Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.210 - Unemployment insurance benefit filing requirements; definitions

Current through Vol. 24-12, July 15, 2024
Rule 210.
(1) An
				  individual shall receive benefits for any week of unemployment for which the
				  individual filed a claim and reported in accordance with this rule and with the
				  direction of the agency and for which the individual is otherwise eligible and
				  qualified for benefits. In the case of an employer whose workers have filed
				  either 1,000 or more new claims or additional claims, or both, in each of the
				  previous 3 calendar years, the employer shall file claims on behalf of the
				  workers, in a manner prescribed by the agency.
(2) As used in this rule:
(a) "Additional claim" means a claim filed by
				  an individual to reestablish eligibility for benefits after an interruption in
				  the claim series during an existing benefit year caused by a period of
				  employment.
(b) "Claim series"
				  means an uninterrupted period of weeks for which an individual claims
				  benefits.
(c) "Continued claim"
				  means a report filed by an individual who has filed a new, additional, or
				  reopened claim and who is certifying as to eligibility for benefits for 1 or
				  more weeks of unemployment.
(d)
				  "Day of work" means a calendar day or portion of a calendar day on which an
				  individual performed services for an employing unit under a contract of hire,
				  including a calendar day or portion of a calendar day for which an individual
				  received, or is entitled to receive, call-in pay. If an individual reports for
				  work on a day on which the individual has been scheduled to work, but does not
				  work because work is not available, then that day is considered a "day of
				  work".
(e) "Good cause for late
				  filing of a new, additional, or reopened claim" and "good cause for late
				  reporting to file a continued claim" means that there is a justifiable reason,
				  determined in accordance with a standard of conduct expected of an individual
				  acting as a reasonable person in the light of all the circumstances, that
				  prevented a timely filing or reporting to file as required by this rule.
				  Examples of justifiable reasons that the agency may consider as constituting
				  good cause include any of the following:
(i)
				  Acts of God.
(ii) Working or
				  reliance on a promise of work that did not materialize.
(iii) Closing of agency offices, or the
				  failure of the agency's telephonic or electronic equipment, during scheduled
				  hours of operation.
(iv) Delay or
				  interruption in the delivery of mail or the delay or interruption of
				  information by telephonic or other means by a business or governmental agency
				  entrusted with the delivery of mail or of messages by telephonic or other
				  means.
(v) Personal physical
				  incapacity or the physical incapacity or death of a relative or ward of either
				  the individual or the individual's spouse or of any person living in the same
				  household as the individual claiming benefits.
(vi) Attendance at a funeral.
(vii) Incarceration.
(viii) Jury duty.
(f) "New claim" means a claim filed by an
				  individual to establish eligibility for a new benefit year.
(g) "Reopened claim" means a claim filed by
				  an individual to reestablish eligibility for benefits after an interruption in
				  the claim series during an existing benefit year for a reason other than
				  employment that is caused by a period of nonreporting.
(h) "Week of unemployment" means a week
				  during which an individual is unemployed within the meaning of section 48 of
				  1936 PA 1, MCL 421.48.