Code of Massachusetts Regulations › 430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE › Title 430 CMR 12.00 - Seasonal Employment Under M.G.L. c. 151A sec. 1, 24 › Section 12.03 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases shall have the following
				meanings unless otherwise clearly indicated by the context of
				430 CMR 12.00.
Director.
Director of the Department
				of Unemployment Assistance or the Director's designee.
Functionally Distinct Occupation
. An
				occupation in which the assigned duties or tasks are identifiably distinct from
				the duties or tasks assigned to employees outside the seasonal period. Mere
				addition of staff to perform the same or similar duties as those performed
				outside the season would not be considered seasonal.
Less than 20 Weeks
- a maximum of 19
				calendar weeks as defined by M.G.L. c. 151A, § 1(t), plus any additional
				days of work which total at least one work day less than the customary work
				week of the employer as specified on its seasonal application.
Seasonal Claimant
. An individual who
				was employed by a certified seasonal employer for less than 20 weeks in a
				calendar year and who has filed a claim for unemployment benefits.
Seasonal Determination
. A
				certification by the Director that an employer operates all or a functionally
				distinct occupation within its business during a regularly recurring period(s)
				of less than 20 weeks in a calendar year because of the nature of the product
				or service or because of climatic conditions.
Seasonal Employment
. Service performed
				by an employee for wages for a certified seasonal employer during a period or
				periods of less than 20 weeks in a calendar year. Any such period(s) must be
				certified by the Director and must include definite beginning and ending
				dates.
Seasonal Unemployment
. An individual's
				unemployment during the seasonal period for which the individual was hired or
				during the next regularly recurring seasonal period following the seasonal
				period in which the individual earned wage credits, provided that the
				individual is able and available for the seasonal employment and the
				unemployment is due to a qualifying separation or the unavailability of
				seasonal work for that individual. Any claim for seasonal unemployment must be
				filed within the operating period of the seasonal employment.
Seasonal Employer
. An employer
				determined by the Director to be seasonal because it customarily operates all
				or a functionally distinct occupation within its business only during a
				regularly recurring period or periods of less than 20 weeks in a calendar year
				due to climatic conditions or the nature of the product or service.
Seasonal Employee
. An individual who
				has been employed by a seasonal employer in seasonal employment during a
				regularly recurring period or periods of less than 20 weeks in a calendar year
				for all seasonal periods, and has been notified in writing by the employer at
				the time hired, or immediately following the seasonal determination made by the
				Director that the individual is performing services in seasonal employment for
				a seasonal employer and such employment is limited to the beginning and ending
				dates of the seasonal employment as certified by the
				Director.