(a) An unemployedindividual shall be eligible to receive benefits with respect to any week onlyif the Commission finds that ‑
(1) The individual hasregistered for work at and thereafter has continued to report at an employmentoffice as directed by the Commission in accordance with such regulations as theCommission may prescribe;
(2) The individual hasmade a claim for benefits in accordance with the provisions of G.S. 96‑15(a);
(3) The individual isable to work, and is available for work: Provided that, unless temporarilyexcused by Commission regulations, no individual shall be deemed available forwork unless he establishes to the satisfaction of the Commission that he isactively seeking work: Provided further, that an individual customarilyemployed in seasonal employment shall, during the period of nonseasonaloperations, show to the satisfaction of the Commission that such individual isactively seeking employment which such individual is qualified to perform bypast experience or training during such nonseasonal period: Provided further,however, that no individual shall be considered available for work for any weeknot to exceed two in any calendar year in which the Commission finds that hisunemployment is due to a vacation. In administering this proviso, benefitsshall be paid or denied on a payroll‑week basis as established by theemploying unit. A week of unemployment due to a vacation as provided hereinmeans any payroll week within which the equivalent of three customary full‑timeworking days consist of a vacation period. For the purpose of this subdivision,any unemployment which is caused by a vacation period and which occurs in thecalendar year following that within which the vacation period begins shall bedeemed to have occurred in the calendar year within which such vacation periodbegins. For purposes of this subdivision, no individual shall be deemedavailable for work during any week that the individual tests positive for acontrolled substance if (i) the test is a controlled substance examinationadministered under Article 20 of Chapter 95 of the General Statutes, (ii) thetest is required as a condition of hire for a job, and (iii) the job would besuitable work for the claimant. The employer shall report to the Commission, inaccordance with regulations adopted by the Commission, each claimant that testspositive for a controlled substance under this subdivision. An unemployedindividual shall not be disqualified for eligibility for unemploymentcompensation solely on the basis that the individual is in school.
(4) No individual shallbe deemed able to work under this subsection during any week for which thatperson is receiving or is applying for benefits under any other State orfederal law based on his temporary total or permanent total disability.Provided that if compensation is denied to any individual for any week underthe foregoing sentence and such individual is later determined not to betotally disabled, such individual shall be entitled to a retroactive payment ofthe compensation for each week for which the individual filed a timely claimfor compensation and for which the compensation was denied solely by reason ofthe foregoing sentence.
(5) The individual hasparticipated in reemployment services, if the Division referred the individualto these services after determining, through use of a worker profiling system,that the individual would likely exhaust regular benefits and would needreemployment services to make a successful transition to new employment, unlessthe individual establishes justifiable cause for failing to participate in theservices.
(6) Notwithstanding anyother provisions of this Chapter, an unemployed individual shall not beineligible for unemployment compensation benefits under any provision of theEmployment Security Law relating to availability for work, active search forwork, or refusal to accept work solely because the individual is seeking onlypart‑time work as defined in G.S. 96‑8(29), provided that amajority of weeks of work in the individual's base period include part‑timework.
(b) (1) Thepayment of benefits to any individual based on services for nonprofitorganizations, hospitals, or State hospitals and State institutions of highereducation, other institutions of higher education, or secondary schools andsubdivisions of secondary schools subject to this Chapter shall be in the samemanner and under the same conditions of the laws of this Chapter as applied toindividuals whose benefit rights are based on other services subject to thisChapter. Except that with respect to services in the educational institutionslisted above:
a. In an instructional,research, or principal administrative capacity, compensation shall not bepayable based on such services for any week commencing during the periodbetween two successive academic years or terms, or, when an agreement providesinstead for a similar period between two regular but not successive terms,during that period, to any individual if he performs such services in the firstof the academic years or terms and if there is a contract or reasonableassurance that the individual will perform services in any such capacity forany educational institution in the second of the academic years or terms; and,
b. In any othercapacity for an educational institution:
1. Compensation shallbe denied on the basis of such services for any week which commences during aperiod between two successive academic years or terms if the individualperforms such services in the first of the academic years or terms and there isa reasonable assurance that the individual will perform such services in thesecond of the academic years or terms, except that
2. If compensation isdenied to any individual for any week under subclause 1 and the individual wasnot offered an opportunity to perform such services for the educationalinstitution for the second of the academic years or terms, the individual shallbe entitled to a retroactive payment of the compensation for each week for whichthe individual filed a timely claim for compensation and for which compensationwas denied solely by reason of subclause 1; and,
c. With respect to anyservices described in clause a or b, compensation payable on the basis of suchservices shall be denied to any individual for any week which commences duringan established and customary vacation period or holiday recess, and there is areasonable assurance that such individual will perform such services in theperiod immediately following the vacation period or holiday recess; and,
d. With respect to anyservices described in clause a or b, compensation on the basis of services inany such capacity shall be denied as specified in clauses a, b, and c. to anyindividual who performed such services in an educational institution while inthe employ of an educational service agency, and for this purpose the term"educational service agency" means a governmental agency orgovernmental entity which is established and operated exclusively for the purposeof providing such services to one or more educational institutions; and,
e. With respect to anyservices to which G.S. 96‑13(b)(1) applies, if such services are providedto or on behalf of an educational institution, compensation shall be deniedunder the same circumstances as described in clauses a through d.
