HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.11.452A    ELIGIBILITY FOR BENEFITS

(1) A claimant has not satisfied the requirements of 39-51-2104(1)(a), MCA, and is, therefore, ineligible for benefits if the claimant fails, without good cause, to:

(a) participate in an interview required by the department; or

(b) provide to the department, within eight days of the date of a mailed, faxed, or telephoned request, such information as the department may require for the proper administration of the claim.

(2) A claimant is not able to work, available for work, or actively seeking work, within the meaning of 39-51-2104, MCA, if the claimant is incapable of performing or is unwilling to seek, apply for, or accept a substantial amount of suitable work in the claimant's labor market area for which the claimant is reasonably fitted by experience, education or training, in the claimant's customary occupation or in an occupation determined by the department to be suitable for the claimant under 39-51-2304, MCA. For the purposes of this subsection, a "substantial amount" of suitable work means full-time work, except when a claimant is limited to less than full-time work due to a personal medical condition and:

(a) the medical condition and the resultant limitation are verified by a licensed and practicing health care provider;

(b) the majority of the claimant's base period wages were earned in less than full-time work to which the claimant was limited due to the personal medical condition;

(c) there exists a substantial amount of less than full-time work which is suitable for the claimant in the claimant's labor market area; and

(d) the claimant is able to work enough hours in any week at the prevailing rate of pay in the claimant's customary occupation or in an occupation determined by the department to be suitable for the claimant to enable the claimant to earn an amount equal to at least the claimant's weekly benefit amount.

(3) A claimant is not available for work within the meaning of 39-51-2104, MCA, if the claimant:

(a) is unwilling or unable to accept an offer of new work for more than two days in a benefit week if those days are normal days of work in the claimant's customary occupation or in an occupation determined by the department to be suitable for the claimant under 39-51-2304, MCA, for reasons including, but not limited to:

(i) lack of transportation;

(ii) lack of child or other dependent care;

(iii) incarceration;

(iv) vacation; or

(v) travel;

(b) leaves work within four weeks of the intended date of termination specified in a valid notice of termination, as described under ARM 24.11.454A, provided that the leaving was in response to the notice of termination or for other reasons not constituting good cause attributable to the employment, provided that the claimant is not considered to be unavailable for work after the intended date of termination solely by reason of having left work; or

(c) is available only for temporary work, unless it is determined by the department that the claimant has good cause for the restriction and there exists a substantial amount of temporary work which is suitable for the claimant in the claimant's labor market area.

(4) A claimant will be considered to be seeking work as required by 39-51-2104, MCA, if the claimant is:

(a) making a reasonable independent search for work in a manner appropriate for conditions in the claimant's labor market area and for the claimant's customary occupation or for an occupation determined by the department to be suitable for the claimant; or

(b) not incarcerated for more than two days in a benefit week if those days are normal work days:

(i) in the claimant's occupation; or

(ii) in a suitable occupation as determined by the department under 39-51-2304, MCA;

(c) "union attached," meaning that the claimant is a member in good standing and on the out-of-work list of a labor union that operates an exclusive hiring hall; or

(d) "job attached," meaning that the claimant:

(i) has a definite or approximate date of hire or recall to insured work at which the worker will be regularly scheduled to work 30 or more hours per week; or

(ii) is employed in insured work on a less than full-time basis, but has a reasonable expectation that the work will become full-time.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-2101, 39-51-2104, 39-51-2304, MCA; NEW, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2006 MAR p. 2411, Eff. 10/6/06; AMD, 2007 MAR p. 1669, Eff. 10/26/07.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security