Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.40 - UNEMPLOYMENT INSURANCE › Subchapter 24.40.1 - NEW › Rule 24.40.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the terms defined in Title 39, chapter 51,
				  MCA, including in
				  39-51-201 through
				  39-51-205, and
				  39-51-1121, MCA, the following
				  definitions apply to this chapter, unless context or a particular rule provides
				  otherwise:
(1) "Accredited by the
				state of Montana" means the educational institution meets the applicable
				accreditation standards defined in Title 20, MCA, for institutions in the state
				of Montana, and the standards defined by the U.S. Department of Education for
				institutions outside the state of Montana.
(2) "Additional claim" means a claimant
				reactivated a claim during the claim's benefit year according to 24.40.841,
				after one or more separations from insured employment since the claim went
				inactive.
(3) "Base period
				employer" means an employer from whom a claimant earned wages for insured
				employment during the base period of the claim.
(4) "Benefit determination" means a decision
				involving any issue related to a claimant's qualification or eligibility for
				benefits, including monetary, nonmonetary, and separation issues. The term also
				includes a claimant's overpayment amount and determinations regarding waiver of
				overpayment recovery.
(5) "Calendar
				quarter" means any one of the following quarters in a year:
First - January, February, March
Second - April, May, June
Third - July, August, September
Fourth - October, November, December
(6) "Child" as used in
				39-51-2111, MCA, means an
				individual under the age of 18, including an emancipated minor, or an adult
				with a disability who is dependent upon parent(s) or guardian(s) for food,
				shelter, living expenses, and other necessities.
(7) "Claim," as used in this chapter and in
				Title 39, chapter 51, MCA, unless the context or language clearly indicates
				otherwise, means an initial, additional, or reopened claim for unemployment
				insurance benefits.
(8) "Claimant"
				means a person who has filed a claim, or who is in the process of filing a
				claim.
(9) "Days" means a specified
				number of consecutive calendar days, including Saturdays, Sundays, and holidays
				except as provided in ARM 24.40.105.
(10) "Discharge," as used in
				39-51-2303, MCA, means a
				termination of the employment relationship between an employer and a employee
				initiated by the employer, for reasons other than a lack of work, whether or
				not in response to some act or omission on the part of the employee.
(11) "Educational institution," as used in
				39-51-2108,
				39-51-2302, and
				39-51-2307, MCA, means any public,
				private, or nonprofit academic, vocational, technical, business, professional,
				or other school (including a home school), college, or university.
(12) "Good cause" means reasonably compelling
				circumstances which did not result from any act or omission on the part of the
				person or business entity claiming good cause and which could not be overcome
				by reasonable diligence.
(13)
				"Inactive claim" means a claimant did not file a request for benefit payments
				for four consecutive weeks during the claim's benefit year. In order to begin
				claiming benefits again when a claim goes inactive, a claimant must follow the
				procedures pursuant to 24.40.841.
(14) "Initial claim" means a request filed by
				a claimant for a determination of the claimant's potential entitlement to and
				eligibility for benefits.
(15)
				"Insured employment" means employment, as defined in
				39-51-203, MCA, including federal
				civilian service, federal military service, and services that constitute
				employment in any other state, but does not include those services enumerated
				in 39-51-204, MCA.
(16) "Issue" means any act, circumstance, or
				condition, occurring or existing before or during a claimant's benefit period,
				that has the potential to disqualify or make a claimant ineligible for benefits
				or to reduce the amount of benefits payable to a claimant. An issue includes
				both monetary and nonmonetary factors affecting benefit eligibility.
(17) "Job attached" means a claimant is able
				and available and has a definite or approximate date of hire or recall to
				insured employment at 30 or more hours per week.
(18) "Labor market area" means an
				economically integrated geographic area within which individuals can reside and
				find work within a reasonable distance or can readily change jobs without
				changing their place of residence.
(19) "Leave of absence" means a cessation of
				employment due to reasons other than an on-the-job injury, requested by the
				employee and approved by the employer, with an understanding the employee will
				be returning to employment for the employer.
(20) "Leaving work" as used in
				39-51-2302, MCA, includes the term
				"leaving employment," and means:
(a) any
				permanent, long-term, or indefinite voluntary reduction in an employee's hours
				of insured, regularly scheduled employment of 40 or more hours per week for a
				particular employer initiated by the employee, whether or not the reduction
				occurs in response to an act or omission of the employer or is approved by the
				employer; or
(b) a cessation of
				employment initiated by the employee, which resulted from the employee's
				absence from work without an employer-approved leave of absence for:
(i) five or more consecutive work days due to
				a physical or mental condition, which prevented the employee from performing
				the essential functions of the job; or
(ii) three or more consecutive work days
				without the employer's permission for any other
				reason.