(2) Repealed by SessionLaws 1983, c. 625, s. 5.
(c) Beginning February16, 1977, an unemployed individual shall be eligible to receive benefits withrespect to any week only if the Commission finds that he has been totally,partially, or part‑totally unemployed for a waiting period of one weekwith respect to each benefit year. No week shall be counted as a week ofunemployment for waiting‑period credit under this provision unless theclaimant except for the provisions of this subdivision was otherwise eligiblefor benefits. As to claims filed on or after September 5, 1999, the waitingperiod for a benefit year shall not be required of any claimant if all of thefollowing conditions are met:
(1) The benefits are tobe paid for unemployment due directly to a major natural disaster.
(2) The President of theUnited States has declared the disaster pursuant to the Disaster Relief Act of1970, 42 U.S.C.A. 4401, et seq.
(3) The benefits are tobe paid to claimants who would have been eligible for disaster unemploymentassistance if they had not been eligible to receive unemployment insurancebenefits with respect to that unemployment.
(4) The claimant filesfor a waiver of the waiting period week within 30 days after the date ofnotification or mailing of the notice of the right to have the waiting periodweek waived. The Employment Security Commission, for good cause shown, may atany time in its discretion, with or without motion or notice, order the periodenlarged if the request for an enlargement of time is made before theexpiration of the period originally prescribed or as extended by a previousorder. After expiration of the specified period, the Employment SecurityCommission may permit the act to be done where the failure to act was a resultof excusable neglect.
The benefits paid as a result ofthe waiver of the waiting period week shall not be charged to the account oraccounts of the base period employer or employers in accordance with G.S. 96‑9(c)(2)d.The Employment Security Commission shall implement regulations prescribing theprocedure for the waiver of the waiting period week in accordance with G.S. 96‑4(b).
(c1) As to claims filedon or after January 29, 2003, the waiting period for a benefit year shall notbe required of a claimant if all of the following conditions are met:
(1) The benefits are tobe paid for unemployment due directly to a major industrial disaster thatdestroys substantially all of the physical facilities of a manufacturing plant.
(2) The Governor hasacknowledged the disaster through the creation of such task forces as areneeded to coordinate State assistance to the manufacturer and its employees.
(3) The Governor hasissued an Executive Order directing and authorizing the Employment SecurityCommission to waive the waiting week for employees of the manufacturer.
(4) The EmploymentSecurity Commission shall implement regulations prescribing the procedure forthe waiver of the waiting period week in accordance with G.S. 96‑4(b).
(d) Benefit entitlementbased on services for governmental entities that become subject to EmploymentSecurity Commission law effective January 1, 1978, will be administered in thesame manner and under the same conditions of the laws of this Chapter as are applicableto individuals whose benefit rights are based on other service subject to thisChapter.
(e) Benefits shall notbe payable to any individual on the basis of any services, substantially all ofwhich consist of participating in sports or athletic events or training orpreparing to so participate, for any week which commences during the periodbetween two successive sport seasons (or similar periods) if such individualperforms such services in the first of such seasons (or similar periods) andthere is a reasonable assurance that such individual will perform such servicesin the latter of such seasons (or similar periods).
(f) (1) Benefitsshall not be payable on the basis of services performed by an alien unless suchalien is an individual who was lawfully admitted for permanent residence at thetime such services were performed, or otherwise was permanently residing in theUnited States under color of law at the time such services were performed, orwas lawfully present for purposes of performing such services (including analien who is lawfully present in the United States as a result of theapplication of the provisions of section 203 (a)(7) or section 212 (d)(5) ofthe Immigration and Nationality Act). Any data or information required ofindividuals applying for benefits to determine whether benefits are not payableto them because of their alien status shall be uniformly required from allapplicants for benefits. In the case of an individual whose application forbenefits would otherwise be approved, no determination that compensation tosuch individual is not payable because of his alien status shall be made exceptupon a preponderance of the evidence.
