State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter48 > 48-628_03

48-628.03. Extended benefits; eligibility;seek or accept suitable work; suitable work, defined.(1)An individual shall be ineligible for payment of extended benefits for anyweek of unemployment in his or her eligibility period if the commissionerfinds that during such period (a) he or she failed to accept any offer ofsuitable work or failed to apply for any suitable work to which he or shewas referred by the commissioner or (b) he or she failed to actively engagein seeking work as prescribed under subsection (5) of this section.(2) Any individual who has been found ineligible for extended benefitsby reason of subsection (1) of this section shall also be denied benefitsbeginning with the first day of the week following the week in which suchfailure occurred and until heor she (a) hasbeen employed in each of four subsequent weeks, whether or not consecutive,and (b) has earned remuneration equal to not less than four times the extendedweekly benefit amount.(3) For purposes of this section, the term suitable work shall mean,with respect to any individual, any work which is within such individual'scapabilities and for which the gross average weekly remuneration payable forthe work exceeds the sum of the individual's average weekly benefit amount payableto him or her during his or her applicable benefit year, plusthe amount, if any, of supplemental unemployment compensation benefits as defined in section501(c)(17)(D) of the Internal Revenue Code payable to such individual forsuch week. Such work must also pay wages equal to the higher of the federalminimum wage or the applicable state or local minimum wage. No individualshall be denied extended benefits for failure to accept an offer or referralto any job which meets the definition of suitability contained in this subsectionif (a) the position was not offered to such individual in writing or was notlisted with the employment service, (b) such failure could not result in adenial of benefits under the definition of suitable work for regular benefitclaimants in subdivision (3) of section 48-628, to the extent that the criteriaof suitability in that section are not inconsistent with the provisions ofthis subsection, or (c) the individual furnishes satisfactory evidence tothe commissioner that his or her prospects for obtaining work in his or hercustomary occupation within a reasonably short period are good. If such evidenceis deemed satisfactory for this purpose, the determination of whether anywork is suitable with respect to such individual shall be made in accordancewith the definition of suitable work in subdivision (3) of section 48-628without regard to the definition specified by this subsection.(4) Notwithstanding the provisions of subsection (3) of this sectionto the contrary, no work shall be deemed to be suitable work for an individualwhich does not accord with the labor standard provisions set forth under subdivision(3)(c) of section 48-628, nor shall an individual be denied benefits if suchbenefits would be deniable by reason of the provision set forth in subdivision(3)(d) of section 48-628.(5) For the purposes of subsection (1) of this section, an individualshall be treated as actively engaged in seeking work during any week if theindividual has engaged in a systematic and sustained effort to obtain workduring such week and the individual furnishes tangible evidence that he orshe has engaged in such effort during such week.(6) The state employment service shall refer any claimant entitled toextended benefits under this section to any suitable work which meets thecriteria prescribed in subsection (3) of this section.(7) An individual shall not be eligible to receive extended benefitswith respect to any week of unemployment in his or her eligibility periodif such individual has been disqualified for benefits under subdivision (1),(2), or (3) of section 48-628 unless such individual has earned wages forservices performed in subsequent employment in an amount not less than fourhundred dollars. SourceLaws 1981, LB 470, § 5; Laws 1982, LB 801, § 4; Laws 1993, LB 47, § 1; Laws 1995, LB 1, § 10; Laws 1995, LB 574, § 53; Laws 2000, LB 953, § 8; Laws 2010, LB1055, § 2.