Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.40 - UNEMPLOYMENT INSURANCE
Subchapter 24.40.9 - NEW
Rule 24.40.927 - SUITABLE WORK FOR EXTENDED BENEFITS

Universal Citation: MT Admin Rules 24.40.927

Current through Register Vol. 18, September 20, 2024

(1) If the department determines that a claimant who has exhausted regular benefits has a reasonable chance of securing employment during the four weeks after regular benefits are exhausted, "suitable work" is defined by the requirements in 39-51-2304, MCA.

(2) If the department determines that a claimant who has exhausted regular benefits does not have a reasonable chance of securing employment in the four weeks after regular benefits are exhausted, "suitable work" for purposes of extended benefits is defined as the requirements in 39-51-2304, MCA, and the following criteria:

(a) the gross average weekly wages for the work exceeds the claimant's extended weekly benefit amount, plus the amount of any supplemental unemployment benefits (as defined in 26 U.S.C. 501(c)(17)(D), as amended);

(b) the position does not pay less than the higher of:
(i) the federal minimum wage (29 U.S.C. 206, as amended); or

(ii) any applicable state or local minimum wage; and,

(c) the position was offered to the claimant in writing or was listed with an employment office.

(3) The department shall presume that a claimant does not have a reasonable chance of securing employment during the four weeks after regular benefits are exhausted. The department may change this presumption upon evidence of improved opportunities for employment.

(4) The department shall notify the claimant in writing of the determination of the claimant's reasonable chances of securing employment, and the department may change the determination if the department is provided with evidence of changed circumstances.

AUTH: 39-51-301, 39-51-302, MCA; IMP: 39-51-2508, MCA

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