reglab/statecodes huggingface dataset:
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 8 - PAYMENTS FOR DEPENDENTS › Section 172-8-1 - Supplemental Weekly Benefit for Dependents

Current through 2024-29, July 17, 2024
A. Meaning
				of terms. For the purposes of subsection 6 of section 1191 of the Employment
				Security Law (26 M.R.S. § 1191(6)), the following terms shall have the
				following meanings.
1. In addition to any
				other statutory provisions, "child" means one of the following: a natural-born
				child; an adopted child; or a step-child who has not reached the age of 18, or
				who has not yet reached the age of 23 if a student, or who or over the age of
				18 years if physically and mentally incapacitated from earning and dependent
				upon the claimant.
2. "Step-child"
				means a child born to or adopted by the claimant's spouse prior to their
				present marriage.
3. "Unemancipated
				child" means a child who is under the control and supervision of a parent or
				parents. A child who is married is no longer "unemancipated".
4. "Supported" means that the claimant who is
				applying for the dependency allowance is furnishing housing, food, clothing,
				education, medical care, or other related expenses for the the dependent child
				on a regular basis.
5. "Dependent
				upon" means that the child receives more than
de minimis
,
				incidental or intermittent support, in terms of housing, food, clothing,
				education, or medical care from the claimant.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 9 - ABLE AND AVAILABLE REQUIREMENTS › Section 172-9-1 - ABILITY TO WORK

Current through 2024-29, July 17, 2024
A.
Able to
				Work
When a claimant has physical or mental limitations which
				  restrict the types of work that the claimantis able to perform, the extent of
				  the restrictions must be examined carefully. In such situations, the deputy
				  will consider, but will not be limited to, the following factors on a
				  case-by-case basis:
1. The claimant's
				usual or customary occupation;
2.
				The nature of the restrictions;
3.
				Whether or not the claimant is qualified, by education, or by training and
				experience, to perform work within the restrictions which is less physically
				strenuous or mentally demanding;
4.
				The extent to which work is available, in the local area, which is within the
				claimant's ability, and
5. The
				claimant's willingness to enter a new field that does not need extensive prior
				training and experience.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 9 - ABLE AND AVAILABLE REQUIREMENTS › Section 172-9-3 - SELF-EMPLOYMENT

Current through 2024-29, July 17, 2024
An individual whose primary objective is performing services
				  in self-employment will not be considered to be an unemployed individual for
				  purposes of subsection 17 of section 1043 of the Employment Security Law.
				  "Primary objective" means that the individual is engaging in or in the process
				  of establishing a self-employment venture and is not available for and/or
				  willing to work as an employee for another employer on a full-time
				  basis.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. For the purposes of determinations made
				under subsection 2 of Section 1194 of the Employment Security Law, the
				following words and phrases shall have the following meanings:
1. A "nonmonetary determination" is a
				decision which is made by a deputy which affects the past, present or future
				benefit rights of a claimant, except a "Notice of Potential Benefit Charge" or
				the determina­tion of the claimant's weekly benefit amount and maximum
				benefit amount.
2. "During the
				period a claimant is receiving benefits" means a period during which a claimant
				files a series of consecutive claims beginning with a claim for which the
				claimant has received a waiting period credit or has been paid a benefit
				payment and during which he or she continues to be paid.
3. An "issue" is a question involving a
				claimant which may affect his or her past, present or future benefit
				rights.
4. A "separation issue" is
				an issue which relates to the reason that a claimant is no longer
				employed.
5. A "nonseparation
				issue" is an issue which is not related to a reason that a claimant is no
				longer employed.
6. "New
				information" means information, either in whole or in part, that was not
				previously known to the deputy.
7.
				A "new issue" is an issue which was not previously raised with the deputy and
				involves a potential denial of or disqualification for benefits under the
				Employment Security Law.
8. A
				"monetary determination" is a decision made by a deputy which determines the
				claimant's weekly benefit amount and/or maximum benefit amount based on wages
				earned in the claimant's base period.
9. For purposes of making charges under 26
				M.R.S.A. Section1221(3)(C), "most recent subject employer" includes the
				separating employer or an employer which has caused a claimant's partial
				unemployment. Therefore, when an unemployed individual is employed by an
				employer on a part-time or on-call basis, any partial benefits paid to the
				claimant shall not be charged to the experience rating record of the part-time
				employer unless it is determined that the part-time employer has contributed to
				or been a causative factor in the claimant's level of unemployment, and as long
				as such employer continues to provide the level of work agreed upon in the
				hiring arrangement. Benefits paid to eligible claimants who are working under
				such employer arrangements shall be charged to the experience rating record of
				a prior otherwise chargeable employer or to the General Fund in accordance with
				Section 1221(3)(A). This rule shall not be construed to prevent charges to
				employers who have entered into arrangements involving a substantial variation
				in hours worked by an individual.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-2 - Basis for Nonmonetary Determinations

