.6 - NEW › Rule 24.40.605 - DISCHARGE BY EMPLOYER

Current through Register Vol. 13, July 5, 2024
(1) Following an
				employer's notice of intent to discharge a claimant, the department shall
				determine the reason for the separation in the following manner:
(a) when an employer's notice of discharge is
				valid, the department shall consider the claimant to have been discharged,
				regardless of whether the claimant left employment voluntarily prior to the
				intended date of termination; or
(b) when an employer attempts to retract a
				valid notice of termination and the claimant does not accept the retraction,
				the department shall consider the claimant to have been discharged.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.6 - NEW › Rule 24.40.609 - CONSTRUCTIVE QUIT - LEAVING WORK

Current through Register Vol. 13, July 5, 2024
(1) A claimant
				is considered to have constructively quit employment:
(a) when an employer discharges a claimant
				for an act or omission that made it impracticable for the employer to utilize
				the claimant's services and the claimant knew or should have known that the act
				or omission would jeopardize the claimant's job and likely result in discharge;
				or
(b) when the claimant fails to
				meet specified conditions of employment, which may include but are not limited
				to:
(i) failure to meet license or permit
				requirements for employment; or
(ii) failure to maintain
				insurability.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.6 - NEW › Rule 24.40.611 - LAYOFF OF TEMPORARY EMPLOYMENT - VOLUNTARY LAYOFF

Current through Register Vol. 13, July 5, 2024
(1) When a claimant and an employer agree to
				temporary employment, the department shall consider the claimant to have been
				laid off due to lack of work when:
(a) the
				claimant completes the assigned work;
(b) a previously agreed upon verbal or
				written contract ends;
(c) the
				employer no longer has the same hours, wages, terms of employment, and working
				conditions available to the claimant; or
(d) the claimant has been hired by a client
				company of the employer as a result of a verbal or written employment
				agreement.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.6 - NEW › Rule 24.40.615 - LEAVING WORK WITH OR WITHOUT GOOD CAUSE ATTRIBUTABLE TO THE EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) The department shall determine a claimant
				left work with good cause attributable to employment when:
(a) the claimant had compelling reasons
				arising from the work environment that caused the claimant to leave; and the
				claimant:
(i) attempted to correct the
				problem(s) in the work environment; and
(ii) informed the employer of the problem(s)
				and gave the employer reasonable opportunity to correct the
				problem(s);
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.6 - NEW › Rule 24.40.617 - DISCHARGE FOR MISCONDUCT

Current through Register Vol. 13, July 5, 2024
(1) The employer
				has the burden of proving that an employee was discharged for misconduct, as
				defined in
				39-51-201 and
				39-51-2303, MCA.
(2) A determination of misconduct must be
				supported by substantial evidence in the record. Substantial evidence is
				admissible, reliable evidence that a reasonable person would take as true in
				the normal course of events.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-201,
					 39-51-2303,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.6 - NEW › Rule 24.40.619 - OFF-DUTY CONDUCT AS MISCONDUCT

Current through Register Vol. 13, July 5, 2024
(1) "Off-duty"
				conduct may constitute misconduct if it meets the criteria in
				39-51-201, MCA, and the employer
				shows by a preponderance of the evidence that such conduct:
(a) significantly and adversely affects the
				claimant's ability and capacity to perform job duties; and
(b) significantly and adversely affects the
				employer's business to a substantial degree.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.6 - NEW › Rule 24.40.623 - EFFECTIVE DATE OF SEPARATION FROM EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) Except
				as provided in (2), an eligibility determination for a claimant leaving
				employment or a claimant's discharge is effective on the Sunday of the week of
				the last date of employment.
(2) If
				the separating action occurs after the last date of employment but before the
				next regularly scheduled shift, the separation is effective the latest of the
				following dates:
(a) the week of the
				separating act;
(b) the week the
				claim was filed or reactivated; or
(c) the week the payment request is
				filed.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.801 - CLAIMS FOR BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) A claimant must
				file an initial claim by using the online portal, or by calling the department
				to request filing assistance. The claimant shall provide all information
				requested by the department for proper claim administration. The information
				required from the claimant includes, but is not limited to:
(a) the claimant's name, physical address,
				mailing address, and demographic data;
(b) the claimant's social security
				number;
(c) whether the claimant is
				a United States citizen and, if not, the claimant's alien registration permit
				number;
(d) whether the claimant
				has an existing claim in the current benefit year under any state or federal
				unemployment insurance or unemployment compensation law;
(e) whether the claimant is totally
				unemployed;
(f) whether the
				claimant is able to work, available for work, and seeking work; and
(g) the names and addresses of all employers
				the claimant worked for in the most recent 18 months, the beginning and ending
				dates of the employment for each employer, and the reasons for the claimant's
				separation from employment with each employer.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.803 - EFFECTIVE DATE, BACKDATING, AND CANCELLATION OF CLAIM

