12- 172 C.M.R. ch. 3, § 2 - Benefits for partial unemployment, as to claimants and employers
A. With respect to a partially unemployed
individual whose wages are paid on a weekly basis, a week of partial
unemployment shall be deemed to be that calendar week which includes the major
part of his regular payroll week, and wages reported for the payroll week shall
be considered as earned in such calendar week. Wages of partially unemployed
individuals who are paid on other than a weekly basis shall be reported for the
calendar week involved.
B. Each
employing unit, immediately following the close of a week during which any
individual customarily employed full time in its employ worked less than
full-time hours and did not earn $5 or more in excess of his weekly benefit
amount due to lack of work, or, while not having been affirmatively terminated,
performed no services and earned no wages for a period of one calendar week due
to lack of work, shall give such individual a claim form properly filled out,
and thereafter if no employment is available the employing unit shall issue
instructions to the worker for making application for total benefits. If the
employing unit is not cognizant of an employee's weekly benefit amount, the
claim form should be issued for the first week of less than full-time work in
the employee's benefit year in order that a determination of the employee's
rights may be made and the employing unit and the employee duly notified.
Pending receipt of notice of the employee's benefit rights, the employing unit
shall issue the claim form for each week of less than full-time work.
1. Issuance of the claim form to individuals
for limited periods of more than one consecutive calendar week of performing no
services and earning no wages while not having been affirmatively terminated
may be authorized by the Bureau of Unemployment Compensation upon specific
request from the employing unit due to temporary shut down of operations at the
employing establishment.
C. Whenever an employing unit has workers
partially unemployed because of lack of work, it shall make available to such
workers .printed notices as to partial benefit rights as provided by the
bureau.
D. A claim form issued by
an employing unit in accordance with subsection (B), when filed with the bureau
shall constitute an individual's notice of partial unemployment and
registration for work and his claim for benefits for any past compensable weeks
of partial unemployment covered by the claim, provided that such claim shall be
filed within 4 weeks from the week covered by such claim; but in no case shall
an individual have less than 14 days from the date wages are paid in which to
file such claim; provided, however, that a claim form covering a week of no
employment and no wages shall be filed by the claimant by mail in accordance
with subsection G of Rule 3(1) or at another location authorized by the bureau
within 10 days following the end of such week, except that a claimant returning
to full-time work may file such claim by mail within 10 days of commencing
work.
1. However, failure by a claimant to
file a claim for partial benefits, within the time specified in subsection (D),
shall not constitute basis for denial of benefits, provided the claimant shows
good cause for such failure. Good cause shall also be deemed to exist due to
failure on the part of the employing unit to comply with verification or other
requirements relating to partial unemployment, to coercion or intimidation
exercised by the employing unit to prevent the prompt filing of a claim for
partial unemployment, or to failure by the bureau to discharge its
responsibilities in connection with partial unemployment.
E. Claims for partial benefits with earning,
prepared and certified by employing units, may be made by mail.
1. A claimant partially unemployed, who has
not filed a previous claim during his benefit year, must file in accordance
with the provisions of section 1(J).
F. To be eligible for partial benefits for
any week, a claimant's reduced hours and earnings for such week must have been
caused by lack of suitable work with his regular employing unit and in
addition, a claimant must have been able to work and available for work during
the entire week for which partial benefits are claimed, except as provided in
subsection 3 of section 1192, and subsection 3 of section 1193, of the
Employment Security Law.
G. The
claimant may be required to present for inspection all pay envelopes or other
evidence such as check stubs covering earnings from all employers for the week
for which a claim is being filed.
Notes
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