[§383-29.7]  Partial unemployment; claimfiling requirements, determinations.  [Section repealed July 1, 2012.  L2009, c 170, §7]  (a)  Claims for partial unemployment shall befiled according to section 383-32.  For partially unemployed individuals, a newclaim may be taken within twenty-eight days from the week-ending date of thefirst week of partial unemployment for which the claim is filed; provided thatan individual shall not be required to file a claim earlier than two weeks fromthe date wages are paid for the claim period.

(b)  Continued claim certifications for partialbenefits shall be filed as follows:

(1)  An individual may file a continued claimcertification for partial unemployment benefits in person, by mail, bytelephone, or by using other alternative claim filing procedures as instructedor authorized by the department and in the manner prescribed by the departmentwith respect to each week of the individual's partial unemployment.  A continued claim certification shall be filedin the same manner as prescribed in rules of the department for continued claimcertifications for total or part-total unemployment benefits and not later thantwenty-eight days from the end of the week for which the individual claimsbenefits; provided that an individual shall not be required to file a continuedclaim certification earlier than two weeks from the date wages are paid for aclaim period.

(2)  If, after a week of partial unemployment, eightor fewer consecutive weeks of total unemployment follow the week of partialunemployment, the weeks of total unemployment may be deemed weeks of partialunemployment.  However, if total unemployment extends beyond eight consecutiveweeks, the individual shall be deemed totally unemployed.

(3)  Notwithstanding paragraph (2), the department mayextend partial unemployment beyond eight consecutive weeks of total unemploymentunder conditions including but not limited to:

(A)  The individual is retained in an employer-employeerelationship;

(B)  The individual is under obligation toreserve services for the employer; and

(C)  The individual has a definite orreasonably imminent return to work date. [L 2009, c 170, pt of §2]