Current through 2024-29, July 17, 2024
Nonmonetary determinations will be based on reliable
				  information, shall indicate the type and disposition of the issue or issues
				  raised, and shall contain the material facts which were considered in arriving
				  at the determination and the legal result.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-3 - Deputy's Decisions; Notice of Potential Benefit Charge; Appeals

Current through 2024-29, July 17, 2024
All deputy determinations of claimant eligibility and
				  qualification for benefits, including determinations that separation was due to
				  lack of work, shall be in writing and shall be mailed to the claimant and the
				  claimant's most recent employer in the form of a Deputy's Decision. All such
				  decisions shall include a notice to the employer that its experience rating
				  record shall be charged with benefits paid to the claimant, if appropriate.
				  Separate notices of potential benefit charges shall be issued to a chargeable
				  employer only in the event such chargeable employer is not the claimant's most
				  recent employer. The Deputy's Decisions shall also include a notice to the
				  claimant and the employer that the decision may be appealed by either party to
				  the Division of Adminis­trative Hearings in writing within fifteen (15)
				  days after the decision was mailed. Such appeal period may be extended for up
				  to an additional fifteen (15) days for good cause shown. Upon timely appeal
				  from a Deputy's Decision, the Division of Administrative Hearings shall conduct
				  a hearing and issue a decision in accordance with Chapter 5 of these
				  rules.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-4 - Fact-Finding Interviews

Current through 2024-29, July 17, 2024
Whenever the employer informs the deputy, in writing prior to
				  the date on which a Deputy's Decision becomes final, that the claimant's
				  separation was not due to lack of work, or whenever the employer provides new
				  information or otherwise raises a new issue, in writing either before or after
				  the issuance of a Deputy's Decision, a fact-finding interview may be held if
				  the deputy determines that such interview is necessary. Fact-finding interviews
				  shall be held in accordance with this section.
A. Claimant is not in "Pay Status." When a
				separa­tion or nonseparation issue is discovered, and it is not during
				the period a claimant is receiving benefits, a fact-finding interview will be
				scheduled. Notice will be provided, in writing, to all interested parties.
				Fact-finding inter­views will be scheduled to be held not less than
				three (3), nor more than ten (10), working days after the date that the notice
				is mailed to the interested parties unless the notice period is waived in
				accordance with subsection C of this section.
B. Claimant is in "Pay Status." When a
				separation or nonseparation issue is discovered and it is during the period a
				claimant is receiving benefits, then the interested parties will be informed in
				writing of the date and time of the fact-finding interview to be scheduled in
				accordance with subsection 2 of Section 1194 of the Employment Security Law
				unless the notice period is waived in accordance with subsection C of this
				section.
C. Waiver of Fact-Finding
				Notice Period. The right to a notice period prior to the fact-finding
				interview, which is required by subsection 2 of Section 1194 of the Employment
				Security Law, may be waived if all interested parties waive, in writing or
				verbally, their right to a minimum of five (5) days notice. If an interested
				party verbally waives the notice period prior to the fact-finding interview,
				the waiver must be documented on the form on which the fact-finding interview
				is recorded and signed by a deputy.
D. Conduct of Interview. During the
				fact-finding interview, the employer shall be afforded the opportunity to
				present evidence with respect to the issue raised, and the claimant shall be
				afforded an opportunity to rebut such evidence. The claimant shall then be
				afforded the opportunity to present his or her own evidence subject to the
				employer's rebuttal. Thereafter, the deputy shall mail to the parties a written
				decision in accordance with sections 2 and 3 of this chapter. Such decision
				shall become final unless an appeal is filed pursuant to subsection 2 of
				Section 1194 of the Employment Security Law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-5 - Situations in which Fact-Finding is not Required

Current through 2024-29, July 17, 2024
Fact-Finding interviews are not required in the situations
				  listed in
				  26 M.R.S.A.
				  Section1194(2)(A). When
				  these situations occur, the deputy may make a determination based on the facts
				  which are included on the claimant's weekly claim card.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-6 - Multiple Determinations for the Same Claimant

