New Hampshire Code of Administrative Rules
Emp - Commissioner, Department of Employment Security
Chapter Emp 300 - EMPLOYER REQUIREMENTS
Part Emp 306 - EMPLOYER ELECTIONS
Section Emp 306.01 - Employer Elections to Cover Multi-State Workers

Universal Citation: NH Admin Rules Emp 306.01

Current through Register No. 40, October 3, 2024

(a) This section shall govern the New Hampshire department of employment security in its administrative cooperation with other states subscribing, pursuant to RSA 282-A:169-171, to the interstate reciprocal coverage arrangement, hereinafter referred to as "the arrangement."

(b) As used in this section, unless the context clearly indicates otherwise:

(1) "Agency" means any officer, board, commission or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction;

(2) "Interested agency" means the agency of an interested jurisdiction;

(3) "Interested jurisdiction" means any participating jurisdiction to which an election submitted under the rule is sent for its approval;

(4) "Jurisdiction" means any state of the United States, the District of Columbia, or, with respect to the federal government, the coverage of any federal unemployment compensation law;

(5) "Participating jurisdiction" means a jurisdiction whose administrative agency has subscribed to the arrangement and whose adherence thereto has not terminated; and

(6) "Services customarily performed by an individual in more than one jurisdiction" means work rendered in more than one jurisdiction during a reasonable period, if the nature of the services gives reasonable assurance that they will continue to be performed in more than one jurisdiction or if such services are required or expected to be performed in more than one jurisdiction under the election.

(c) Submission and approval of coverage elections under the arrangement shall be as follows:

(1) Any employing unit may file an election on a form supplied by the department, to cover under the law of a single participating jurisdiction all of the services performed for him by any individual who customarily works for him in more than one participating jurisdiction;

(2) Such an election may be filed, with respect to an individual, with any participating jurisdiction in which:
a. Any part of the individual's services is performed;

b. The individual has his residence; or

c. The employing unit maintains a place of business to which the individual's services bear a reasonable relation;

(3) The employing unit shall obtain the initial approval or disapproval of the election by the agency of the elected jurisdiction;

(4) If such agency approves the election, the employing unit shall forward a copy thereof to the agency of each other participating jurisdiction specified thereon, under whose unemployment compensation law the individual or individuals in question might, in the absence of such election, be covered. The employing unit shall obtain the approval or disapproval of the election by each such interested agency, as promptly as practicable, and shall notify the agency of the elected jurisdiction accordingly;

(5) In case its law so requires, any such interested agency may, before taking such action, require from the electing employing unit evidence that the affected employees have been notified of, and have acquiesced in the election;

(6) If the agency of the elected jurisdiction, or the agency of any interested jurisdiction, disapproves the election, the disapproving agency shall notify the elected jurisdiction and the electing employing unit of its action and of its reasons therefor;

(7) Such an election shall take effect as to the elected jurisdiction only if approved by its agency and by one or more interested agencies;

(8) An election thus approved shall take effect, as to any interested agency, only if it is approved by such agency; and

(9) In case any such election is approved only in part, or is disapproved by some of such agencies, the electing employing unit may withdraw its election within 10 days after being notified of such action.

(d) Effective period of elections shall be as follows:

(1) An election duly approved under this rule shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election, as approved, specifies the beginning of a different calendar quarter. If the electing unit requests an earlier effective date than the beginning of the calendar quarter in which the election is submitted, such earlier date shall be approved solely as to those interested jurisdictions in which the employer had no liability to pay contributions for the earlier period in question;

(2) The application of an election to any individual under this rule shall terminate, if the agency of the elected jurisdiction finds that the nature of the services customarily performed by the individual for the electing unit has changed, so that they are no longer customarily performed in more than one participating jurisdiction;

(3) Such termination shall be effective as of the close of the calendar quarter in which notice of such finding is mailed to all parties affected;

(4) Except as provided in sub-paragraphs (2) and (3), each election approved hereunder shall remain in effect through the close of the calendar year in which it is submitted, and thereafter until the close of the calendar quarter in which the electing unit gives written notice of its termination to all affected agencies; and

(5) Whenever an election under this rule ceases to apply to any individual, under sub-paragraphs (2), (3) or (4), the electing unit shall notify the affected individual accordingly.

(e) Reports and notices by the electing unit shall be as follows:

(1) The electing unit shall promptly notify each individual affected by its approved election and shall furnish the elected agency a copy of such notice;

(2) Whenever an individual covered by an election under this rule is separated from the individual's employment, the electing unit shall again notify the individual, immediately, as to the jurisdiction under whose unemployment compensation law the individual's services have been covered. If at the time of termination the individual is not located in the elected jurisdiction, the electing unit shall notify the individual as to the procedure for filing interstate claims; and

(3) The electing unit shall immediately report to the elected jurisdiction any change which occurs in the conditions of employment pertinent to its election, such as cases where an individual's services for the employer cease to be customarily performed in more than one participating jurisdiction or where a change in the work assigned to an individual requires the individual to perform services in a new participating jurisdiction.

#2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90

New. #5146, eff 5-6-91; ss by #6504, INTERIM, eff 5-5-97, EXPIRES: 9-2-97; ss by #6566, eff 9-2-97, EXPIRED: 9-2-05

New. #8470, INTERIM, eff 11-1-05, EXPIRED: 4-30-06

New. #8625, eff 5-6-06; renumbered by #10081 (formerly Emp 305.01); ss by #10673, eff 9-22-14

The amended version of this section by New Hampshire Register Volume 35, Number 49, eff.11/12/2015 is not yet available.

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