Current through Register Vol. 13, July 5, 2024
(1) A claim is effective on the Sunday of the
				week in which the claim is filed and remains in effect until:
(a) the end of the benefit year; or
(b) the claim is
				cancelled.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.805 - CLAIMANT AGENT DESIGNATION

Current through Register Vol. 13, July 5, 2024
(1) A claimant may
				designate another person to serve as the claimant's agent and handle the claim
				on the claimant's behalf. To designate an agent, a claimant must complete an
				agent designation form either through the online portal or by contacting the
				department by mail or phone to request a form. The agent designation form
				specifies the limits of the agent's authority and the time period covered by
				the designation.
(2) Unless the
				claimant indicates otherwise on the agent designation form, the agent may do
				the following on behalf of the claimant:
(a)
				file a new claim, reactivate an inactive claim, or file a continued
				claim;
(b) provide information to
				the department and respond to department requests for information; and
(c) request a redetermination or
				appeal of a determination of benefit eligibility.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.809 - INITIAL MONETARY DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) After filing an
				initial claim, a claimant will receive an initial monetary determination
				stating whether the claimant has sufficient wages to qualify for benefits.
(2) The initial monetary
				determination informs the claimant of the department's records from base period
				employers used to calculate the claimant's benefit amount, and the effective
				date of the claim.
(3) If a
				claimant's wage records have not been received, and the claimant was employed
				by an insured employer, the claimant may support their claimed wages by
				providing an affidavit and documentation establishing the amount of base period
				wages as follows:
(a) unpaid wages may be
				considered if the claimant completes a signed, dated, and notarized affidavit
				stating the following:
(i) the name and
				address of any employer from whom wages are due;
(ii) the amount of unpaid wages;
				and
(iii) the reasons why the wages
				have not been paid; and
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.811 - BASE PERIOD WAGE CALCULATION

Current through Register Vol. 13, July 5, 2024
(1) A claimant's
				base period wages are the wages earned from a base period employer prior to the
				claimant's period of unemployment. A claimant's base period wages are used to
				calculate the claimant's benefit amount.
(a)
				For the purposes of this rule, base period wages are deemed to be "used" when
				the base period wages are:
(i) part of the
				calculation that establishes the monetary amount of benefits payable on the
				claim;
(ii) the basis for
				establishing the claim's benefit year; and
(iii) a sufficient amount to qualify the
				claimant for benefits, if the claimant is otherwise eligible to receive
				benefits with respect to that claim.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.813 - WEEKLY PAYMENT REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) In order to
				receive benefit payments, a claimant must file weekly payment requests using
				the online portal. If the claimant is unable to file online, the claimant may
				contact the department to request and file weekly payment requests by mail.
(2) Weekly payment requests are
				timely if the request is filed after the week claimed, and before midnight of
				the Saturday seven calendar days later.
(3) A claimant must file timely weekly
				payment requests during the claim adjudication and appeal process to receive
				benefits or waiting period credit for the intervening week or weeks.
(4) A claimant must completely answer each
				question on the weekly payment request form and certify that the claimant's
				responses are true and accurate to the best of the claimant's knowledge.
(5) A claimant must report all
				hours worked for wages from all work for each week the claimant requests
				benefit payments. Hours shall be reported for the week the work was performed.
				A claimant must also report any hours claimed for pay in lieu of work such as
				holiday pay, or use of vacation, sick, or other paid leave, regardless of
				whether the use of leave was voluntary or mandatory.
(6) A claimant must report all gross wages
				earned from all work for each week the claimant requests benefit payments.
				Gross wages include payment or hours worked or pay in lieu of work such as
				holiday pay, or use of vacation, sick, or other paid leave, regardless of
				whether that use was voluntary or mandatory.
(a) Termination pay must be reported as wages
				for the week in which the termination occurred.
(b) The following payments from an employer
				must be reported as wages for the week in which the payment was issued:
(i) A bonus, award, incentive, reward, or
				profit sharing, whether in cash or in the form of securities;
(ii) Accrued unused vacation, sick leave, or
				other leave without a termination from employment, commonly referred to as a
				"cash-out" of accrued leave;
(iii)
				A royalty or residual payment, or payment for a commission;
(c) Payment is issued on the date
				printed on a physical check, the date of release of electronic funds transfer,
				or the date cash was tendered. The department may allow up to 14 calendar days
				for reporting discrepancies.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.821 - WORK REGISTRATION AND EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) Registration
				exceptions may be granted to individuals or groups if the department finds the
				exception to be consistent with the purpose of the unemployment insurance
				program. Registration exceptions cannot be granted if prohibited by state or
				federal laws governing certain unemployment insurance programs.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-2104,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.823 - WORK SEARCH CONTACTS

