Sec. 3121.899. (A) The new hire reports filed with the | 40 |
department of job and family services pursuant to section 3121.891 | 41 |
of the Revised Code shall not be considered public records
for | 42 |
purposes of section 149.43 of the
Revised Code. The director of | 43 |
job and family services may
adopt rules under section 3125.51 of | 44 |
the
Revised
Code governing access to, and
use and disclosure of, | 45 |
information contained in the new hire reports. The | 46 |
(A)(1) "Employer" means the state, its instrumentalities,
its | 68 |
political subdivisions and their instrumentalities, and any | 69 |
individual or type of organization including any partnership, | 70 |
limited
liability company, association, trust, estate, joint-stock | 71 |
company,
insurance
company, or corporation, whether domestic or | 72 |
foreign, or the
receiver, trustee in bankruptcy, trustee, or the | 73 |
successor
thereof, or the legal representative of a deceased | 74 |
person who
subsequent to December 31, 1971, or in the case of | 75 |
political
subdivisions or their instrumentalities, subsequent to | 76 |
December
31, 1973: | 77 |
(a) Had in employment at least one individual, or in the
case | 78 |
of a nonprofit organization, subsequent to December 31,
1973,
had | 79 |
not less than four individuals in employment for some
portion
of a | 80 |
day in each of twenty different calendar weeks, in
either the | 81 |
current or the preceding calendar year whether or not
the same | 82 |
individual was in employment in each such day; or | 83 |
(c) Had paid, subsequent to December 31, 1977, for
employment | 88 |
in domestic service in a local college club, or local
chapter of a | 89 |
college fraternity or sorority, cash remuneration of
one thousand | 90 |
dollars or more in any calendar quarter in the
current calendar | 91 |
year or the preceding calendar year, or had paid
subsequent to | 92 |
December 31, 1977, for employment in domestic
service in a private | 93 |
home cash remuneration of one thousand
dollars in any calendar | 94 |
quarter in the current
calendar year or
the preceding calendar | 95 |
year: | 96 |
(ii) Had at least ten individuals in employment in | 111 |
agricultural labor, not including agricultural workers who are | 112 |
aliens
admitted to the United States to perform agricultural labor | 113 |
pursuant to sections 214(e) and
101(a)(15)(H) of the "Immigration | 114 |
and
Nationality Act," 66 Stat. 163, 8 U.S.C.A. | 115 |
1101(a)(15)(H)(ii)(a), for some portion of a day in
each of the | 116 |
twenty different calendar weeks, in either the
current or | 117 |
preceding calendar year whether or not the same
individual was in | 118 |
employment in each day; or | 119 |
(2) Each individual employed to perform or to assist in | 145 |
performing the work of any agent or employee of an employer is | 146 |
employed by such employer for all the purposes of this chapter, | 147 |
whether such individual was hired or paid directly by such | 148 |
employer or by such agent or employee, provided the employer had | 149 |
actual or constructive knowledge of the work. All individuals | 150 |
performing services for an employer of any person in this state | 151 |
who maintains two or more establishments within this state are | 152 |
employed by a single employer for the purposes of this chapter. | 153 |
(4) An employer not otherwise subject to this chapter who | 157 |
files with the director of job and family services
a written | 158 |
election to become an employer subject to this
chapter for not | 159 |
less than two calendar years shall, with the
written approval of | 160 |
such election by the director,
become an
employer subject to this | 161 |
chapter to the same extent as all other
employers as of the date | 162 |
stated in such approval, and shall cease
to be subject to this | 163 |
chapter as of the first day of January of
any calendar year | 164 |
subsequent to such two calendar years only if
at least thirty days | 165 |
prior to such first day of January the
employer has filed with the | 166 |
director a written
notice to that effect. | 167 |
(5) Any employer for whom services that do not constitute | 168 |
employment are performed may file with the
director a
written | 169 |
election that all such services performed by individuals
in the | 170 |
employer's employ in one or more distinct establishments or places | 171 |
of
business shall be deemed to constitute employment for all the | 172 |
purposes of this chapter, for not less than two calendar years. | 173 |
Upon written
approval of the election by the director, such | 174 |
services shall be deemed to constitute employment subject to this | 175 |
chapter from and after the date stated in such approval. Such | 176 |
services shall cease to be employment subject to this chapter as | 177 |
of the first day of January of any calendar year subsequent to | 178 |
such two calendar years only if at least thirty days prior to
such | 179 |
first day of January such employer has filed with the
director a | 180 |
written notice to that effect. | 181 |
(B)(1) "Employment" means
service performed by an individual | 182 |
for
remuneration under any contract of
hire, written or oral, | 183 |
express or implied, including service
performed in interstate | 184 |
commerce and service performed by an
officer of a corporation, | 185 |
without regard to whether such service
is executive, managerial, | 186 |
or manual in nature, and without regard
to whether such officer is | 187 |
a stockholder or a member of the board
of directors of the | 188 |
corporation,
unless it is shown to the satisfaction of the | 189 |
director that such individual
has been and will continue to be | 190 |
free from direction or control
over the performance of such | 191 |
service, both
under a
contract of service and in fact.