(2) An individual who isnot a citizen or national of the United States shall not be deemed availablefor work under subsection (a)(3) of this section unless the individual is insatisfactory immigration status under the laws administered by the UnitedStates Department of Justice, Immigration and Naturalization Service.
(g) (1) Exceptas herein provided, no individual shall be eligible for benefits for any weekduring any part of which the Commission finds that work was not available tothe individual because he had been placed on a bona fide disciplinarysuspension by his employer. To be bona fide, a disciplinary suspension must bebased on acts or omissions which constitute fault on the part of the employeeand are connected with the work but such acts or omissions need not alone bedisqualifying under G.S. 96‑14.
(2) Ineligibilitypursuant to the preceding paragraph based on a single disciplinary suspensionshall not be imposed for any claims week beginning after the tenth consecutivecalendar day of the suspension. If at the time a claim is filed for such a weekthe individual is still so suspended, the individual shall be deemed to havebeen discharged from his work because of all the acts or omissions that causedhis suspension and the issue of whether that discharge was for disqualifyingreasons under G.S. 96‑14 shall then be adjudicated pursuant to G.S. 96‑15.
(3) Any individual whofiles a claim for benefits for a week with respect to which he is ineligibleunder this subsection is deemed to be attached to his employer's payroll andany issue concerning separation from work that may be present under G.S. 96‑14shall be held in abeyance until such time as a claim is filed for a week towhich this subsection does not apply. (Ex. Sess. 1936, c. 1, s. 4; 1939, c. 27, ss. 4, 5;c. 141; 1941, c. 108, s. 2; 1943, c. 377, s. 5; 1945, c. 522, ss. 27‑28;1947, c. 326, s. 22; 1949, c. 424, s. 22; 1951, c. 332, s. 13; 1961, c. 454, s.19; 1965, c. 795, ss. 17, 18; 1969, c. 575, ss. 10, 11; 1971, c. 673, ss. 27,28; 1973, c. 172, s. 6; 1975, c. 2, s. 6; c. 8, ss. 1, 2; c. 226, ss. 1, 2;1977, c. 727, s. 53; 1979, c. 660, ss. 20, 21, 29‑31; 1981, c. 160, ss.24, 25; c. 883; 1983, c. 585, s. 17; c. 625, ss. 2‑5; 1985, c. 53; c.197, ss. 4, 5; c. 552, ss. 10, 11; c. 616, s. 2; 1989, c. 707, s. 3; c. 770, s.22; 1991, c. 423, s. 1; 1993 (Reg. Sess., 1994), c. 680, s. 5; 1995, c. 270, s.1; c. 284, s. 1; 1997‑398, s. 5; 1997‑456, s.27; 1999‑463,Ex. Sess., s. 7; 2003‑1, s. 1; 2003‑220, s. 5; 2005‑410, s.1; 2009‑301, s. 2.)
(a) An unemployedindividual shall be eligible to receive benefits with respect to any week onlyif the Commission finds that ‑
(1) The individual hasregistered for work at and thereafter has continued to report at an employmentoffice as directed by the Commission in accordance with such regulations as theCommission may prescribe;
(2) The individual hasmade a claim for benefits in accordance with the provisions of G.S. 96‑15(a);
(3) The individual isable to work, and is available for work: Provided that, unless temporarilyexcused by Commission regulations, no individual shall be deemed available forwork unless he establishes to the satisfaction of the Commission that he isactively seeking work: Provided further, that an individual customarilyemployed in seasonal employment shall, during the period of nonseasonaloperations, show to the satisfaction of the Commission that such individual isactively seeking employment which such individual is qualified to perform bypast experience or training during such nonseasonal period: Provided further,however, that no individual shall be considered available for work for any weeknot to exceed two in any calendar year in which the Commission finds that hisunemployment is due to a vacation. In administering this proviso, benefitsshall be paid or denied on a payroll‑week basis as established by theemploying unit. A week of unemployment due to a vacation as provided hereinmeans any payroll week within which the equivalent of three customary full‑timeworking days consist of a vacation period. For the purpose of this subdivision,any unemployment which is caused by a vacation period and which occurs in thecalendar year following that within which the vacation period begins shall bedeemed to have occurred in the calendar year within which such vacation periodbegins. For purposes of this subdivision, no individual shall be deemedavailable for work during any week that the individual tests positive for acontrolled substance if (i) the test is a controlled substance examinationadministered under Article 20 of Chapter 95 of the General Statutes, (ii) thetest is required as a condition of hire for a job, and (iii) the job would besuitable work for the claimant. The employer shall report to the Commission, inaccordance with regulations adopted by the Commission, each claimant that testspositive for a controlled substance under this subdivision. An unemployedindividual shall not be disqualified for eligibility for unemploymentcompensation solely on the basis that the individual is in school.
