reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-5 - Churches and religious organizations

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-8-2; IC 22-4.1
Sec. 5.
(a) As used
				in this rule, "church", "convention", and "association" have the meanings set
				forth in IC
				22-4-8-2(j)(3)(A).
(b) Service performed for a college devoted
				primarily to the preparation of students for the ministry is not employment, as
				is the service for a novitiate or a house of study training candidates to
				become members of a religious order.
(c) A church-related charitable organization,
				such as an orphanage or home for the aged, is not considered to be operated
				primarily for religious purposes, and service performed for such an entity is
				employment.
(d) Under IC
				22-4-8-2(j)(3)(B),
				the exclusion of service performed by ministers in the exercise of their
				ministry, and by members of a religious order in performing the duties required
				by the order, applies only when the service is performed for nonprofit
				organizations required to be covered by the state law.
(e) A minister is ordained, commissioned, or
				licensed if he or she has been vested with ministerial status in accordance
				with the procedure followed by the particular church denomination. However, he
				or she does not have to be connected with a congregation. Ministerial authority
				continues until revoked by the church.
(f) For purposes of this section, "exercise
				of the ministry" includes the following:
(1)
				The conduct of religious worship and the ministration of sacerdotal
				functions.
(2) Service performed in
				the control, conduct, and maintenance of:
(A)
				a religious organization under the authority of a religious body constituting a
				church or church denomination; or
(B) an organization operated as an integral
				agency of such a religious organization or of a church or church
				denomination.
(3) Service
				performed for any organization under an assignment or designation by a church,
				not including cases in which a church merely helps a minister by recommending
				him or her for a position involving nonministerial services for an organization
				not connected with the church.
(4)
				Missionary service or administrative work in the employ of a missionary
				organization.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-6 - Domestic service

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 6.
(a) Domestic
				services excluded from employment are services of a household nature performed
				by an individual in or about the private home of the person for whom the
				services are performed, or are services performed in or about the club rooms or
				house of a local college club, or local chapter of a college fraternity or
				sorority, for whom the services are performed.
(b) As used in this section, "private home"
				means the fixed place of abode of an individual or a family.
(c) As used in this section, "local college
				club or local chapter of a college fraternity or sorority" does not include an
				alumni club or chapter.
(d) If the
				home is utilized primarily for the purpose of supplying board or lodging to the
				public as a business enterprise, the home ceases to be a private home and the
				services performed therein are not excluded. In addition, if the club rooms or
				house of a local college club, or local chapter of a college fraternity or
				sorority, are used primarily for such purposes, the services performed therein
				are not excluded.
(e) The services
				described in subsection (a) are not excluded if they are performed in or about:
(1) rooming or lodging houses;
(2) boarding houses;
(3) clubs (except local college
				clubs);
(4) hotels; or
(5) commercial offices or
				establishments.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-7 - Agricultural labor

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-7-2; IC 22-4.1
Sec. 7.
(a)
				Agricultural labor does not include services performed in connection with
				forestry, lumbering, or landscaping.
(b) Greenhouses and other similar structures
				used primarily for other purposes, such as display, storage, or fabrication of
				wreaths, corsages, and bouquets, do not constitute farms.
(c) Services performed for the owner or
				tenant or operator of one (1) or more farms in connection with the:
(1) operation;
(2) management;
(3) conservation;
(4) improvement; or
(5) maintenance; of any of the farms or its
				tools or equipment are excluded as agricultural labor, provided the major part
				of the services is performed on a farm.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-8 - Product demonstrators

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 8.
(a)
				Demonstrators:
(1) who are placed by a
				manufacturer in department and specialty stores to aid in the sale of the
				specialized products of the manufacturer;
(2) who are engaged by the
				manufacturer;
(3) who are paid
				directly or indirectly by the manufacturer; and
(4) who work under the direction of the
				manufacturer, although this direction may be delegated to the retailer; are
				employed by the manufacturer.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-9 - Railroad workers

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 9.
Services performed where potential unemployment benefits are
				  payable under the Railroad Unemployment Insurance Act shall not be deemed
				  employment within the meaning of IC 22-4.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-10 - Insurance agents and solicitors

