New Hampshire Code of Administrative Rules
Emp - Commissioner, Department of Employment Security
Chapter Emp 500 - CLAIMANT REQUIREMENTS
Part Emp 501 - REGISTRATION FOR WORK AND FILING OF CLAIMS
Section Emp 501.15 - Part-time Availability and Shift Availability

Universal Citation: NH Admin Rules Emp 501.15

Current through Register No. 12, March 21, 2024

(a) For purposes of RSA 282-A:32,I(d)(2)(D) and (E), "adult" means those persons who have attained the age of 18 years.

(b) For purposes of RSA 282-A:31,I(d) "based on wages earned in part-time work" means during the individual's "base period" as defined at RSA 282-A:2, some portion of the individual's "annual earnings" as defined at RSA 282-A:16 were for employment of less than 37.5 hours a week.

(c) For purposes of RSA 282-A:32,I(d)(2)(E), a child shall not be considered to be under the age of 16 during the week the child attains the age of 16 years.

(d) An individual who wishes to be exempt from applying for or accepting full-time or part-time work during the hours of a particular shift pursuant to RSA 282-A:32,I(d)(2)(E) shall provide the department with the date of birth of the individual's youngest, natural, adopted, step or foster child for which the individual is the only adult available for the care of such child.

(e) An individual who wishes to be exempt from applying for or accepting full-time or part-time work during the hours of a particular shift pursuant to RSA 282-A:32,I(d)(2)(D) or (E) shall:

(1) Advise the department of the reasons why the individual is unable to apply for or accept work during the hours of a particular shift;

(2) Specify the total number of hours the individual is able to work during a week;

(3) Specify the days of the week and time periods during each day when the individual is able to work.

(f) An individual who is only seeking part-time work shall report the number of hours the individual worked during each week for which the individual files a claim for benefits.

(g) An individual who is not available for full-time work shall inform the department whether, during the individual's "base period" as defined at RSA 282-A:2, some portion of the individual's "annual earnings" as defined at RSA 282-A:16 were for employment of less than 37.5 hours a week.

(h) An adult other than the individual claiming benefits shall be considered "available" for purposes of RSA 282-A:32, I(d)(2)(D) and (E) if the commissioner determines the adult is a suitable person to provide care.

(i) The commissioner shall consider the other adult to be a suitable person if, based on the information available to the commissioner:

(1) It appears likely the person will provide care in a responsible manner;

(2) The person is capable of providing the specific care required;

(3) The person has no physical or mental limitation that would prevent the provision of adequate care; and

(4) There are no other factors which negatively impact the likelihood the person will provide the care required.

#8550, INTERIM, eff 1-26-06, EXPIRED: 7-25-06; ss by #8677, eff 7-8-06; ss by #9241, INTERIM, eff 8-26-08, EXPIRES: 2-22-09; ss by #9389, eff 2-13-09

The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.

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