Current through 2024-29, July 17, 2024
For the purposes of subsection
				  2 of Section 1194 of the Employment
				  Security Law, "promptly examine all sub­sequent claims" means that the
				  deputy will render determinations, at the same time, on all issues that are
				  known when any one determination is rendered, unless a determination or
				  determinations cannot be rendered because necessary information or
				  documentation has not yet been received, or a determination cannot be rendered
				  because of the provisions in subsection
				  7 of this Chapter. Determinations will
				  be rendered at the earliest stage of unemployment as administratively feasible,
				  after giving both the claimant and the employer the opportunity to provide
				  facts.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-7 - Claims Involving a Continuing Issue

Current through 2024-29, July 17, 2024
When rendering a determination under subsection
				  3 and subsection
				  7 of 1192 of the Employment Security
				  Law, the deputy may impose a denial for an indefinite period of time, beginning
				  with the effective date of the first week claimed in which the issue exists,
				  and continuing until the claimant proves to the satisfaction of the deputy that
				  the conditions causing the issue no longer exist. The claimant must provide
				  whatever documentation is deemed necessary on forms prescribed by the deputy to
				  verify that the condition no longer exists. The determination will contain
				  language informing the claimant of the responsibility to provide such
				  documentation and advise the claimant to contact the bureau when the condition
				  which caused the denial of benefits no longer exists.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-8 - Future Claims Involving Same Issue While an Appeal is Pending

Current through 2024-29, July 17, 2024
If a deputy has rendered a determination under Section 1192
				  or subsections
				  4 or
				  5 of Section 1193 of the
				  Em­ployment Security Law, and there are claims for weeks subsequent to
				  the week or weeks in which benefits were denied or the claimant was
				  disqualified, the deputy will not render any additional determinations on the
				  same issue until the appeal period for the original determination, reconsidered
				  determination, redetermination, decision of the Division of Administrative
				  Hearings or the commission, or a review by a court has
				  expired.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-9 - Future Claims Involving a New Issue

Current through 2024-29, July 17, 2024
Claims for subsequent weeks shall be promptly examined while
				  an appeal or the period allowed for the filing of an appeal is pending. If a
				  new issue arises, a deter­mination on the new issue will be rendered
				  promptly, regardless of the status of any appeal.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-10 - Monetary Redeterminations

Current through 2024-29, July 17, 2024
A monetary redetermination authorized under subsection
				  10 of Section 1194 of the Employment
				  Security Law may be based on an investigation initiated at the time the initial
				  claim was filed or upon new or additional information discovered during the
				  one-year period for which such redetermination is authorized. If the weekly
				  benefit amount is increased, and the claimant has not been paid his or her
				  maximum benefit amount, supplemental benefit checks will be issued. If the
				  weekly benefit amount is reduced, and the claimant has not been paid his or her
				  redetermined maximum benefit amount, no overpayments will be established for
				  weeks which have already been paid. However, when the maximum total amount of
				  benefits in the redetermination is less than the total amount of benefits which
				  the claimant has been paid in that benefit year, the benefits which were paid
				  in excess of the redetermined maximum total amount of benefits will constitute
				  an overpayment subject to recovery under Section 1051 of the Employment
				  Security Law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 11 - DEPUTY DETERMINATIONS › Section 172-11-11 - Time Limit for Redetermination

Current through 2024-29, July 17, 2024
A redetermination under subsection
				  2 of Section 1194 of the Employment
				  Security Law must be mailed on or before the finality date of the original
				  determination.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 12 - UNEMPLOYMENT COMPENSATION FOR FORMER FEDERAL CIVILIAN EMPLOYEES (UCFE) › Section 172-12-1 - Description

Current through 2024-29, July 17, 2024
The Unemployment Compensation for Former Federal Civilian
				  Employees (UCFE) program is one under which former civilian employees of the
				  Federal government file claims for unemployment compensation.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 12 - UNEMPLOYMENT COMPENSATION FOR FORMER FEDERAL CIVILIAN EMPLOYEES (UCFE) › Section 172-12-2 - Benefits

Current through 2024-29, July 17, 2024
The payment or denial of benefits under the "UCFE" program
				  shall be in accordance with 20 C.F.R. Part 609.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 13 - UNEMPLOYMENT COMPENSATION FOR EX-SERVICE MEMBERS (UCX) › Section 172-13-1 - Description

Current through 2024-29, July 17, 2024
The Unemployment Compensation for Ex-Service Members (UCX)
				  program is one under which former military employees of the federal government
				  file claims for unemployment compensation.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 13 - UNEMPLOYMENT COMPENSATION FOR EX-SERVICE MEMBERS (UCX) › Section 172-13-2 - Benefits