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 10.
Services performed by an individual as an insurance agent or
				  insurance solicitor are excluded, provided that these services are performed
				  solely on a commission basis. If any part of an individual's remuneration for
				  these services is a salary, none of the individual's services are excluded, and
				  the total remuneration is included in the contribution
				  computation.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-11 - Agent workforce lessors

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 11.
The lessee of a leased workforce is the employer of the
				  individuals in the workforce when the lessor hires and pays the individuals as
				  the agent of the lessee.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-12 - Certain services performed with respect to property not held by the owner

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 12.
Where property is held by a mortgagee in possession, an
				  assignee of rent, or a trustee or receiver under the mortgage, the mortgagee,
				  the assignee, or the trustee or receiver, not the owner of the property, is the
				  employer of individuals performing services with respect to the
				  property.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-13 - "Partially exempt services" determined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-8-3; IC 22-4.1
Sec. 13.
(a) To
				determine whether one-half (1/2) of the services performed in a pay period
				constitute employment under IC
				22-4-8-3, the department will
				compare the duration of the services that constitute employment to the duration
				of the services that do not constitute employment.
(b) For claims that involve multiple pay
				periods, the department may consider the average of all pay periods to
				determine whether the services constitute employment.
(c) This rule does not apply with respect to
				any services performed by the individual for an employing unit:
(1) if the periods for which the employing
				unit makes payments of remuneration to the individual vary to the extent that
				there is no period for which a payment of remuneration is ordinarily made to
				the individual;
(2) if the period
				for which a payment of remuneration is ordinarily made to the individual by the
				employing unit exceeds thirty-one (31) consecutive calendar days; or
(3) during a pay period if any of such
				service is excepted under IC
				22-4-8-3.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-1 - Meals and lodging; valuation

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 1.
(a) Costs for
				meals and lodging allowed by an employer as increased or additional
				remuneration for employees are wages subject to contribution.
(b) Where the employer provides a fixed
				amount to employees for meals and lodging, that fixed amount is the amount of
				additional remuneration.
(c) Where
				the employer does not provide a fixed amount to employees, the actual cost of
				the meals and lodging is the amount of additional remuneration.
(d) Where meals and lodging are furnished by
				the employer on the premises of the employer for the convenience of the
				employer, the value of those meals and lodging is not remuneration subject to
				contributions.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-2 - Wages in lieu of notice or termination allowances

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 2.
Wages in lieu of notice, or termination allowances, include
				  amounts paid by an employer to an employee at the time of employment separation
				  and are wages subject to contribution.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-3 - Back pay awards by the National Labor Relations Board

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 3.
(a) Awards of
				back pay to individuals by the National Labor Relations Board are reportable as
				wages for the quarter covered by the award.
(b) Payments of additional wages made
				pursuant to terms of the Fair Labor Standards Act are reportable as wages for
				the quarter covered by the payment.
(c) Awards of back pay to individuals
				resulting from arbitration are reportable as wages for the quarter covered by
				the arbitration award.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-4 - Commissions on installment payments

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 4.
Where commissions are paid to salespersons each time a
				  purchaser makes a payment under an installment contract, the commissions shall
				  be considered wages paid at the time that they are credited to the salesperson
				  in the employer's financial records.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-5 - Payments to corporate officers, directors, and members of a board of directors

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 5.
(a) An
				officer of a corporation who receives remuneration for his or her services as a
				corporate officer from a corporation is in employment during the entire term of
				his or her office, and the remuneration shall be considered as wages.
(b) A member of the board of directors of a
				corporation is not considered in employment, and fees paid for attendance at
				meetings of the board of directors shall not be deemed wages.
(c) A member of a board of directors is in
				employment, however, if he or she performs services for remuneration for the
				corporation other than those required by attendance at, and participation in,
				the meetings of the board of directors.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-6 - Payments to partners

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 6.
Payments made by a partnership to a partner are not wages. A
				  partner is an employer and is not an employee of the
				  partnership.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-7 - Idle time payments

