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24.11.490    LEAVE OF ABSENCE

(1) A worker is not eligible for benefits while on an employer-approved leave of absence until the leave of absence ends or the worker offers to return to work, whichever occurs first.

(2) When a separation from employment occurs during an employer-approved leave of absence or after the agreed return date, the department shall determine the reasons for the separation based on evidence provided by the claimant, the employer, and other sources. The department's determination dictates whether an otherwise qualified claimant is eligible for benefits.

(3) When a worker does not return to work upon the agreed return date, the department shall determine whether the claimant voluntarily left work or was discharged from employment. If discharged from employment, the department shall determine whether the discharge occurred for misconduct.

(4) When a worker returns to work upon the agreed return date or offers to return to work during an employer-approved leave of absence, whichever occurs first, and finds suitable work is not available, the department shall determine whether the claimant is eligible for benefits due to a temporary or permanent lay-off.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-2112, MCA; NEW, 2011 MAR p. 573, Eff. 5/29/11.

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