Current through 2024-29, July 17, 2024
The payment or denial of benefits under the "UCX" program
				  shall be in accordance with 20 C.F.R. part 614.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 14 - EDUCATION INSTITUTION EMPLOYEES › Section 172-14-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
For purposes of subsection 7 of section 1192 of the
				  Employ­ment Security Law, the following terms shall have the following
				  meanings:
A. A "contract" means an
				agreement that an individual will perform services in an instructional,
				research or principal administrative capacity for any educational institution,
				as defined in subsection 29 of section 1043 of the Employment Security Law, or
				for any educational service agency, as defined in paragraph D of subsection 7
				of section 1192 of the Employment Security Law. Such contract may be written,
				oral, express or implied.
B.
				"Annual written reasonable assurance" means a letter or other form in which an
				educational institution or educational service agency assures an individual
				that he or she will perform services for the educational institution or
				educational service agency in accordance with the conditions contained in such
				letter or form. When making determinations involving a contract or annual
				written reasonable assurance, the bureau shall take into consideration the
				claimant's prior employment history and pattern of employment.
C. "Established and customary vacation
				periods or holiday recesses" means those vacation periods or recesses which the
				local authority having control of the school system has customarily included in
				the school system schedule.
D.
				"Benefits based on services" means the benefits for which eligibility was
				determined pursuant to subsection 5 of section 1192 of the Employment Security
				Law on the basis of wages paid in a claimant's base period by educational
				institutions or educational service agencies.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 14 - EDUCATION INSTITUTION EMPLOYEES › Section 172-14-2 - Wages from educational institutions and educational service agencies

Current through 2024-29, July 17, 2024
For purposes of subsection 7 of section 1192 of the
				  Employment Security Law, if an individual has base period wages from more than
				  one educational institution or educational service agency, and if that
				  individual has a contract or annual written reasonable assurance from at least
				  one such educational institution or educational service agency, then benefits
				  shall not be payable based on the services with any educational institution or
				  educational service agency between academic years or terms or during
				  established and customary vacation periods or holiday
				  recesses.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 14 - EDUCATION INSTITUTION EMPLOYEES › Section 172-14-3 - Change in capacity of employment

Current through 2024-29, July 17, 2024
If an individual performs services for an educational
				  institution in one capacity, in either a) an instructional, research or
				  principal administrative capacity, or b) any other capacity, in one academic
				  year or term, and is given a contract or annual written reasonable assurance in
				  the opposite capacity for any educational institution in the next or a
				  subsequent academic year or term, the provisions of subsection 7 of section
				  1192 of the Employment Security Law shall not apply between such academic years
				  or terms.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 14 - EDUCATION INSTITUTION EMPLOYEES › Section 172-14-4 - Effective date of contract or annual written reasonable assurance

Current through 2024-29, July 17, 2024
A contract or annual written reasonable assurance shall be
				  deemed to be effective on the date on which it is offered. If the contract or
				  annual written reasonable assurance is offered during a period between academic
				  years or terms, benefits shall not be denied under the provisions of subsection
				  7 of section 1192 of the Employment Security Law for any weeks prior to the
				  week in which the contract or annual written reasonable assurance was
				  offered.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 14 - EDUCATION INSTITUTION EMPLOYEES › Section 172-14-5 - Substitute teachers

Current through 2024-29, July 17, 2024
An individual who is employed in an instructional capacity by
				  an educational institution for the purpose of replacing a teacher who is
				  temporarily absent shall be termed to be a "substitute teacher." If such an
				  individual has a contract or annual written reasonable assurance that he will
				  serve as a "substitute teacher" for one or more educational institutions for an
				  academic year or term, or two successive years or terms, he shall be deemed to
				  be subject to the provisions of subsection 7 of section 1192 of the Employment
				  Security Law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 14 - EDUCATION INSTITUTION EMPLOYEES › Section 172-14-6 - Other substitute employees

Current through 2024-29, July 17, 2024
For purposes of subsection 7(B) of section 1192 of the
				  Employment Security Law, an individual who is employed in a substitute capacity
				  shall be deemed to be "not offered an opportunity to perform the services for
				  the educational institution for the 2nd of those academic years or terms" when
				  one of the following occurs:
A.
				Whenever, during the academic year or term, evidence is presented that the
				individual has not worked and will not be offered an opportunity to perform
				services for the educational institution during the remainder of that academic
				year or term; or
B. The 2nd of
				those academic years or terms is completed and the individual did not perform
				any services for the educational institution during that 2nd academic year or
				term.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 15 - BENEFIT PAYMENTS TO ATHLETES

