Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 22 - EXTENDED BENEFITS

Current through 2024-29, July 17, 2024
1. For purposes of
			 section 1195 of the Employment Security Law, the following terms shall have the
			 following meanings:
A. Under paragraph A of
			 subsection 3-C, "gross average weekly remuneration" means the number of hours
			 worked multiplied by the hourly wage, if the offered work is for a fixed number
			 of hours at a fixed rate of pay. If the gross wages for the offered work vary,
			 the "gross average weekly remuneration" shall be determined by the actual pay
			 of workers who are doing the same or similar work over a period of time which
			 would be of sufficient length to provide a fair indication of the wages which
			 the individual could expect to earn.
B. Under subparagraph 2 of paragraph A of
			 subsection 3-C, "supplemental unemployment benefits" means payments made as
			 part of a written plan established and maintained by an employer and/or his
			 employees solely for the purpose of providing payments to former employees who
			 have been separated from work due to a reduction in force, the discontinuation
			 of plant or operation or other similar situation. Such payments are in addition
			 to unemployment benefits which are paid under state or federal unemployment
			 compensation laws.
C. Under
			 subparagraph (1) of paragraph C of subsection 3-C:
1. "Offered to the individual in writing"
			 means that the prospective employer has furnished the individual with a written
			 notice which will provide the individual with sufficient information so that
			 the individual will be able to determine the conditions of
			 employment.
2. "Listed with the
			 employment service" means that the Job Service Division of the bureau has an
			 active job order for the position in its files.
D. Under subparagraph (3) of paragraph C of
			 subsection 3-C:
1. "Reasonably short period"
			 means within four (4) weeks of the week for which a claim is filed.
2. "Satisfactory evidence" means written
			 information which is submitted by the claimant, or an oral statement which is
			 recorded on a Form Me. B-2.5, Claimant's Questionnaire, Form BD-4, Statement
			 Supporting Deputy's Findings of Fact or on any other appropriate agency form.
			 The deputy may verify the information which is provided by the claimant
			 directly with the employer that has offered work to the claimant.
E. Under paragraph A of subsection
			 3-E:
1. A "systematic" effort means an effort
			 to obtain work which is thorough, planned and takes into consideration the
			 local labor market conditions and hiring practices. This effort must be one
			 which could reasonably be expected to lead to offers of work.
2. A "sustained" effort to obtain work means
			 an effort which is maintained steadily and at length without weakening. The
			 effort to seek work must be conducted throughout the week. An individual who
			 holds himself available for work but is not actively contacting employers in
			 order to seek work shall not be considered to be making a "sustained"
			 effort.
F. Under
			 paragraph B of subsection 3-E, "tangible evidence" means a written list of
			 employers that have been contacted in the claimant's effort to seek work. This
			 list shall be written on the claimant's weekly claim form which is used to file
			 a claim for benefits.
G. For
			 purposes of subsection (E)(2) of this Chapter, "throughout the week" means
			 contacting at least four (4) different employers on at least two (2) days of
			 the week.