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 7.
Where an employer:
(1) guarantees employees a minimum number of
				hours of employment per week; and
(2) makes payments to them for idle time when
				they do not render services for the minimum number of hours; the payment for
				the idle time constitutes wages subject to contribution.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-8 - Employee discounts on purchases

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 8.
Discounts allowed employees on the purchase of goods from
				  the employer are not wages if the:
(1)
				purchase is optional for the employee; and
(2) discounts do not constitute regular or
				systematic remuneration for services rendered.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-9 - Prizes and bonuses

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 9.
(a) A prize
				or a bonus given by an employer to an employee in cash is wages. When given in
				any medium other than cash, the prize or bonus will be considered wages unless
				it is not remuneration for employment.
(b) A prize or bonus paid in cash or in any
				other medium, whether or not paid as a result of a contractual obligation,
				shall be reported as wages for the week in which the prize or bonus is due or
				paid.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-10 - Promissory notes

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 10.
Where an employee accepts a promissory note in lieu of
				  wages, the:
(1) face amount of the
				note at the time it is delivered to and accepted by the employee is considered
				the amount of wages subject to contribution; and
(2) wages are considered paid at the time of
				the delivery and the acceptance of the note.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-11 - Tips and gratuities

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-4-2; IC 22-4.1
Sec. 11.
(a) Tips and
				gratuities received by an employee from persons other than the employer, and
				not accounted for to the employer, are not wages. However, the amount of tips
				or gratuities accounted for by the employee to the employer by written
				statement, as required by Section 6053 of the Internal Revenue Code when the
				tips are in excess of twenty dollars ($20) per month, are wages within the
				meaning of IC
				22-4-4-2.
(b) Where an employer does not permit tipping
				of employees, but rather:
(1) adds a certain
				percent to the charges made to patrons; and
(2) disburses the added amounts to employees;
				the sums disbursed are wages and not tips.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-12 - Traveling expenses; commission drawing accounts

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 12.
(a) Actual
				amounts advanced or reimbursed to employees for traveling expenses, which are
				expenses of the employer incurred by the employee in connection with the
				employee's position and the business of the employer, are not wages.
(b) Where an employee is allowed a drawing
				account against which earned commissions are credited, and the commissions
				earned do not equal the amounts withdrawn, and the employee is required to
				account to the employer for amounts overdrawn, the commissions earned, and not
				the amounts overdrawn, are wages subject to contribution. However, if the
				employee is not required to account to the employer for the amounts overdrawn,
				all amounts advanced to the employee are wages.
(c) In determining contributions due for a
				quarter, each employee is to be considered individually, and, if the expenses
				of an employee exceed earnings, the excess may not be credited against the
				contribution liability incurred by the employer by reason of wages payable to
				other employees of that employer.
(d) If an employee earns wages in excess of
				expenses in one (1) calendar quarter, contributions are due and payable on the
				wages. If the same employee, in a subsequent calendar quarter, incurs expenses
				in excess of wages, the excess shall not be taken as a credit against
				contributions due for a previous calendar quarter, or contributions in future
				months or calendar quarters, respectively.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-13 - Vacation and leave of absence pay

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 13.
Remuneration paid by an employer to an employee for vacation
				  periods or leaves of absence, in the regular course of employment, is wages,
				  and such periods of paid vacation or paid leave of absence is employment, as
				  the employment relationship has not been terminated.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-14 - Taxable wage base; successors

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-7-2; IC 22-4.1
Sec. 14.
(a) When an
				employing unit qualifies under IC
				22-4-7-2(a)  or
				IC 22-4-7-2(b), the
				remuneration paid by the predecessor in such calendar year is combined with the
				remuneration paid by the successor in that same calendar year in determining
				when an employee has reached the taxable wage base limit.
(b) The combining of the remuneration paid to
				an individual by separate employers, in establishing the taxable wage base
				limitation, applies only in successorship cases.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 6 - Wages › Section 6-15 - Taxable wage base; out of state