Current through 2024-29, July 17, 2024
1. For purposes of
			 subsection 10 of section 1192 of the Employment Security Law, the following
			 terms shall have the following meanings:
A.
			 "Athletes" shall mean those persons who are players on the roster of a sports
			 team, either on the active player roster or in a reserve capacity.
B. "Reasonable assurance" means a written,
			 verbal or implied agreement, or an accepted practice of the sport or athletic
			 event.
C. "Substantially all" means
			 that at least eighty percent (80%) of an athlete's total time in covered
			 services during the base period consists of participating in, training, or
			 preparing to participate in sports or athletic events.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 16 - BENEFIT PAYMENTS TO ALIENS › Section 172-16-1 - Nondiscrimination

Current through 2024-29, July 17, 2024
A. Any individual who requests a
				determination of insured status will be required to certify whether or not he
				or she is a citizen of the United States. The claims taker may not question the
				individual concerning his or her citizenship status if such questioning is
				based on race, color, ancestry or national origin.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 16 - BENEFIT PAYMENTS TO ALIENS › Section 172-16-2 - Documentation

Current through 2024-29, July 17, 2024
A. In order to meet the requirements of
				subsection 11 of section 1192 of the
Employment Security Law
,
				an alien must present the claims taker with copies of the following
				documentation which is issued by the United States Department of Homeland
				Security (DHS) or any agency therein:
1.
				Alien Registration Receipt Card, and
2. Arrival-Departure Record, or
3. Other documents as approved by DHS.
The agency shall contact DHS to verify these
				  documents.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 16 - BENEFIT PAYMENTS TO ALIENS › Section 172-16-3 - Preponderance of Evidence

Current through 2024-29, July 17, 2024
A. For purposes of
				subsection 11 of section 1192 of the
Employment Security Law
,
				the term "preponderance of evidence" shall mean evidence which is of greater
				weight or more convincing than the evidence which is offered in opposition to
				it; that is, evidence which as a whole shows that the fact sought to be proved
				is more probable than not.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 16 - BENEFIT PAYMENTS TO ALIENS › Section 172-16-4 - Availability for work

Current through 2024-29, July 17, 2024
A. An alien who
				does not meet the documentation criteria which are contained in subsection (2)
				above shall not be considered to meet the availability for work requirements of
				subsection
				3 of section 1192 of the
Employment Security Law
.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 17 - VOLUNTARY LEAVING › Section 172-17-1 - Leaves of absence

Current through 2024-29, July 17, 2024
When making determinations under subsection
				  1 of section 1193 of the Employment
				  Security Law in cases involving a leave of absence, factors to be considered
				  may include, but will not be limited to, the following:
A. Whether the claimant received any wages,
				continua­tion of health or other insurance coverage or other benefits
				while on leave of absence.
B. The
				claimant's seniority status with the employer.
C. The employer's policy concerning the
				granting of leaves of absence.
D.
				The employment status of the claimant at the end of the leave of
				absence.
E. Any contractual
				agreements between the claimant and the employer.
F. The reason that the leave of absence was
				requested.
G. Whether the leave of
				absence was for a definite or indefinite period.
H. If applicable, the reason that the
				claimant filed a claim for unemployment benefits prior to the end of the leave
				of absence.
I. The employer's and
				the claimant's intentions with regard to the claimant's employment status at
				the termination of the leave of absence.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 17 - VOLUNTARY LEAVING › Section 172-17-2 - Leaving work due to on-the-job illness/injury

Current through 2024-29, July 17, 2024
A. Determinations. When making determinations
				whether the claimant's leaving was with good cause attributable to the
				employment under subsection 1 of section 1193 of the Employment Security Law in
				cases involving an illness or injury which occurs on the job, factors to be
				considered may include, but will not be limited to, the following:
1. The circumstances under which the
				illness/injury occurred.
2. Whether
				the employer violated any govern­mental safety standards.
3. Whether the claimant violated any
				govern­mental safety standards or employer safety standards or
				rules.
4. Whether the claimant
				filed a claim for Workers' Compensation benefits.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 17 - VOLUNTARY LEAVING › Section 172-17-3 - Leaving work due to illness

