Code of Massachusetts Regulations
430 CMR - DEPARTMENT OF UNEMPLOYMENT ASSISTANCE
Title 430 CMR 12.00 - Seasonal Employment Under M.G.L. c. 151A sec. 1, 24
Section 12.06 - Benefits

Universal Citation: 430 MA Code of Regs 430.12

Current through Register 1518, March 29, 2024

(1) For benefit years beginning after January 1, 1993, benefits based on seasonal employment may be paid to an otherwise eligible individual only:

(a) following a non-disqualifying separation which occurs during the seasonal period for which the individual was hired; or

(b) during the next regularly recurring seasonal period following the seasonal period in which the individual earned his wage credits.

(2) If a claim for benefits is filed outside the operating period of seasonal employment, benefits may be paid on the basis of non-seasonal wages only. A seasonal determination shall not affect the benefit rights of seasonal workers to collect unemployment benefits with respect to non-seasonal employment.

(3) When there is a transfer either from seasonal to non-seasonal work or from non-seasonal to seasonal work for the same employer without break or intermission, the claimant's benefits shall be based on all wages paid by the employer.

(4) There is no continuing employer employee relationship once a seasonal period has ended unless such seasonal employee continues in employment with the same employer following the seasonal period.

(5) If an unemployed individual refuses a recall to a prior seasonal employer, such refusal shall be considered under M.G.L. c. 151A, § 25(c).

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