Code of Maine Rules
12 - DEPARTMENT OF LABOR
172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION
Chapter 3 - UNEMPLOYMENT BENEFITS, INTRASTATE
Section 172-3-2 - Benefits for partial unemployment, as to claimants and employers

Universal Citation: 12 ME Code Rules ยง 172-3-2

Current through 2024-13, March 27, 2024

A. With respect to a partially unemployed individual whose wages are paid on a weekly basis, a week of partial unemployment shall be deemed to be that calendar week which includes the major part of his regular payroll week, and wages reported for the payroll week shall be considered as earned in such calendar week. Wages of partially unemployed individuals who are paid on other than a weekly basis shall be reported for the calendar week involved.

B. Each employing unit, immediately following the close of a week during which any individual customarily employed full time in its employ worked less than full-time hours and did not earn $5 or more in excess of his weekly benefit amount due to lack of work, or, while not having been affirmatively terminated, performed no services and earned no wages for a period of one calendar week due to lack of work, shall give such individual a claim form properly filled out, and thereafter if no employment is available the employing unit shall issue instructions to the worker for making application for total benefits. If the employing unit is not cognizant of an employee's weekly benefit amount, the claim form should be issued for the first week of less than full-time work in the employee's benefit year in order that a determination of the employee's rights may be made and the employing unit and the employee duly notified. Pending receipt of notice of the employee's benefit rights, the employing unit shall issue the claim form for each week of less than full-time work.

1. Issuance of the claim form to individuals for limited periods of more than one consecutive calendar week of performing no services and earning no wages while not having been affirmatively terminated may be authorized by the Bureau of Unemployment Compensation upon specific request from the employing unit due to temporary shut down of operations at the employing establishment.

C. Whenever an employing unit has workers partially unemployed because of lack of work, it shall make available to such workers .printed notices as to partial benefit rights as provided by the bureau.

D. A claim form issued by an employing unit in accordance with subsection (B), when filed with the bureau shall constitute an individual's notice of partial unemployment and registration for work and his claim for benefits for any past compensable weeks of partial unemployment covered by the claim, provided that such claim shall be filed within 4 weeks from the week covered by such claim; but in no case shall an individual have less than 14 days from the date wages are paid in which to file such claim; provided, however, that a claim form covering a week of no employment and no wages shall be filed by the claimant by mail in accordance with subsection G of Rule 3(1) or at another location authorized by the bureau within 10 days following the end of such week, except that a claimant returning to full-time work may file such claim by mail within 10 days of commencing work.

1. However, failure by a claimant to file a claim for partial benefits, within the time specified in subsection (D), shall not constitute basis for denial of benefits, provided the claimant shows good cause for such failure. Good cause shall also be deemed to exist due to failure on the part of the employing unit to comply with verification or other requirements relating to partial unemployment, to coercion or intimidation exercised by the employing unit to prevent the prompt filing of a claim for partial unemployment, or to failure by the bureau to discharge its responsibilities in connection with partial unemployment.

E. Claims for partial benefits with earning, prepared and certified by employing units, may be made by mail.

1. A claimant partially unemployed, who has not filed a previous claim during his benefit year, must file in accordance with the provisions of section 1(J).

F. To be eligible for partial benefits for any week, a claimant's reduced hours and earnings for such week must have been caused by lack of suitable work with his regular employing unit and in addition, a claimant must have been able to work and available for work during the entire week for which partial benefits are claimed, except as provided in subsection 3 of section 1192, and subsection 3 of section 1193, of the Employment Security Law.

G. The claimant may be required to present for inspection all pay envelopes or other evidence such as check stubs covering earnings from all employers for the week for which a claim is being filed.

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