Current through Register Vol. 13, July 5, 2024
(1) A valid work
				search contact requires a claimant to directly contact an employer, or an
				authorized agent of an employer, and complete a job application or submit a
				resume that enables the employer to contact the claimant to arrange an
				interview or to commence employment. The claimant must possess the prior work
				experience, knowledge, skills, and abilities to qualify for the specific job
				opening.
(2) A valid work search
				contact includes a claimant's registration for work at a temporary employment
				agency.
(3) A valid work search
				does not include seeking self-employment, working as an independent contractor,
				reporting part-time work, or registering with the department's workforce
				services program.
(4) A claimant
				shall report at least one valid work search contact with a different employer,
				or for a different position with the same employer, for each consecutive week
				that the claimant requests benefit payments.
(5) The claimant shall retain all work search
				contact information necessary for verification by the department. The
				department may request all information relevant to the work search contact.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-2104,
					 39-51-2115,
					 39-51-2304,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.831 - DETERMINATIONS OF BENEFIT ELIGIBILITY AND QUALIFICATION

Current through Register Vol. 13, July 5, 2024
(1) In addition to the determination issued
				under [24.40.809], the department shall adjudicate each issue affecting a
				claimant's eligibility and qualification for benefits. Issues subject to
				adjudication include initial eligibility issues and any issues that arise
				during the period of benefit payments. The department shall issue a written
				decision for each individual issue affecting the claimant's benefits.
(2) When the department identifies
				an issue that requires adjudication, including when the information provided by
				the claimant and employer differs substantially regarding claimant's
				eligibility for benefits, the department shall investigate and adjudicate the
				claim as follows:
(a) The department shall
				promptly request information from the claimant, the employer, and any other
				sources of relevant information within eight days pursuant to [24.40.105].
(b) The department shall allow the
				claimant to review and respond to the information obtained by the department
				and to submit any rebuttal evidence.
(c) If the claimant fails to provide the
				requested information within the time period designated by the department, the
				department may make an adverse ruling against the claimant, including a
				determination that the claimant is unavailable for work as provided in
				39-51-2104, MCA.
(d) If the employer fails to provide
				information within the time period, the employer may be subject to
				[24.40.111].
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.833 - REDETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) An interested
				party may request a redetermination by submitting a request to the department,
				by the online portal or mail, together with any additional information the
				party wishes the department to consider within ten days of the service of the
				determination.
(2) The department
				shall provide any additional relevant information to all interested parties and
				allow the interested parties to review, respond, and submit rebuttal evidence,
				if any, within eight days of the department's request for rebuttal.
(3) The department shall provide notice of
				the redetermination to all interested parties.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-605,
					 39-51-2402,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.835 - DEPARTMENT REDETERMINATION OF BENEFIT REQUALIFICATION OR RESTORED ELIGIBILITY - TIME LIMIT

Current through Register Vol. 13, July 5, 2024
(1) The department
				may, in its sole discretion, make a redetermination of a claimant's
				disqualification for benefits under
				39-51-2302,
				39-51-2303, or
				39-51-2304, MCA, or ineligibility
				under 39-51-2104, MCA, for up to two
				years after the date of the original determination.
(2) The department shall consider all new or
				discovered information to make the redetermination.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-605,
					 39-51-2402,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.8 - NEW › Rule 24.40.841 - INACTIVE CLAIMS-REACTIVATING A CLAIM

