Code of Maine Rules
12 - DEPARTMENT OF LABOR
172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION
Chapter 6 - SEASONAL INDUSTRY PROGRAM
Section 172-6-2 - Payment of benefits
Universal Citation: 12 ME Code Rules ยง 172-6-2
Current through 2024-13, March 27, 2024
A. Definitions.
1. "Seasonal work" shall mean employment in
seasonal industries within the determined seasonal period or periods.
2. "Seasonal unemployment" shall mean an
individual's unemployment occurring within the seasonal period or
periods corresponding to the seasonal period or periods in which the individual
earned his or her base period wages.
3. "Non-seasonal work" shall mean employment
in non-seasonal industries or employment in seasonal industries outside of the
determined seasonal period or periods.
4. "Non-seasonal unemployment" shall mean an
individual's entire period of unemployment if the individual has no base period
wages in employment by a seasonal employer or an individual's unemployment
occurring outside of the seasonal period or periods corresponding to
the seasonal period or periods in which the individual earned his or her base
period wages.
5. "Seasonal
employer" shall mean in employer that pays seasonal wages.
6. "Non-seasonal employer" shall mean an
employer that pays non-seasonal wages.
7. "Seasonal wages" shall mean wages paid for
seasonal work during the seasonal period or periods by an employer in a
seasonal industry.
8. "Non-seasonal
wages" shall mean wages paid by an employer in a non-seasonal industry or wages
paid for any services performed outside of the seasonal period or periods by an
employer in a seasonal industry.
B. Benefits Predicated Upon Wages Earned in Seasonal Industries.
1. The wage-class, weekly
benefit amount, and maximum benefits available shall be determined in
the usual manner using wages for both seasonal and non-seasonal work in the
base period.
2. An individual who
has earned all his or her base period wages in seasonal work shall be entitled
to benefits only for seasonal unemployment.
3. An individual having base period wages
from both seasonal and non-seasonal work shall be entitled to his or her
maximum available benefits for seasonal unemployment, but shall be entitled to
benefits for non-seasonal unemployment for only the total amount of available
benefits to which he or she would have been entitled if the benefits had been
determined solely on the non-seasonal base period wages. Except that when the
non-seasonal base period wages are wholly from an employer liable for payments
in lieu of contributions, then the benefit payments for the non-seasonal
unemployment shall not exceed the employer's proportionate share of the maximum
amount of benefits.
C. Fair Hearing. Any benefit determination made under the provisions of this section shall be subject to appeal and opportunity for fair hearing as to any issue involved therein.
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