Current through 2024-29, July 17, 2024
A claimant who leaves work due to the illness or disability
				  of the claimant or an immediate family member and who files an initial or
				  additional claim before the claimant is able or available to return to work and
				  request reemployment shall have the determina­tion of eligibility under
				  section 1193 deferred until such time as the claimant is able to work and
				  available for full-time work. A determination shall be rendered which denies
				  benefits under subsection
				  3 of section 1192 of the Employment
				  Security Law and which gives notice of the deferral of a qualification
				  determination under section 1193 of the Employment Security
				  Law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 17 - VOLUNTARY LEAVING › Section 172-17-4 - Leaving work due to wages

Current through 2024-29, July 17, 2024
When making determinations under subsection
				  1 of section 1193 of the Employment
				  Security Law in cases in which the claimant's reasons for leaving employment
				  were due in whole or in part to wages, factors to be considered may include,
				  but will not be limited to, the following:
A. Whether the claimant was paid wages which
				were in compliance with the State and/or Federal wage laws.
B. The rate of pay which the employer agreed
				to pay, and the reason(s) that the employer did not pay at the agreed upon
				rate.
C. The reason for any
				reduction in pay during the period of employment.
D. Whether there had been any substantial
				changes in the claimant's assigned work duties without a corresponding change
				in the rate of pay.
E. Whether
				wages were paid at agreed upon times, and if not, the reason(s) for late
				payment.
F. Whether the claimant
				has communicated to the employer or a governmental body that there may be a
				violation of wage laws.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 17 - VOLUNTARY LEAVING › Section 172-17-5 - Leaving work due to work schedule

Current through 2024-29, July 17, 2024
When making determinations under subsection
				  1 of section 1193 of the Employment
				  Security Law in cases in which a claimant's reasons for leaving employment were
				  related to his or her work schedule, factors to be considered include, but will
				  not be limited to, the following:
A.
				The claimant's previous work schedule(s).
B. The customary hours of employment for this
				type of work and for the claimant's co-workers or whether the number of hours
				worked exceeded those which are customary for similar work in the
				area.
C. Whether the work schedule
				was significantly different from the claimant's customary hours, and the reason
				for the change in the work schedule.
D. Whether the hours had been changed
				recently and whether the change was temporary or permanent.
E. Whether the work schedule had an adverse
				effect on the claimant's health or safety.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 17 - VOLUNTARY LEAVING › Section 172-17-6 - Leaving work due to harassment

Current through 2024-29, July 17, 2024
In making determinations under subsection
				  1 of section 1193 of the Employment
				  Security Law, when it is known or believed that the claimant's reason for
				  leaving employment was related to harassment, factors to be considered may
				  include, but will not be limited to, the following:
A. The nature of the conduct.
B. The degree to which the conduct related to
				the employment.
C. Whether the
				conduct was repeated or was an isolated incident.
D. Whether the employer made any changes in
				the claimant's working conditions for retaliatory purposes.
E. How seriously the conduct was intended
				and/or perceived.
F. The efforts
				made by the employer and the claimant to control or adjust the
				situation.
G. The employment
				relationship between the claimant and the alleged harasser.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 17 - VOLUNTARY LEAVING › Section 172-17-7 - Leaving work to accept new employment

Current through 2024-29, July 17, 2024
For purposes of subsection
				  1 of section 1193 of the Employment
				  Security Law, the following terms shall have the following meanings:
A. "Good faith" means that the claimant
				intended to commence working at and to continue working at new
				employment.
B. "Accept new
				employment on a permanent full-time basis" means that the claimant had been
				affirmatively offered employment on a full-time basis by the new employer. The
				claimant does not actually have to commence work with the new employer if the
				new employer either has postponed or withdrawn the job offer. However, it must
				be shown that a bona fide offer of work existed at the time the claimant
				separated from employment.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 17 - VOLUNTARY LEAVING › Section 172-17-8 - Leaving work to accompany, follow or join spouse

Current through 2024-29, July 17, 2024
A. For purposes of subsection 1 of section
				1193 of the Employment Security Law, the following terms shall have the
				following meanings:
1. "Spouse" means a
				person to whom the claimant is legally married, or a person to whom the
				claimant was legally married within fourteen (14) days of arrival at the new
				place of residence.
2. "To
				accompany" means that the claimant will relocate at substantially the same time
				as the claimant's spouse.
3. "To
				follow" means that the claimant will relocate after the claimant's spouse has
				already left the area in which they previously resided.
4. "To join" means that the claimant will
				re­locate to a residence that the claimant's spouse has already
				established.
5. "New place of
				residence" means a place other than that in which the claimant most recently
				lived, and in which the claimant intends to live for an indefinite period of
				time, and which is located at such a distance from the previous employment so
				as to render commuting unreasonable.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 17 - VOLUNTARY LEAVING › Section 172-17-9 - Leaving work to protect the claimant from domestic abuse