Current through Register Vol. 13, July 5, 2024
(1) A claim for
				benefits becomes inactive if a claimant does not request benefit payments for
				four consecutive weeks. If a claim remains inactive after the end of the
				claim's benefit year, the claimant must file a new claim for benefits.
(2) A claimant may reactivate a
				claim during the claim's benefit year by:
(a)
				calling the department and requesting that the claim be reactivated;
				or
(b) accessing the department's
				online portal and following the instructions to reactivate the claim.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.901 - CLAIMANT'S FAILURE TO UPDATE MAILING ADDRESS

Current through Register Vol. 13, July 5, 2024
(1) The
				department may determine a claimant to be ineligible for benefits when a
				claimant fails to provide the department with an updated mailing address within
				three days of a change to the claimant's mailing address.
(2) The department shall reinstate the
				claimant's benefit eligibility upon a receipt of an updated mailing address if
				the claimant is otherwise eligible for benefits.
(3) The benefit eligibility may be backdated
				if the claimant shows good cause for the delay in updating the mailing
				address.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-2104,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.903 - APPROVAL OF TRAINING BY THE DEPARTMENT - ADDITIONAL TRAINING BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) The department shall consider the
				curriculum, facilities, staff and other essentials necessary to insure that a
				training program has the capacity to achieve the training program's objectives,
				including appropriate standards and practices regarding satisfactory attendance
				and performance of trainees. State-approved training programs may include, but
				are not limited to, the following:
(a) job
				search workshops;
(b) vocational or
				technical training, including basic education required as a prerequisite to
				such training;
(c) vocationally
				directed academic courses;
(d) job
				training programs authorized under the Workforce Innovation and Opportunity
				Act;
(e) training programs designed
				to upgrade claimant's skills to meet technological or other advances in the
				claimant's occupational field; or
(f) training programs designed to improve
				claimant's employability by enhancing claimant's aptitudes or skills for a
				demand occupation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.907 - FOREIGN TRAVEL

Current through Register Vol. 13, July 5, 2024
(1) The department
				may deny benefits if the claimant is residing in or is traveling to or in a
				foreign country.
(2) The department
				may allow benefits to be paid to a claimant who resides in or travels to a
				country that has executed a reciprocal agreement with the United States
				government regarding unemployment insurance.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-504,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.909 - SELF-EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				may determine a claimant who is engaged in self-employment to be eligible for
				benefits when the claimant is able, available for, and actively seeking
				suitable insured employment and is willing to accept an offer of or a referral
				to suitable insured employment, even if acceptance of the offer of work would
				require the claimant to forgo all or a part of the self-employment
				venture.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-2101,
					 39-51-2115,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.911 - LIE DETECTOR TESTS-DRUG AND ALCOHOL TESTING

Current through Register Vol. 13, July 5, 2024
(1) A claimant will not be disqualified for
				benefits under this chapter solely for the reason that the claimant is denied
				employment or continuation of employment for refusing to submit to a polygraph
				test or any form of a mechanical lie detector test, or on the basis of the
				results of any such test.
(2) An
				individual disqualified for benefits based on
				39-51-2303(3),
				MCA remains disqualified until the individual has performed services:
(a) for which remuneration is received equal
				to or in excess of eight times the individual's weekly benefit amount
				subsequent to the week in which the act causing the disqualification occurred;
				and
(b) that constitute employment
				as defined in
				39-51-203 and
				39-51-204,
				MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.915 - SERVICES IN EDUCATIONAL INSTITUTIONS

Current through Register Vol. 13, July 5, 2024
(1) Individuals who
				perform services for an academic institution in an instructional, research, or
				principal administrative capacity include the following:
(a) Individuals in an instructional capacity
				include teachers in formal classrooms and seminars, tutors, and those who
				direct or assist students in research and learning.
(b) Individuals in a research capacity
				include those who direct a research project and those staff directly engaged in
				gathering, correlating, and evaluating information and making
				findings.
(c) Individuals in a
				principal administrative capacity include school principals, school
				superintendents, officers of the institution, the board of directors, business
				managers, deans, associate deans, university public relations directors,
				comptrollers, development officers, chief librarians, registrars, and any
				individuals who, although they may lack official titles, actually serve in a
				principal administrative capacity.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.917 - DISQUALIFICATION DUE TO STRIKE