The | 192 |
director shall adopt rules to define
"direction or control." | 193 |
(a) Service performed after December 31, 1977, by an | 195 |
individual in the employ of the state or any of its | 196 |
instrumentalities, or any political subdivision thereof or any of | 197 |
its instrumentalities or any instrumentality of more than one of | 198 |
the foregoing or any instrumentality of any of the foregoing and | 199 |
one or more other states or political subdivisions and without | 200 |
regard to divisions (A)(1)(a) and (b) of this section, provided | 201 |
that such service is excluded from employment as defined in the | 202 |
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, | 203 |
3306(c)(7) and is not excluded under division (B)(3) of this | 204 |
section; or the services of employees covered by voluntary | 205 |
election, as provided under divisions (A)(4) and (5) of this | 206 |
section; | 207 |
(b) Service performed after December 31, 1971, by an | 208 |
individual in the employ of a religious, charitable, educational, | 209 |
or other organization which is excluded from the term
"employment" | 210 |
as defined in the "Federal Unemployment Tax Act," 84
Stat. 713, 26 | 211 |
U.S.C.A. 3301 to 3311, solely by reason of
section 26
U.S.C.A. | 212 |
3306(c)(8) of that act and is not excluded under
division (B)(3) | 213 |
of this section; | 214 |
(ii) As a traveling or city salesperson, other than as an | 226 |
agent-driver or commission-driver, engaged on a full-time basis
in | 227 |
the solicitation on behalf of and in the transmission to
the | 228 |
salesperson's employer or principal except for sideline
sales | 229 |
activities on
behalf of some other person of orders from | 230 |
wholesalers,
retailers, contractors, or operators of hotels, | 231 |
restaurants, or
other similar establishments for merchandise for | 232 |
resale, or
supplies for use in their business operations, provided | 233 |
that for
the purposes of this division (B)(2)(e)(ii) of this | 234 |
section, the
services shall be deemed employment if the contract | 235 |
of service
contemplates that substantially all of the services are | 236 |
to be
performed personally by the individual and that the | 237 |
individual does not have a substantial investment in facilities | 238 |
used in connection with the performance of the services other
than | 239 |
in facilities for transportation, and the services are not
in the | 240 |
nature of a single transaction that is not a part of a
continuing | 241 |
relationship with the person for whom the services are
performed. | 242 |
(ii) The service is not localized in any state, but some
of | 246 |
the service is performed in this state and either the base of | 247 |
operations, or if there is no base of operations then the place | 248 |
from which such service is directed or controlled, is in this | 249 |
state or the base of operations or place from which such service | 250 |
is directed or controlled is not in any state in which some part | 251 |
of the service is performed but the individual's residence is in | 252 |
this state. | 253 |
(g) Service not covered under division (B)(2)(f)(ii) of
this | 254 |
section and performed entirely without this state, with
respect to | 255 |
no part of which contributions are required and paid
under an | 256 |
unemployment compensation law of any other state, the
Virgin | 257 |
Islands, Canada, or of the United States, if the
individual | 258 |
performing such service is a resident of this state
and the | 259 |
director
approves the election of the employer for whom such | 260 |
services are
performed; or, if the individual is not a resident of | 261 |
this
state but the
place from which the service is directed or | 262 |
controlled is in this
state, the entire services of such | 263 |
individual shall be deemed to
be employment subject to this | 264 |
chapter, provided service is deemed
to be localized within this | 265 |
state if the service is performed
entirely within this state or if | 266 |
the service is performed both
within and without this state but | 267 |
the service performed without
this state is incidental to the | 268 |
individual's service within the
state, for example, is temporary | 269 |
or transitory in nature or
consists of isolated transactions; | 270 |
(h) Service of an individual who is a citizen of the
United | 271 |
States, performed outside the United States except in
Canada after | 272 |
December 31, 1971, or the Virgin Islands, after
December 31, 1971, | 273 |