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-4-2; IC 22-4.1
Sec. 15.
Under IC
				  22-4-4-2, remuneration paid to an
				  employee in another state is considered in determining the taxable wage base
				  limitation for a calendar year, if wages are paid to the same employee by the
				  same employer in this state during that calendar year.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 7 - Unemployment Benefits › Section 7-1 - Social Security; identification of claimant

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 1.
No individual will be eligible for a monetary determination
				  of benefits without first providing the department with his or her Social
				  Security number.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 7 - Unemployment Benefits › Section 7-2 - Separating and base period employer notices; protests

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 2.
(a) Whenever
				an individual files an initial claim for unemployment benefits, the department
				shall issue notices to the claimant's last employer prior to the filing of the
				claim, and to all of the claimant's base period employers, informing these
				employers of the filing of the claim, and requesting the submission of
				information regarding the claimant's separation from employment. The notices
				also inform the employers that their experience account is potentially
				chargeable for benefits paid to the claimant.
(b) If the claimant has been separated for
				any of the following reasons, the employer shall file a protest setting forth
				the separation circumstances, and the form of protest, from publicly available
				department policy, will be set forth on the employer notice:
(1) Voluntarily left the employment without
				good cause in connection with the work.
(2) Was discharged for just cause.
(3) Was discharged for gross misconduct in
				connection with his or her work.
(4) Left due to the claimant's physical
				condition.
(5) Left to accept other
				employment.
(6) Left to enter
				self-employment.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 7 - Unemployment Benefits › Section 7-3 - Minimum weekly benefits

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 3.
(a) In cases
				where an individual is paid the statutory minimum weekly benefit amount
				established under IC
				22-4-12-2, although the
				individual's actual weekly benefit amount computes to less than the statutory
				minimum, the additional benefits paid shall not increase that individual's
				maximum benefit amount.
(b) If the
				individual is partially unemployed, the amount of benefits computed and paid to
				the individual will be the difference between the statutory minimum and the
				individual's deductible income for a particular week.
(c) In cases where an individual's actual
				computed weekly benefit amount is less than the statutory minimum, and a
				penalty suspension has been imposed under IC
				22-4-15-1 or IC
				22-4-15-2, the statutory weekly
				benefit amount language, relating to the lifting of the suspension, refers to
				the individual's actual computed weekly benefit amount, not to the statutory
				minimum.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 7 - Unemployment Benefits › Section 7-4 - Backdating, cancellation, or withdrawal of claim

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 4.
Once a valid claim has been filed by an individual, during
				  the benefit period established that individual cannot cancel, withdraw, or
				  change the time of filing of the initial claim, a reopened claim, or an
				  additional claim, for any purpose, other than administrative error on the part
				  of department staff.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 8 - Separation from Employment › Section 8-1 - Partial or part-total unemployment

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 1.
(a) A
				claimant who applies for benefits due to partial or part-total unemployment is
				ineligible unless they can show that they are working less than their normal
				customarily scheduled hours for their regular employer.
(b) For purposes of this subsection, "normal
				customarily scheduled hours" means the hours to which the claimant has agreed
				to work. Any reduction in hours that regularly occurs as a matter of practice,
				policy, or procedure of which the claimant was aware and to which the claimant
				has agreed will not be considered partial or part-total unemployment.
(c) For purposes of this subsection, "regular
				employer" means an employing unit for which the claimant has performed services
				in the last twenty-six (26) weeks, except as provided under federal
				law.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 8 - Separation from Employment › Section 8-2 - Leave of absence

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-15-1; IC 22-4.1
Sec. 2.
(a) Where an
				individual takes a voluntary leave of absence, with the consent of the
				employer, it shall not constitute voluntarily leaving work without good cause
				within the meaning of IC
				22-4-15-1. However, no benefit or
				waiting period weeks may be accumulated during that period, unless the
				individual terminates the leave of absence by notifying the employer and
				becomes available for work.
(b) A
				voluntary leave of absence granted to an individual by an employer pursuant to
				the employer's rule or pursuant to terms of a collective bargaining agreement
				shall be deemed terminated on the day when the individual again becomes
				mentally and physically able to work and available for work and establishes the
				individual's ability to work and availability for work.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 8 - Separation from Employment › Section 8-3 - Voluntary quit; general