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of
				39-51-2305, MCA, and of this rule,
				the following definitions and interpretations apply:
(a) "Grade or class of workers" means:
(i) workers who are members of a particular
				bargaining unit; or
(ii) workers
				whose jobs are similar or integrated or who have substantial mutual interests
				or similarities in wages, hours, and other conditions of
				work.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.919 - DOMESTIC VIOLENCE INELIGIBILITY - REQUALIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A claimant held ineligible for benefits
				under 39-51-2111, MCA, may requalify for
				benefits by immediately leaving the abusive situation.
(2) The department may accept information
				from the claimant or other agencies, such as law enforcement or domestic
				violence shelters, documenting that the claimant has left the abusive
				situation. Documentation may include any of the following:
(a) a statement by the claimant that they
				have ended the relationship and the furnishing of a new mailing address and the
				date of the move;
(b) documentation
				from a law enforcement agency that the abusive individual is
				incarcerated;
(c) documentation
				from a domestic violence shelter indicating the claimant has been granted
				residence at the shelter; or
(d)
				other evidence, subject to verification by the department, establishing that
				the claimant has left the abusive situation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.921 - PENSION BENEFIT REDUCTION

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall presume a claimant made no monetary contribution to claimant's pension
				plan. A claimant may overcome this presumption by providing written proof to
				the department demonstrating that the claimant made an actual monetary
				contribution to the pension plan. When a claimant made direct monetary
				contribution to the pension plan, the department shall not reduce a claimant's
				weekly unemployment benefit by the amount of the pension payment.
(2) Within eight days of claimant's receipt
				of correspondence from the pension plan administrator concerning claimant's
				pension entitlement or the amount of claimant's pension payments, claimant must
				provide the department with copies of the correspondence.
(3) Claimant's base period employer must
				promptly furnish information related to claimant's pension plan when requested
				by the claimant, claimant's representative, or the department.
(4) A claimant "constructively" receives a
				pension payment when:
(a) the claimant or
				another on behalf of the claimant files an application for pension payments;
				or
(b) the claimant receives notice
				from the pension plan administrator of claimant's entitlement to and the amount
				of pension payments.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.925 - WORK NO LONGER SUITABLE

Current through Register Vol. 13, July 5, 2024
(1) Suitable work
				for an individual may become unsuitable due to circumstances beyond the
				individual's or employer's control. When adjudicating a work refusal or
				separation from work, the department shall consider previously suitable work as
				not suitable when:
(a) an individual has made
				a good faith effort to comply with licensing requirements or governing
				regulations but has failed to pass the required course(s) or licensing exam;
				or
(b) an individual has submitted
				to the department an individualized determination of work unsuitability due to
				the individual's physical or mental disability, certified and signed by a
				health care provider.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.9 - NEW › Rule 24.40.927 - SUITABLE WORK FOR EXTENDED BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) If the
				department determines that a claimant who has exhausted regular benefits has a
				reasonable chance of securing employment during the four weeks after regular
				benefits are exhausted, "suitable work" is defined by the requirements in
				39-51-2304, MCA.
(2) If the department determines that a
				claimant who has exhausted regular benefits does not have a reasonable chance
				of securing employment in the four weeks after regular benefits are exhausted,
				"suitable work" for purposes of extended benefits is defined as the
				requirements in
				39-51-2304, MCA, and the following
				criteria:
(a) the gross average weekly wages
				for the work exceeds the claimant's extended weekly benefit amount, plus the
				amount of any supplemental unemployment benefits (as defined in
				26 U.S.C.
				501(c)(17)(D), as
				amended);
(b) the position does not
				pay less than the higher of:
(i) the federal
				minimum wage (29 U.S.C.
				206, as amended); or
(ii) any applicable state or local minimum
				wage; and,
(c) the
				position was offered to the claimant in writing or was listed with an
				employment office.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.11 - NEW › Rule 24.40.1101 - FRAUD DETERMINATION - FALSE STATEMENT OR FAILURE TO DISCLOSE