and before the first day of January of the
year following that in | 274 |
which the United States secretary of labor
approves the Virgin | 275 |
Islands law for the first time, in the employ
of an American | 276 |
employer, other than service which is "employment"
under divisions | 277 |
(B)(2)(f) and (g) of this section or similar
provisions of another | 278 |
state's law, if: | 279 |
(i) For the purposes of division (B)(2)(h) of this
section, | 294 |
the term "American employer" means an employer who is an | 295 |
individual who is a resident of the United States; or a | 296 |
partnership, if two-thirds or more of the partners are residents | 297 |
of the United States; or a trust, if all of the trustees are | 298 |
residents of the United States; or a corporation organized under | 299 |
the laws of the United States or of any state, provided the term | 300 |
"United States" includes the states, the District of Columbia,
the | 301 |
Commonwealth of Puerto Rico, and the Virgin Islands. | 302 |
(j) Notwithstanding any other provisions of divisions
(B)(1) | 303 |
and (2) of this section, service, except for domestic
service in a | 304 |
private home not covered under division (A)(1)(c) of
this section, | 305 |
with respect to which a tax is required to be paid
under any | 306 |
federal law imposing a tax against which credit may be
taken for | 307 |
contributions required to be paid into a state
unemployment fund, | 308 |
or service, except for domestic service in a
private home not | 309 |
covered under division (A)(1)(c) of this
section, which, as a | 310 |
condition for full tax credit against the
tax imposed by the | 311 |
"Federal Unemployment Tax Act," 84 Stat. 713,
26 U.S.C.A. 3301 to | 312 |
3311, is required to be covered under this
chapter. | 313 |
(k) Construction services performed by any individual under
a | 314 |
construction contract, as defined in section 4141.39 of the | 315 |
Revised Code, if
the director determines that the employer for | 316 |
whom
services are performed
has
the right to direct or control the | 317 |
performance of the services and that the
individuals who perform | 318 |
the services receive remuneration for the services
performed. The | 319 |
director shall presume that the
employer for whom
services are | 320 |
performed has the right to direct or control the performance of | 321 |
the services if ten or more of the following criteria apply: | 322 |
(ii) By an individual who is enrolled at a nonprofit or | 404 |
public educational institution which normally maintains a regular | 405 |
faculty and curriculum and normally has a regularly organized
body | 406 |
of students in attendance at the place where its educational | 407 |
activities are carried on as a student in a full-time program, | 408 |
taken for credit at the institution, which combines academic | 409 |
instruction with work experience, if the service is an integral | 410 |
part of the program, and the institution has so certified to the | 411 |
employer, provided that this subdivision shall not apply to | 412 |
service performed in a program established for or on behalf of an | 413 |
employer or group of employers; | 414 |
(g) Service performed for one or more principals by an | 419 |
individual who is compensated on a commission basis, who in the | 420 |
performance of the work is master of the individual's own
time and | 421 |
efforts,
and whose remuneration is wholly dependent on the amount | 422 |
of
effort the individual chooses to expend, and which service is | 423 |
not
subject to the "Federal Unemployment Tax Act," 53 Stat. 183 | 424 |
(1939), 26
U.S.C.A. 3301 to 3311. Service performed after
December | 425 |
31,
1971: | 426 |
(iii) In a facility conducted for the purpose of carrying
out | 445 |
a program of rehabilitation for individuals whose earning
capacity | 446 |
is impaired by age or physical or mental deficiency or
injury, or | 447 |
providing remunerative work for individuals who
because
of their | 448 |
impaired physical or mental capacity cannot be
readily
absorbed in | 449 |
the competitive labor market, by an
individual
receiving such | 450 |
rehabilitation or remunerative work; | 451 |
(j) Service performed by an individual in the employ of
any | 455 |
organization exempt from income tax under section 501 of the | 456 |
"Internal Revenue Code of 1954," if the remuneration for such | 457 |
service does not exceed fifty dollars in any calendar quarter, or | 458 |
if such service is in connection with the collection of dues or | 459 |