Current through 2024-29, July 17, 2024
A. For purposes of subsection 1 of section
				1193 of the Employment Security Law in cases in which the claimant's reason for
				leaving employment was that such leaving was necessary to protect the claimant
				from domestic abuse, the fact of domestic abuse may be established by a
				preponderance of the evidence.
B.
				The filing of a civil or criminal complaint against or the criminal conviction
				of the alleged abuser shall not be required as a prerequisite in order to
				establish the fact of domestic abuse. Nor shall such complaint or conviction be
				required as "reasonable efforts to preserve the employ­ment."
C. Upon an affirmative determination of the
				fact of domestic abuse, factors to be considered in determining whether the
				claimant made all reasonable efforts to preserve the employment may include,
				but will not be limited to, the following:
1.
				Whether the abuse occurred at the place of employment.
2. Whether, considering the type of abuse,
				the claimant was safe at the worksite and/or while commuting to and from the
				worksite.
3. Whether the abuser or
				the abuser's relatives or friends were co-workers of the claimant or otherwise
				present at the worksite.
4. Whether
				the abuse occurred as a consequence of the claimant going to work.
5. Whether the abuse itself interfered with
				the claimant's ability to work, travel, or prepare for work.
6. Whether the employer was informed either
				before or within a reasonable time after separation of the fact of the domestic
				abuse.
7. Whether the claimant
				needed to hide from the abuser at a shelter or elsewhere in order to be
				safe.
8. Whether the claimant left
				the geographic area to escape the abuse.
9. Whether the claimant requested
				reemployment with the employer upon return to the geo­graphic area after
				having left or upon the cessation of the domestic abuse.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 17 - VOLUNTARY LEAVING › Section 172-17-10 - Volunteering for lay off

Current through 2024-29, July 17, 2024
For the purpose of subsection
				  1 of section 1193(A)(5) of the
				  Employment Security Law in cases where an employee volunteers to be part of the
				  lay off or reduction in force, factors to be considered may include, but not be
				  limited to:
1. Whether the employee is
				actually on a leave of absence mutually agreed upon by the employer and the
				employee.
2. Whether the employee's
				intent is to retire from the work with that employer, and if it was, then the
				separation would be considered a voluntary retirement under subsection 1 of
				section 1193(B) of the Employment Security Law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 18 - DISCHARGE › Section 172-18-1 - Burden of proof

Current through 2024-29, July 17, 2024
A discharge is a termination of the employer-employee
				  relationship which is initiated by the employer and which entitles a claimant
				  to unemployment benefits unless he or she is discharged for misconduct under
				  subsection
				  2 of section 1193 of the Employment
				  Security Law. The burden of proof is on the employer to prove that the
				  employee's conduct meets the statutory definition of
				  misconduct.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 18 - DISCHARGE › Section 172-18-2 - Evidence

Current through 2024-29, July 17, 2024
When an employer provides substantial evidence that a
				  claimant whom it discharged has engaged in criminal conduct in connection with
				  the employment, evidence of conviction shall not be required in order to
				  sustain a finding that the claimant has engaged in
				  misconduct.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 19 - OTHER REMUNERATION › Section 172-19-1 - Definitions

Current through 2024-29, July 17, 2024
For purposes of subsection
				  3 of section 1191 and of subsection
				  5 of section 1193 of the
Employment Security Law
, the following terms shall have the
				  following meanings:
A. "Dismissal
				wages", "severance pay" and "terminal pay" means a payment made to an
				individual who has been dismissed by an employer, which payment is in addition
				to any wages which that individual has earned through the performance of
				services. A payment made to an individual as an incentive to either resign,
				retire, or accept an employer-initiated separation will be treated in the same
				manner as "terminal pay."
B. "Wages
				in lieu of notice" means a payment made to an employee who is being terminated
				without prior notice.
C. "Vacation
				pay" means payment from an employer for a period during which the individual is
				away from work and not required to perform services, regardless of how the
				employer identifies it. Its accrual is normally based on a set number of days
				or weeks for each year of employment.
D. "Holiday pay" means payment for one or
				more days that the employer has determined will be non-work days due to a
				special circumstance or event.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 19 - OTHER REMUNERATION › Section 172-19-2 - Period of Application