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 3.
A claimant will not be considered to have voluntarily left
				  employment for good cause in connection with the work unless it is established
				  that a reasonable individual in the same or similar circumstances would also
				  have left the employment.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 8 - Separation from Employment › Section 8-4 - Voluntary quit; good cause

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 4.
(a) A
				voluntary quit due to excessive discipline, or inappropriate comments or
				conduct by managers or coworkers, will not constitute good cause in connection
				with the work unless it is established that an individual in the same or
				similar circumstances would reasonably believe that the:
(1) conduct was severe and
				pervasive;
(2) conduct:
(A) was motivated by the claimant's:
(i) race;
(ii) age;
(iii) sex;
(iv) national origin; or
(v) religious beliefs; or other status
				protected by law;
(B)
				endangered the claimant's physical safety; or
(C) endangered the claimant's mental health;
				and
(3) claimant reported
				the conduct pursuant to the employer's procedures, if any, but no employer
				action was taken within a reasonable period of time.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 8 - Separation from Employment › Section 8-5 - Discharge; work rules

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 5.
A work rule will be found to be reasonable if it:
(1) is lawful;
(2) is related to the employer's business
				operations;
(3) is intended by the
				employer to broadly apply to classes, categories, or all employees;
(4) does not create a harsh or unconscionable
				requirement for employees.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 8 - Separation from Employment › Section 8-6 - Discharge; breach of duty

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 6.
(a) In order
				to qualify as a breach of duty for unemployment insurance purposes, the duty
				must be:
(1) reasonably connected to the
				work;
(2) reasonably owed to the
				employer by the employee; and
(3)
				of such a nature that a reasonable employee would recognize a violation of the
				duty, and would understand that such a violation of the duty would subject the
				individual to discharge.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 9 - Nonseparation Issues Related to Claims › Section 9-1 - Registration requirement; failure to register

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-14-2; IC 22-4.1
Sec. 1.
(a)
				Registration required under IC
				22-4-14-2(a)(1) 
				is accomplished through enrollment in the Indiana Career Connect (ICC)
				Database.
(b) Once a claimant files
				a claim for unemployment insurance benefits, the department will automatically
				start an account for the claimant in ICC, based on the information the claimant
				entered for their Uplink account.
(c) The claimant should then log into ICC,
				using the login information from the filing of their claim, and complete his or
				her profile and create a resume. The claimant can also upload an existing
				resume.
(d) If for some reason a
				claimant fails to become registered within ten (10) days of filing an initial
				claim for benefits, the claimant will be denied unemployment insurance
				benefits. The claimant will not be eligible for benefits until the requirement
				has been completely met.
(e) If a
				claimant has a work search waiver, which includes department approved training,
				a return to work date of sixty (60) days or less, or is an active member of a
				union hiring hall, the claimant does not have to be registered in ICC, and does
				not have to report their work search efforts each week. However, they are still
				required to complete a weekly online voucher.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 9 - Nonseparation Issues Related to Claims › Section 9-2 - Reporting requirements

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 2.
(a) A
				claimant is not eligible for benefits in any week unless the claimant:
(1) has filed a claim for benefits;
(2) reports to the department each week that
				the claimant continues to meet all eligibility requirements; and
(3) has responded completely to all inquiries
				from the department.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 9 - Nonseparation Issues Related to Claims › Section 9-3.2 - Notification to claimants of requirement to be actively seeking work

Current through July 10, 2024
Authority: IC 22-4-14-3; IC 22-4-18-1; IC 22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 3.2.
(a) Except
				for activities which the department will verify under 646 IAC 5-9-3.1(a)(3)(A),
				(C), (F), (G), and (I)
[section 3.1(a)(3)(A), 3.1(a)(3)(C),
				3.1(a)(3)(F), 3.1(a)(3)(G), and 3.1(a)(3)(I) of this rule]
, for a
				period of six (6) months following the week in which the work search activities
				occurred, the claimant must keep a detailed record of his or her weekly work
				search activities so that the department can verify the activity for an audit
				or eligibility review. A detailed record includes the following information:
(1) the date of the activity;
(2) the name of the employer, event host,
				organizer, platform, or other identifying information, such as a job reference
				number;
(3) contact information,
				such as the employer's mailing address, phone number, email address, or website
				address, and name of the person contacted if available;
(4) details of the position for which the
				claimant applied or activity in which the claimant participated;
(5) method of contact or
				participation;
(6) confirmation of
				claimant's contact or participation; and
(7) results of the contact or
				participation.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 9 - Nonseparation Issues Related to Claims › Section 9-4 - Report of job search