(4) No individual shallbe deemed able to work under this subsection during any week for which thatperson is receiving or is applying for benefits under any other State orfederal law based on his temporary total or permanent total disability.Provided that if compensation is denied to any individual for any week underthe foregoing sentence and such individual is later determined not to betotally disabled, such individual shall be entitled to a retroactive payment ofthe compensation for each week for which the individual filed a timely claimfor compensation and for which the compensation was denied solely by reason ofthe foregoing sentence.
(5) The individual hasparticipated in reemployment services, if the Division referred the individualto these services after determining, through use of a worker profiling system,that the individual would likely exhaust regular benefits and would needreemployment services to make a successful transition to new employment, unlessthe individual establishes justifiable cause for failing to participate in theservices.
(6) Notwithstanding anyother provisions of this Chapter, an unemployed individual shall not beineligible for unemployment compensation benefits under any provision of theEmployment Security Law relating to availability for work, active search forwork, or refusal to accept work solely because the individual is seeking onlypart‑time work as defined in G.S. 96‑8(29), provided that amajority of weeks of work in the individual's base period include part‑timework.
(b) (1) Thepayment of benefits to any individual based on services for nonprofitorganizations, hospitals, or State hospitals and State institutions of highereducation, other institutions of higher education, or secondary schools andsubdivisions of secondary schools subject to this Chapter shall be in the samemanner and under the same conditions of the laws of this Chapter as applied toindividuals whose benefit rights are based on other services subject to thisChapter. Except that with respect to services in the educational institutionslisted above:
a. In an instructional,research, or principal administrative capacity, compensation shall not bepayable based on such services for any week commencing during the periodbetween two successive academic years or terms, or, when an agreement providesinstead for a similar period between two regular but not successive terms,during that period, to any individual if he performs such services in the firstof the academic years or terms and if there is a contract or reasonableassurance that the individual will perform services in any such capacity forany educational institution in the second of the academic years or terms; and,
b. In any othercapacity for an educational institution:
1. Compensation shallbe denied on the basis of such services for any week which commences during aperiod between two successive academic years or terms if the individualperforms such services in the first of the academic years or terms and there isa reasonable assurance that the individual will perform such services in thesecond of the academic years or terms, except that
2. If compensation isdenied to any individual for any week under subclause 1 and the individual wasnot offered an opportunity to perform such services for the educationalinstitution for the second of the academic years or terms, the individual shallbe entitled to a retroactive payment of the compensation for each week for whichthe individual filed a timely claim for compensation and for which compensationwas denied solely by reason of subclause 1; and,
c. With respect to anyservices described in clause a or b, compensation payable on the basis of suchservices shall be denied to any individual for any week which commences duringan established and customary vacation period or holiday recess, and there is areasonable assurance that such individual will perform such services in theperiod immediately following the vacation period or holiday recess; and,
d. With respect to anyservices described in clause a or b, compensation on the basis of services inany such capacity shall be denied as specified in clauses a, b, and c. to anyindividual who performed such services in an educational institution while inthe employ of an educational service agency, and for this purpose the term"educational service agency" means a governmental agency orgovernmental entity which is established and operated exclusively for the purposeof providing such services to one or more educational institutions; and,
e. With respect to anyservices to which G.S. 96‑13(b)(1) applies, if such services are providedto or on behalf of an educational institution, compensation shall be deniedunder the same circumstances as described in clauses a through d.
(2) Repealed by SessionLaws 1983, c. 625, s. 5.
(c) Beginning February16, 1977, an unemployed individual shall be eligible to receive benefits withrespect to any week only if the Commission finds that he has been totally,partially, or part‑totally unemployed for a waiting period of one weekwith respect to each benefit year. No week shall be counted as a week ofunemployment for waiting‑period credit under this provision unless theclaimant except for the provisions of this subdivision was otherwise eligiblefor benefits. As to claims filed on or after September 5, 1999, the waitingperiod for a benefit year shall not be required of any claimant if all of thefollowing conditions are met:
(1) The benefits are tobe paid for unemployment due directly to a major natural disaster.