Current through Register Vol. 13, July 5, 2024
(1) If the department identifies information
				indicating possible fraud, meaning the department has reason to believe a
				claimant may have made a false statement or representation or failed to
				disclose a material fact in order to obtain or increase benefits, the
				department shall investigate and adjudicate the issue pursuant to the
				procedures in ARM 24.40.831. The department shall apply the specific analysis
				below in (2) or (3) and (4) and (5) to any determination of fraud.
(2) The department may, in its sole
				discretion, make a redetermination of fraud for up to three years after the
				date of the claimant's original determination.
(3) A claimant will be determined to have
				made a false statement or representation knowing it to be false to obtain or
				increase benefits upon a finding that:
(a)
				the claimant, or the claimant's agent, personally made the statement or
				representation in question;
(b) the
				claimant, or the claimant's agent, knew that the statement or representation
				was false; and
(c) the statement or
				representation was made in connection with the claimant's claim for benefits
				and was material to a determination of the claimant's benefit
				entitlement.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.11 - NEW › Rule 24.40.1103 - CALCULATION OF ADMINISTRATIVE PENALTY

Current through Register Vol. 13, July 5, 2024
(1) The number of
				weeks of disqualification imposed pursuant to a determination of fraud under
				ARM 24.40.1101, is determined as follows:
(a)
				for each week the department determined a claimant made a false statement or
				representation or failed to disclose a material fact not involving a separation
				from employment, two weeks of disqualification are imposed;
(b) for each week the department determined a
				claimant made a false statement or representation or failed to disclose a
				material fact, involving a separation from employment, six weeks of
				disqualification are imposed;
(c)
				an additional eight weeks of disqualification are imposed for each
				determination or decision, dated within three years of the date of the
				department's determination under (a) or (b), that imposed a disqualification
				for any number of weeks; and
(d)
				any weeks of disqualification imposed as provided in (a) and/or (b) must be
				imposed for each determination and served consecutively, not
				concurrently.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.11 - NEW › Rule 24.40.1107 - NOTICE OF BENEFIT OVERPAYMENT

Current through Register Vol. 13, July 5, 2024
(1) If any decision
				results in a benefit overpayment, the department shall provide the claimant
				with separate notice of the amount of benefit overpayment.
(2) When the department determines a benefit
				overpayment occurred pursuant to a determination of fraud under ARM 24.40.1101,
				the department shall add a penalty to the benefit overpayment.
(3) The separate benefit overpayment notice
				may be appealed only to challenge the accuracy of the amount of the benefit
				overpayment.
(4) Any benefit
				overpayment must be repaid to the department, regardless of the cause of the
				benefit overpayment, unless the department waives recovery of the benefit
				overpayment under ARM 24.40.1109 or ARM 24.40.1111.
(5) A benefit overpayment created when an
				interested party exercises their right to appeal a department determination or
				decision pursuant to these rules and Title 39, chapter 51, MCA, is a normal
				part of claim administration and is not eligible for a waiver.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-3206,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.11 - NEW › Rule 24.40.1109 - WAIVER OF OVERPAYMENT RECOVERY

Current through Register Vol. 13, July 5, 2024
(1) Once a decision
				that resulted in a benefit overpayment becomes final, a claimant may request
				that the department waive recovery of the benefit overpayment by writing or
				calling the department to request assistance.
(2) The department must deny waiver of
				benefit overpayment recovery that resulted from fraud pursuant to ARM
				24.40.1101, or if a claimant is at fault by concealing or misrepresenting
				material facts. A claimant concealed or misrepresented material facts for
				purposes of this rule, even if unintentionally, in circumstances including, but
				not limited to, the following:
(a) before
				benefits were paid, the claimant failed to report or misrepresented a fact or
				circumstance regarding benefit eligibility or qualification;
(b) the claimant failed to read or respond to
				the department's requests for information, questions, or other communications
				that were necessary to determine the claimant's eligibility and qualification
				for benefits;
(c) the claimant
				failed to report or incorrectly reported a separation from employment while
				requesting benefits; or
(d) the
				claimant failed to report or incorrectly reported all hours and earnings from
				any insured employer during any week the claimant worked and requested
				benefits.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.11 - NEW › Rule 24.40.1111 - FINANCIAL HARDSHIP WAIVER OF OVERPAYMENT RECOVERY