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 4.
A claimant must report on the claimant's work search on a
				  weekly basis via submission of the online claim form, or in any other manner as
				  required by the department.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 9 - Nonseparation Issues Related to Claims › Section 9-5 - Suitable work

Current through July 10, 2024
Authority: IC 22-4-14-3; IC 22-4-18-1; IC 22-4.1-3-3
Affected: IC 22-4-15-2; IC 22-4.1
Sec. 5.
(a) For
				purposes of this section, the department will determine whether work is
				suitable on a case-by-case basis pursuant to the criteria set forth in IC
				22-4-15-2.
(b) In order to maintain
				benefit eligibility, when the department directs, a claimant must apply for any
				available position.
(c) Suitable
				work must be accepted, if the offer is received by an individual at any time
				after their separation from employment.
(d) Failure to accept suitable work, without
				good cause, will result in the individual being ineligible for
				benefits.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 10 - Appellate Procedure › Section 10-1 - Conduct of claims adjudicators

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 1.
Claims adjudicators are to observe standards of conduct
				  consistent with their position. These standards include, but are not limited
				  to, the following:
(1) Upholding the
				integrity of the department.
(2)
				Complying with statutory confidentiality provisions.
(3) Avoiding impropriety or the appearance of
				impropriety in all activities.
(4)
				Performing the duties of their position diligently and impartially.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 10 - Appellate Procedure › Section 10-2 - Request for hearing before administrative law judge; notice of hearing

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 2.
(a) Any
				interested party in the claim of an employee shall be entitled to a hearing
				before an administrative law judge relative to the merits of the
				claim.
(b) "Interested party" means
				the following:
(1) The claimant who filed the
				claim for benefits.
(2) Any
				employer whose account may be affected by the adjudication of the
				claim.
(3) Any employer in the
				claimant's base period.
(4) Any
				employer:
(A) who has made an offer of work
				to the claimant; or
(B) to whose
				employment the claimant has been furnished a referral.
(5) The claimant's last, separating employer
				prior to the filing of the claim.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 10 - Appellate Procedure › Section 10-3 - Location of administrative hearings

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 3.
All hearings held before an administrative law judge shall
				  be held by telephone, unless otherwise directed by the commissioner, the
				  commissioner's designee, or the administrative law judge having jurisdiction
				  over the case, or as otherwise provided in this article.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 10 - Appellate Procedure › Section 10-4 - Administrative law judges

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-17-15; IC 22-4.1
Sec. 4.
(a) All
				administrative law judges shall be:
(1)
				admitted to the practice of law in the state of Indiana; and
(2) a member in good standing of the Indiana
				Bar.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 10 - Appellate Procedure › Section 10-5 - Conduct in hearings before administrative law judges

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 5.
(a) All
				hearings shall be conducted informally in order to determine the substantial
				rights of the parties. The parties may present evidence as the administrative
				law judge deems necessary for determining the substantial rights of the
				parties. The parties to the appeal may appear for themselves, by attorney, or
				by duly authorized agent or representative, under section 18 of this rule, and
				shall have the right to examine their own witnesses, present evidence, and
				cross-examine witnesses of the opposing party. An administrative law judge:
(1) shall have the right to examine all
				witnesses;
(2) may require the
				parties to produce any available evidence that the parties deem necessary for a
				proper determination of the case; and
(3) where either party fails to appear, or
				where either party is not represented by an attorney or duly authorized agent,
				shall have the duty to examine the party's witnesses, and to cross-examine all
				witnesses of the other party, in order to ensure complete presentation of the
				case.
In general, the Indiana Rules of Trial Procedure and the
				  Indiana Rules of Evidence shall govern proceedings before an administrative law
				  judge or the review board.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 10 - Appellate Procedure › Section 10-6 - Continuances; dismissals

