Connecticut Administrative Code
Title 31 - Labor
236 - Eligibility for Unemployment Compensation
Section 31-236-47 - Payment by way of compensation for loss of wages
Universal Citation: CT Reg of State Agencies 31-236-47
Current through December 12, 2024
(a) In order to determine that a payment is a payment by way of compensation for loss of wages with respect to a given week or weeks, the Administrator shall find that the payment is provided for by the employment agreement and represents compensation in an amount substantially equivalent to the pay an individual would have received for services rendered if he had actually worked.
(b)
(1) For
any separation from employment occurring prior to January 1, 2024, the
Administrator shall find vacation pay to be a payment by way of compensation
for loss of wages when the vacation pay relates to an identifiable week or
weeks, either designated as a vacation period by arrangement between the
individual, or such individual's representative, and such individual's employer
or that is the customary vacation period in the employer's industry. Where the
vacation pay relates to an identifiable week or weeks, the Administrator shall
allocate the vacation payment to the identifiable week or weeks.
(2) Except as provided in subdivision (3) of
this subsection, where the Administrator finds that a vacation payment does not
relate to an identifiable week or weeks, the payment shall be allocated
effective with the week of receipt or the individual's first day of
unemployment not otherwise compensated, whichever is later.
(3) For any separation from employment
occurring prior to January 1, 2024, where an employer has closed a Connecticut
facility and as a result, an individual has no substantive reemployment rights
with that employer, the payment of accrued vacation pay shall not be
allocable.
(4) For any separation
from employment occurring prior to January 1, 2024, where an individual is not
required to take equivalent vacation time in order to receive vacation pay for
a given period under his employment agreement, the Administrator shall not
consider such payment to be a payment by way of compensation for loss of wages,
but instead shall find it to be a non-allocable bonus payment.
(c) For any separation from employment occurring on or after January 1, 2024:
(1) Where an individual receives any vacation
pay relating to an identifiable week or weeks, either designated as a vacation
period by arrangement between the individual, or the individual's
representative, and the individual's employer or that is the customary vacation
period in the employer's industry, the payment shall be allocated to the period
of time covered by the vacation pay except as provided in subdivision (2) of
this subsection;
(2) Where an
individual receives any payment of accrued vacation pay upon separation from
employment, the payment of accrued vacation pay shall not be
allocable.
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