(2) The President of theUnited States has declared the disaster pursuant to the Disaster Relief Act of1970, 42 U.S.C.A. 4401, et seq.
(3) The benefits are tobe paid to claimants who would have been eligible for disaster unemploymentassistance if they had not been eligible to receive unemployment insurancebenefits with respect to that unemployment.
(4) The claimant filesfor a waiver of the waiting period week within 30 days after the date ofnotification or mailing of the notice of the right to have the waiting periodweek waived. The Employment Security Commission, for good cause shown, may atany time in its discretion, with or without motion or notice, order the periodenlarged if the request for an enlargement of time is made before theexpiration of the period originally prescribed or as extended by a previousorder. After expiration of the specified period, the Employment SecurityCommission may permit the act to be done where the failure to act was a resultof excusable neglect.
The benefits paid as a result ofthe waiver of the waiting period week shall not be charged to the account oraccounts of the base period employer or employers in accordance with G.S. 96‑9(c)(2)d.The Employment Security Commission shall implement regulations prescribing theprocedure for the waiver of the waiting period week in accordance with G.S. 96‑4(b).
(c1) As to claims filedon or after January 29, 2003, the waiting period for a benefit year shall notbe required of a claimant if all of the following conditions are met:
(1) The benefits are tobe paid for unemployment due directly to a major industrial disaster thatdestroys substantially all of the physical facilities of a manufacturing plant.
(2) The Governor hasacknowledged the disaster through the creation of such task forces as areneeded to coordinate State assistance to the manufacturer and its employees.
(3) The Governor hasissued an Executive Order directing and authorizing the Employment SecurityCommission to waive the waiting week for employees of the manufacturer.
(4) The EmploymentSecurity Commission shall implement regulations prescribing the procedure forthe waiver of the waiting period week in accordance with G.S. 96‑4(b).
(d) Benefit entitlementbased on services for governmental entities that become subject to EmploymentSecurity Commission law effective January 1, 1978, will be administered in thesame manner and under the same conditions of the laws of this Chapter as are applicableto individuals whose benefit rights are based on other service subject to thisChapter.
(e) Benefits shall notbe payable to any individual on the basis of any services, substantially all ofwhich consist of participating in sports or athletic events or training orpreparing to so participate, for any week which commences during the periodbetween two successive sport seasons (or similar periods) if such individualperforms such services in the first of such seasons (or similar periods) andthere is a reasonable assurance that such individual will perform such servicesin the latter of such seasons (or similar periods).
(f) (1) Benefitsshall not be payable on the basis of services performed by an alien unless suchalien is an individual who was lawfully admitted for permanent residence at thetime such services were performed, or otherwise was permanently residing in theUnited States under color of law at the time such services were performed, orwas lawfully present for purposes of performing such services (including analien who is lawfully present in the United States as a result of theapplication of the provisions of section 203 (a)(7) or section 212 (d)(5) ofthe Immigration and Nationality Act). Any data or information required ofindividuals applying for benefits to determine whether benefits are not payableto them because of their alien status shall be uniformly required from allapplicants for benefits. In the case of an individual whose application forbenefits would otherwise be approved, no determination that compensation tosuch individual is not payable because of his alien status shall be made exceptupon a preponderance of the evidence.
(2) An individual who isnot a citizen or national of the United States shall not be deemed availablefor work under subsection (a)(3) of this section unless the individual is insatisfactory immigration status under the laws administered by the UnitedStates Department of Justice, Immigration and Naturalization Service.
(g) (1) Exceptas herein provided, no individual shall be eligible for benefits for any weekduring any part of which the Commission finds that work was not available tothe individual because he had been placed on a bona fide disciplinarysuspension by his employer. To be bona fide, a disciplinary suspension must bebased on acts or omissions which constitute fault on the part of the employeeand are connected with the work but such acts or omissions need not alone bedisqualifying under G.S. 96‑14.
(2) Ineligibilitypursuant to the preceding paragraph based on a single disciplinary suspensionshall not be imposed for any claims week beginning after the tenth consecutivecalendar day of the suspension. If at the time a claim is filed for such a weekthe individual is still so suspended, the individual shall be deemed to havebeen discharged from his work because of all the acts or omissions that causedhis suspension and the issue of whether that discharge was for disqualifyingreasons under G.S. 96‑14 shall then be adjudicated pursuant to G.S. 96‑15.