Current through Register Vol. 13, July 5, 2024
(1) In addition to the requirements for
				waiver in ARM 24.40.1109, a claimant may request the department waive recovery
				of the benefit overpayment based on the claimant's long-term financial
				hardship. The claimant may make the request using the online portal, or by
				calling the department to request a paper form.
(2) The claimant shall provide documentation
				of monthly household income, assets, and expenses as requested by the
				department. The department may request additional documentation or verification
				of any amounts or documents provided. The department may also disallow or
				adjust any claimed expenses that the department deems unreasonable.
(3) The department shall determine recovery
				of the benefit overpayment will cause a claimant long-term financial hardship
				when:
(a) the sum of the claimant's average
				monthly household cash flow and the net value of the claimant's household
				assets equals an amount less than the identified amount of the benefit
				overpayment; and
(b) no evidence
				demonstrates that the sum of claimant's average household monthly cash flow and
				net value of the claimant's household assets are likely to exceed the amount of
				the benefit overpayment within 12 months of the date of the claimant's request
				for waiver.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.12 - NEW › Rule 24.40.1201 - ADOPTION OF NASWA INTERSTATE CLAIM PROCESSING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Interstate claims are governed by the
				National Association of State Workforce Agencies (NASWA)'s Interstate Benefit
				Payment Plan of 1938, to which the department is a signatory, and the
				Interstate Arrangement for the Combining of Employment and Wages of 1971, 20
				CFR - 616.
(2) NASWA maintains the
				Unemployment Insurance Interstate Connection Network (UI ICON) website so every
				state UI agency, including the department, can request and receive data for use
				in the filing and processing of combined wage claims, military, and federal
				claims. Each jurisdiction, including this state, is required to keep their
				jurisdiction's UI claim processing information current on the UI ICON website.
(3) Information for processing
				interstate claims is available on the NASWA website, or by contacting the
				department.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-504,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.12 - NEW › Rule 24.40.1203 - ADOPTION OF 2013 INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY ARRANGEMENT

Current through Register Vol. 13, July 5, 2024
(1) The department adopts by reference the
				National Association of State Workforce Agencies (NASWA) 2013 Interstate
				Reciprocal Overpayment Recovery Arrangement (IRORA), to which the department is
				a signatory, to govern the recovery of improper payments of state and federal
				unemployment insurance benefits. The department may recover improper benefit
				payments from individuals filing for benefits under the Interstate Benefit
				Payment Plan, the Interstate Arrangement for the Combining of Employment and
				Wages, or intrastate under any state's law.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-504,
					 39-51-3201,
					 39-51-3202,
					 39-51-3206,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.14 - NEW › Rule 24.40.1401 - ESTABLISHING AN EMPLOYER'S UNEMPLOYMENT INSURANCE ACCOUNT

Current through Register Vol. 13, July 5, 2024
(1) Every employer required to pay
				unemployment insurance tax must register for an employer account number on a
				form provided by the department. A new employer who has acquired the business
				of another employer must not use the predecessor's identification number.
(a) An employer is liable for reporting and
				paying unemployment insurance tax regardless of registration.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.14 - NEW › Rule 24.40.1403 - EMPLOYER ENTITY TYPES

Current through Register Vol. 13, July 5, 2024
(1) An employer
				must identify the type of legal entity under which it operates.
(2) An employer that attempts to form or
				operate as an entity other than a sole proprietorship will not be treated as
				such until the employer complies with Montana law regarding creation and/or
				maintenance of that entity type.
(3) An employer that changes its legal entity
				type must promptly report to the department the date of the change and identify
				its new entity type.
AUTH:
					 39-51-301,
					 39-51-302, MCA; IMP:
					 39-51-201,
					 39-51-603,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.14 - NEW › Rule 24.40.1405 - CLOSING AN EMPLOYER ACCOUNT

Current through Register Vol. 13, July 5, 2024
(1) An employer
				that ceases all employment and reports no wages to the department for eight
				consecutive calendar quarters is removed from the department's record of active
				employers.
(2) An employer that has
				notified the department it has ceased to employ is removed from the
				department's record of active employers.
(3) The quarterly report and payment for the
				final quarter wages as were paid must be filed with the department within 30
				days if the employer:
(a) quits doing
				business;
(b) sells or transfers
				the business, or the major portion of the business assets; or
(c) becomes insolvent.