Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 4.00 - Benefit Series › Section 4.04 - Disqualification for Benefits

Current through Register 1525, July 5, 2024
(1) A claimant who
			 does not report as directed to continue his or her claim at the assigned time
			 may be disqualified for the week in which he failed to report.
(2) A claimant who has been authorized to
			 continue for benefits by mail shall be disqualified from receiving waiting
			 period or compensable week credit for the week claimed if he or she fails to
			 return the form provided by the Division of Unemployment Assistance (Division)
			 for this purpose within 21 days after the Saturday of the last week of the
			 bi-weekly reporting period or no later than the third Friday following the week
			 in which said form was reissued unless he or she can prove to the satisfaction
			 of the Commissioner or his or her authorized representative that he or she had
			 good cause for not returning such form within the prescribed time.
(3) A claimant who fails, without good cause,
			 to answer a call-in card, letter or other message requesting him to contact the
			 public employment office relative to a job opening, shall be deemed to have
			 failed to comply with reporting requirements and shall be disqualified for the
			 week in which he failed to answer the call-in.
(4) A claimant who has been suspended from
			 his work by his employing unit as discipline for breaking established rules and
			 regulations of his employing unit shall be disqualified from serving a waiting
			 period or receiving benefits for the duration of the period for which he has
			 been suspended, but in no case more than ten weeks, provided it is established
			 to the satisfaction of the Commissioner that such rules or regulations are
			 published or established by custom and are generally known to all employees of
			 the employing unit. that such suspension was for a fixed period of time as
			 provided in such rules or regulations. and that a claimant has the right to
			 return to his employment with the employing unit if work is available at the
			 end of the period of suspension.
(5)
Harassment.
(a)
Definitions
. The
			 following words and phrases shall have the following meanings:
1. Racial harassment-conduct with racial
			 content which has the purpose or effect of unreasonably interfering with an
			 individual's work performance or creating an intimidating, hostile, or
			 offensive working environment.
2.
			 Sexual harassment-sexual advances, requests for sexual favors, and other
			 physical conduct of a sexual nature when
a.
			 submission to or rejection of such advances, requests or conduct is made either
			 explicitly or implicitly a term or condition of employment or as a basis for
			 employment decisions;
b. such
			 advances, requests or conduct have the purpose or effect of unreasonably
			 interfering with an individual's work performance; or
c. such advances, requests or conduct have
			 the purpose or effect of creating an intimidating, hostile, humiliating or
			 sexually offensive work environment.
3. Other unreasonable harassment-includes,
			 but is not limited to, incidents of harassment related to age, religious creed,
			 national origin, or handicap of any individual.