(3) Any individual whofiles a claim for benefits for a week with respect to which he is ineligibleunder this subsection is deemed to be attached to his employer's payroll andany issue concerning separation from work that may be present under G.S. 96‑14shall be held in abeyance until such time as a claim is filed for a week towhich this subsection does not apply. (Ex. Sess. 1936, c. 1, s. 4; 1939, c. 27, ss. 4, 5;c. 141; 1941, c. 108, s. 2; 1943, c. 377, s. 5; 1945, c. 522, ss. 27‑28;1947, c. 326, s. 22; 1949, c. 424, s. 22; 1951, c. 332, s. 13; 1961, c. 454, s.19; 1965, c. 795, ss. 17, 18; 1969, c. 575, ss. 10, 11; 1971, c. 673, ss. 27,28; 1973, c. 172, s. 6; 1975, c. 2, s. 6; c. 8, ss. 1, 2; c. 226, ss. 1, 2;1977, c. 727, s. 53; 1979, c. 660, ss. 20, 21, 29‑31; 1981, c. 160, ss.24, 25; c. 883; 1983, c. 585, s. 17; c. 625, ss. 2‑5; 1985, c. 53; c.197, ss. 4, 5; c. 552, ss. 10, 11; c. 616, s. 2; 1989, c. 707, s. 3; c. 770, s.22; 1991, c. 423, s. 1; 1993 (Reg. Sess., 1994), c. 680, s. 5; 1995, c. 270, s.1; c. 284, s. 1; 1997‑398, s. 5; 1997‑456, s.27; 1999‑463,Ex. Sess., s. 7; 2003‑1, s. 1; 2003‑220, s. 5; 2005‑410, s.1; 2009‑301, s. 2.)
(a) An unemployedindividual shall be eligible to receive benefits with respect to any week onlyif the Commission finds that ‑
(1) The individual hasregistered for work at and thereafter has continued to report at an employmentoffice as directed by the Commission in accordance with such regulations as theCommission may prescribe;
(2) The individual hasmade a claim for benefits in accordance with the provisions of G.S. 96‑15(a);
(3) The individual isable to work, and is available for work: Provided that, unless temporarilyexcused by Commission regulations, no individual shall be deemed available forwork unless he establishes to the satisfaction of the Commission that he isactively seeking work: Provided further, that an individual customarilyemployed in seasonal employment shall, during the period of nonseasonaloperations, show to the satisfaction of the Commission that such individual isactively seeking employment which such individual is qualified to perform bypast experience or training during such nonseasonal period: Provided further,however, that no individual shall be considered available for work for any weeknot to exceed two in any calendar year in which the Commission finds that hisunemployment is due to a vacation. In administering this proviso, benefitsshall be paid or denied on a payroll‑week basis as established by theemploying unit. A week of unemployment due to a vacation as provided hereinmeans any payroll week within which the equivalent of three customary full‑timeworking days consist of a vacation period. For the purpose of this subdivision,any unemployment which is caused by a vacation period and which occurs in thecalendar year following that within which the vacation period begins shall bedeemed to have occurred in the calendar year within which such vacation periodbegins. For purposes of this subdivision, no individual shall be deemedavailable for work during any week that the individual tests positive for acontrolled substance if (i) the test is a controlled substance examinationadministered under Article 20 of Chapter 95 of the General Statutes, (ii) thetest is required as a condition of hire for a job, and (iii) the job would besuitable work for the claimant. The employer shall report to the Commission, inaccordance with regulations adopted by the Commission, each claimant that testspositive for a controlled substance under this subdivision. An unemployedindividual shall not be disqualified for eligibility for unemploymentcompensation solely on the basis that the individual is in school.
(4) No individual shallbe deemed able to work under this subsection during any week for which thatperson is receiving or is applying for benefits under any other State orfederal law based on his temporary total or permanent total disability.Provided that if compensation is denied to any individual for any week underthe foregoing sentence and such individual is later determined not to betotally disabled, such individual shall be entitled to a retroactive payment ofthe compensation for each week for which the individual filed a timely claimfor compensation and for which the compensation was denied solely by reason ofthe foregoing sentence.
(5) The individual hasparticipated in reemployment services, if the Division referred the individualto these services after determining, through use of a worker profiling system,that the individual would likely exhaust regular benefits and would needreemployment services to make a successful transition to new employment, unlessthe individual establishes justifiable cause for failing to participate in theservices.
(6) Notwithstanding anyother provisions of this Chapter, an unemployed individual shall not beineligible for unemployment compensation benefits under any provision of theEmployment Security Law relating to availability for work, active search forwork, or refusal to accept work solely because the individual is seeking onlypart‑time work as defined in G.S. 96‑8(29), provided that amajority of weeks of work in the individual's base period include part‑timework.