Current through 2024-29, July 17, 2024
The types of remuneration which are defined in section
				  1 shall be allocated to the following
				  periods of unemployment.
A. "Dismissal
				wages," "severance pay," "terminal pay," and wages in lieu of notice will be
				applied to the week in which they are paid.
B. "Vacation pay" considered disqualifying
				under
				26 M.R.S.
				Section1193(5) (A-1) will be
				allocated to a period following separation which would be equivalent to the
				claimant's normal wages.
C.
				"Holiday pay" shall be allocated to the week in which the holiday occurs,
				regardless of when the "holiday pay" is paid.
D. If a claimant receives more than one of
				the types of remuneration defined in section
				1 of this chapter during the same week,
				these types of remuneration shall be applied simultaneously to the week in
				which they are received.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 19 - OTHER REMUNERATION › Section 172-19-3 - Payroll periods

Current through 2024-29, July 17, 2024
If the remuneration in a form listed in subsection
				  5 of section 1193 of the Employment
				  Security Law is not paid on the basis of a "week" as defined in subsection (D)
				  of section
				  1 of Chapter 1 of these rules, then the
				  deputy shall determine the daily rate of pay, based on the claimant's normal
				  rate of pay. The daily rate of pay shall then be divided into the total amount
				  of the remuneration paid to obtain the number of days to which the remuneration
				  shall be allocated. The remuneration shall then be allocated based on the daily
				  rate of pay multiplied by the number of days normally worked in each
				  week.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 19 - OTHER REMUNERATION › Section 172-19-4 - Supplemental Unemployment Benefits

Current through 2024-29, July 17, 2024
Supplemental unemployment benefits are payments which are
				  made as part of a written plan established by and maintained by an employer
				  solely for the purpose of supplementing the unemployment compensation benefits
				  of former employees. Such payments are in addition to unemployment compensation
				  benefits which are paid under state or federal unemployment compensation laws,
				  and are not "earnings" or "wages"' under subsection
				  3 of section 1191 or remuneration,
				  under subsection
				  5 of section 1193 of the
Employment Security Law
.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 19 - OTHER REMUNERATION › Section 172-19-5 - Bonus Payments

Current through 2024-29, July 17, 2024
Bonus payments are a form of wages under
				  26 M.R.S. Section
				  1043(19) and are normally
				  paid for extraordinary work or as an inducement for increased performance.
				  Bonus payments may be calculated and paid based on prior performance levels,
				  normal wages, profit levels, or any other method. For purposes of subsection 5
				  of section 1193 of the
Employment Security Law
, "bonus
				  payments" shall not be considered remuneration due to an individual as listed
				  in that subsection. Bonus payments shall be considered earnings under
				  subsection
				  3 of section 1191 with respect to the
				  week or weeks in which the bonus payment was earned.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 19 - OTHER REMUNERATION › Section 172-19-6 - Back Pay Award

Current through 2024-29, July 17, 2024
If a payment, which is awarded or authorized by the National
				  Labor Relations Board, a court or any other administrative agency of government
				  for any settlement of a dispute, is for, or equivalent to, wages for a specific
				  period of time, then that payment will be considered to be wages with respect
				  to the week or weeks which are covered by such award, provided that the payment
				  is actually received by the claimant. If the claimant was paid benefits for any
				  week or weeks covered by the award, then the deputy may reconsider the benefit
				  payment for such week or weeks in accordance with subsection 10 of section 1194
				  of the
Employment Security Law
.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 19 - OTHER REMUNERATION › Section 172-19-7 - Back Pay Award

Current through 2024-29, July 17, 2024
If a payment, which is awarded or authorized by the National
				  Labor Relations Board, a court or any other administrative agency of government
				  for any settlement of a dispute, is for, or equivalent to, wages for a specific
				  period of time, then that payment will be considered to be wages with respect
				  to the week or weeks which are covered by such award, provided that the payment
				  is actually received by the claimant. If the claimant was paid benefits for any
				  week or weeks covered by the award, then the deputy may reconsider the benefit
				  payment for such week or weeks in accordance with subsection 10 of section 1194
				  of the Employment Security Law.
Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 20 - UNEMPLOYMENT FRAUD OR MISREPRESENTATION BY CLAIMANTS › Section 172-20-1 - Unemployment fraud or misrepresentation

Current through 2024-29, July 17, 2024
Unemployment fraud or misrepresentation exists where a
				  claimant has made a false statement or representation knowing it to be false or
				  knowingly fails to disclose a material fact in the claimant's application to
				  receive benefits.
A finding of unemployment fraud or misrepresentation shall
				  be made based on a preponderance of the evidence.