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 6.
(a) An
				administrative law judge or the review board may continue any hearing upon its
				own motion, or upon request by any party to the appeal. The request must be
				received not later than three (3) days before the date of the hearing, unless
				the requesting party can demonstrate an unforeseen emergency. The request must
				set forth good cause for the granting of the request. A copy of the request
				must be served upon all parties to the hearing. A request for a continuance of
				a hearing pending before an administrative law judge shall be filed with that
				administrative law judge. A request for a continuance of a hearing pending
				before the review board shall be filed with the chairperson of the review
				board.
(b) Requests for
				continuances for cases pending longer than sixty (60) days from the filing date
				of the appeal will not be granted, unless the requesting party can demonstrate
				an unforeseen emergency.
(c) If the
				appealing party in a hearing pending before an administrative law judge or the
				review board fails to appear for a scheduled hearing, after having received due
				notice, the administrative law judge or the review board shall dismiss the
				appeal, and the underlying, appealed determination shall be deemed final,
				unless the appeal is reinstated pursuant to the provisions of this
				rule.
(d) An administrative law
				judge, or the review board, may, in their discretion, dismiss any appeal that
				in their judgment has been abandoned by all interested parties, and the
				underlying, appealed determination of eligibility, or administrative law judge
				decision, shall be deemed final, unless the appeal is reinstated pursuant to
				the provisions of this rule.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 10 - Appellate Procedure › Section 10-7 - Withdrawal of appeal

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 7.
(a) A party
				appealing an initial determination of a deputy, or a party appealing a decision
				of an administrative law judge, may withdraw the appeal by written request. For
				an appeal pending before an administrative law judge, the request shall be
				filed with the presiding administrative law judge. For an appeal pending before
				the review board, the request shall be filed with the chairperson of the review
				board. If the request is approved, the underlying determination, or decision,
				shall become final.
(b) After an
				appeal has been withdrawn, the appealing party may file a request for
				reinstatement of the appeal within seven (7) days after the date the notice of
				withdrawal was sent. For an appeal before an administrative law judge, the
				request shall be filed with the director of unemployment insurance appeals, or
				the director's designee. For an appeal pending before the review board, the
				request shall be filed with the chairperson of the review board, or the
				chairperson's designee. The request for reinstatement must show good cause for
				the reinstatement, and will be granted or denied at the discretion of the
				director of unemployment insurance appeals, or the director's designee, or the
				chairperson of the review board, or the chairperson's designee, depending upon
				the level of the appeal. No appeal shall be reinstated more than once after a
				withdrawal.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 10 - Appellate Procedure › Section 10-8 - Decision of administrative law judge

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 8.
The decision of an administrative law judge shall contain
				  conclusions of law that are supported by specific findings of fact. The
				  decision shall be:
(1) in
				writing;
(2) electronically signed
				by the administrative law judge; and
(3) sent to:
(A) the named parties; and
(B) their designated representatives or
				attorneys.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 10 - Appellate Procedure › Section 10-9 - Request for appeal to the review board

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 9.
Within fifteen (15) days after the date an administrative
				  law judge's decision was sent, the adversely affected party may appeal the
				  decision to the review board. The appeal shall be filed pursuant to the
				  instructions set forth on the face of the administrative law judge decision.
				  The review board may, in its discretion:
(1) hold a hearing on the matter appealed;
				or
(2) review the record from the
				administrative law judge hearing and issue their decision based upon that
				review.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 10 - Appellate Procedure › Section 10-10 - Conduct of members of the review board

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 10.
(a) Review
				board members are expected to observe standards of conduct consistent with
				their position. These standards include, but are not limited to, the following:
(1) Upholding the integrity of the
				department.
(2) Avoiding
				impropriety or the appearance of impropriety in all activities.
(3) Performing the duties of the office
				diligently and impartially.