§383-29.7 - Partial unemployment; claim filing requirements, determinations.

[§383-29.7] Partial unemployment; claim
filing requirements, determinations. [Section repealed July 1, 2012. L
2009, c 170, §7] (a) Claims for partial unemployment shall be
filed according to section 383-32. For partially unemployed individuals, a new
claim may be taken within twenty-eight days from the week-ending date of the
first week of partial unemployment for which the claim is filed; provided that
an individual shall not be required to file a claim earlier than two weeks from
the date wages are paid for the claim period.

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

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

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

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

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

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