(b) (1) Thepayment of benefits to any individual based on services for nonprofitorganizations, hospitals, or State hospitals and State institutions of highereducation, other institutions of higher education, or secondary schools andsubdivisions of secondary schools subject to this Chapter shall be in the samemanner and under the same conditions of the laws of this Chapter as applied toindividuals whose benefit rights are based on other services subject to thisChapter. Except that with respect to services in the educational institutionslisted above:
a. In an instructional,research, or principal administrative capacity, compensation shall not bepayable based on such services for any week commencing during the periodbetween two successive academic years or terms, or, when an agreement providesinstead for a similar period between two regular but not successive terms,during that period, to any individual if he performs such services in the firstof the academic years or terms and if there is a contract or reasonableassurance that the individual will perform services in any such capacity forany educational institution in the second of the academic years or terms; and,
b. In any othercapacity for an educational institution:
1. Compensation shallbe denied on the basis of such services for any week which commences during aperiod between two successive academic years or terms if the individualperforms such services in the first of the academic years or terms and there isa reasonable assurance that the individual will perform such services in thesecond of the academic years or terms, except that
2. If compensation isdenied to any individual for any week under subclause 1 and the individual wasnot offered an opportunity to perform such services for the educationalinstitution for the second of the academic years or terms, the individual shallbe entitled to a retroactive payment of the compensation for each week for whichthe individual filed a timely claim for compensation and for which compensationwas denied solely by reason of subclause 1; and,
c. With respect to anyservices described in clause a or b, compensation payable on the basis of suchservices shall be denied to any individual for any week which commences duringan established and customary vacation period or holiday recess, and there is areasonable assurance that such individual will perform such services in theperiod immediately following the vacation period or holiday recess; and,
d. With respect to anyservices described in clause a or b, compensation on the basis of services inany such capacity shall be denied as specified in clauses a, b, and c. to anyindividual who performed such services in an educational institution while inthe employ of an educational service agency, and for this purpose the term"educational service agency" means a governmental agency orgovernmental entity which is established and operated exclusively for the purposeof providing such services to one or more educational institutions; and,
e. With respect to anyservices to which G.S. 96‑13(b)(1) applies, if such services are providedto or on behalf of an educational institution, compensation shall be deniedunder the same circumstances as described in clauses a through d.
(2) Repealed by SessionLaws 1983, c. 625, s. 5.
(c) Beginning February16, 1977, an unemployed individual shall be eligible to receive benefits withrespect to any week only if the Commission finds that he has been totally,partially, or part‑totally unemployed for a waiting period of one weekwith respect to each benefit year. No week shall be counted as a week ofunemployment for waiting‑period credit under this provision unless theclaimant except for the provisions of this subdivision was otherwise eligiblefor benefits. As to claims filed on or after September 5, 1999, the waitingperiod for a benefit year shall not be required of any claimant if all of thefollowing conditions are met:
(1) The benefits are tobe paid for unemployment due directly to a major natural disaster.
(2) The President of theUnited States has declared the disaster pursuant to the Disaster Relief Act of1970, 42 U.S.C.A. 4401, et seq.
(3) The benefits are tobe paid to claimants who would have been eligible for disaster unemploymentassistance if they had not been eligible to receive unemployment insurancebenefits with respect to that unemployment.
(4) The claimant filesfor a waiver of the waiting period week within 30 days after the date ofnotification or mailing of the notice of the right to have the waiting periodweek waived. The Employment Security Commission, for good cause shown, may atany time in its discretion, with or without motion or notice, order the periodenlarged if the request for an enlargement of time is made before theexpiration of the period originally prescribed or as extended by a previousorder. After expiration of the specified period, the Employment SecurityCommission may permit the act to be done where the failure to act was a resultof excusable neglect.
The benefits paid as a result ofthe waiver of the waiting period week shall not be charged to the account oraccounts of the base period employer or employers in accordance with G.S. 96‑9(c)(2)d.The Employment Security Commission shall implement regulations prescribing theprocedure for the waiver of the waiting period week in accordance with G.S. 96‑4(b).
(c1) As to claims filedon or after January 29, 2003, the waiting period for a benefit year shall notbe required of a claimant if all of the following conditions are met:
(1) The benefits are tobe paid for unemployment due directly to a major industrial disaster thatdestroys substantially all of the physical facilities of a manufacturing plant.
(2) The Governor hasacknowledged the disaster through the creation of such task forces as areneeded to coordinate State assistance to the manufacturer and its employees.
(3) The Governor hasissued an Executive Order directing and authorizing the Employment SecurityCommission to waive the waiting week for employees of the manufacturer.
(4) The EmploymentSecurity Commission shall implement regulations prescribing the procedure forthe waiver of the waiting period week in accordance with G.S. 96‑4(b).
(d) Benefit entitlementbased on services for governmental entities that become subject to EmploymentSecurity Commission law effective January 1, 1978, will be administered in thesame manner and under the same conditions of the laws of this Chapter as are applicableto individuals whose benefit rights are based on other service subject to thisChapter.
(e) Benefits shall notbe payable to any individual on the basis of any services, substantially all ofwhich consist of participating in sports or athletic events or training orpreparing to so participate, for any week which commences during the periodbetween two successive sport seasons (or similar periods) if such individualperforms such services in the first of such seasons (or similar periods) andthere is a reasonable assurance that such individual will perform such servicesin the latter of such seasons (or similar periods).
(f) (1) Benefitsshall not be payable on the basis of services performed by an alien unless suchalien is an individual who was lawfully admitted for permanent residence at thetime such services were performed, or otherwise was permanently residing in theUnited States under color of law at the time such services were performed, orwas lawfully present for purposes of performing such services (including analien who is lawfully present in the United States as a result of theapplication of the provisions of section 203 (a)(7) or section 212 (d)(5) ofthe Immigration and Nationality Act). Any data or information required ofindividuals applying for benefits to determine whether benefits are not payableto them because of their alien status shall be uniformly required from allapplicants for benefits. In the case of an individual whose application forbenefits would otherwise be approved, no determination that compensation tosuch individual is not payable because of his alien status shall be made exceptupon a preponderance of the evidence.
(2) An individual who isnot a citizen or national of the United States shall not be deemed availablefor work under subsection (a)(3) of this section unless the individual is insatisfactory immigration status under the laws administered by the UnitedStates Department of Justice, Immigration and Naturalization Service.
(g) (1) Exceptas herein provided, no individual shall be eligible for benefits for any weekduring any part of which the Commission finds that work was not available tothe individual because he had been placed on a bona fide disciplinarysuspension by his employer. To be bona fide, a disciplinary suspension must bebased on acts or omissions which constitute fault on the part of the employeeand are connected with the work but such acts or omissions need not alone bedisqualifying under G.S. 96‑14.
(2) Ineligibilitypursuant to the preceding paragraph based on a single disciplinary suspensionshall not be imposed for any claims week beginning after the tenth consecutivecalendar day of the suspension. If at the time a claim is filed for such a weekthe individual is still so suspended, the individual shall be deemed to havebeen discharged from his work because of all the acts or omissions that causedhis suspension and the issue of whether that discharge was for disqualifyingreasons under G.S. 96‑14 shall then be adjudicated pursuant to G.S. 96‑15.
(3) Any individual whofiles a claim for benefits for a week with respect to which he is ineligibleunder this subsection is deemed to be attached to his employer's payroll andany issue concerning separation from work that may be present under G.S. 96‑14shall be held in abeyance until such time as a claim is filed for a week towhich this subsection does not apply. (Ex. Sess. 1936, c. 1, s. 4; 1939, c. 27, ss. 4, 5;c. 141; 1941, c. 108, s. 2; 1943, c. 377, s. 5; 1945, c. 522, ss. 27‑28;1947, c. 326, s. 22; 1949, c. 424, s. 22; 1951, c. 332, s. 13; 1961, c. 454, s.19; 1965, c. 795, ss. 17, 18; 1969, c. 575, ss. 10, 11; 1971, c. 673, ss. 27,28; 1973, c. 172, s. 6; 1975, c. 2, s. 6; c. 8, ss. 1, 2; c. 226, ss. 1, 2;1977, c. 727, s. 53; 1979, c. 660, ss. 20, 21, 29‑31; 1981, c. 160, ss.24, 25; c. 883; 1983, c. 585, s. 17; c. 625, ss. 2‑5; 1985, c. 53; c.197, ss. 4, 5; c. 552, ss. 10, 11; c. 616, s. 2; 1989, c. 707, s. 3; c. 770, s.22; 1991, c. 423, s. 1; 1993 (Reg. Sess., 1994), c. 680, s. 5; 1995, c. 270, s.1; c. 284, s. 1; 1997‑398, s. 5; 1997‑456, s.27; 1999‑463,Ex. Sess., s. 7; 2003‑1, s. 1; 2003‑220, s. 5; 2005‑410, s.1; 2009‑301, s. 2.)