premiums for a fraternal beneficial society, order, or
association | 460 |
and is performed away from the home office or is
ritualistic | 461 |
service in connection with any such society, order,
or | 462 |
association; | 463 |
(k) Casual labor not in the course of an employer's trade
or | 464 |
business; incidental service performed by an officer,
appraiser, | 465 |
or member of a finance committee of a bank, building
and loan | 466 |
association, savings and loan association, or savings
association | 467 |
when the remuneration for such incidental service
exclusive of the | 468 |
amount paid or allotted for directors' fees does
not exceed sixty | 469 |
dollars per calendar quarter is casual labor; | 470 |
(l) Service performed in the employ of a voluntary
employees' | 471 |
beneficial association providing for the payment of
life, | 472 |
sickness, accident, or other benefits to the members of
such | 473 |
association or their dependents or their designated
beneficiaries, | 474 |
if admission to a membership in such association
is limited to | 475 |
individuals who are officers or employees of a
municipal or public | 476 |
corporation, of a political subdivision of
the state, or of the | 477 |
United States and no part of the net
earnings of such association | 478 |
inures, other than through such
payments, to the benefit of any | 479 |
private shareholder or
individual; | 480 |
(n) Service performed in the employ of an instrumentality | 484 |
wholly owned by a foreign government if the service is of a | 485 |
character similar to that performed in foreign countries by | 486 |
employees of the United States or of an instrumentality thereof | 487 |
and if the director finds that the secretary of
state of the | 488 |
United States has certified to the secretary of the treasury of | 489 |
the United States that the foreign government, with respect to | 490 |
whose instrumentality exemption is claimed, grants an equivalent | 491 |
exemption with respect to similar service performed in the
foreign | 492 |
country by employees of the United States and of
instrumentalities | 493 |
thereof; | 494 |
(r) Service performed in the employ of the United States
or | 509 |
an instrumentality of the United States immune under the | 510 |
constitutionConstitution of the United States from the | 511 |
contributions imposed
by this chapter, except that to the extent | 512 |
that congress permits
states to require any instrumentalities of | 513 |
the United States to
make payments into an unemployment fund under | 514 |
a state
unemployment
compensation act, this chapter shall be | 515 |
applicable
to such
instrumentalities and to services performed for | 516 |
such
instrumentalities in the same manner, to the same extent, and | 517 |
on
the same terms as to all other employers, individuals, and | 518 |
services, provided that if this state is not certified for any | 519 |
year by the proper agency of the United States under section 3304 | 520 |
of the "Internal Revenue Code of 1954," the payments required of | 521 |
such instrumentalities with respect to such year shall be
refunded | 522 |
by the director from the fund in the same
manner
and within the | 523 |
same period as is provided in division (E) of
section 4141.09 of | 524 |
the Revised Code with respect to contributions
erroneously | 525 |
collected; | 526 |
(s) Service performed by an individual as a member of a
band | 527 |
or orchestra, provided such service does not represent the | 528 |
principal occupation of such individual, and which service is not | 529 |
subject to or required to be covered for full tax credit against | 530 |
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. | 531 |
183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after | 532 |
December
31, 1971, for a nonprofit organization, this state or its | 533 |
instrumentalities, or a political subdivision or its | 534 |
instrumentalities, as part of an unemployment work-relief or | 535 |
work-training program assisted or financed in whole or in part by | 536 |
any federal agency or an agency of a state or political | 537 |
subdivision thereof, by an individual receiving the work-relief
or | 538 |
work-training. | 539 |
(u) Service that is performed by a nonresident
alien | 553 |
individual for the period the individual temporarily is present in | 554 |
the
United States as a nonimmigrant under division
(F), (J), (M), | 555 |
or (Q) of section
101(a)(15) of the "Immigration and Nationality | 556 |
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is
excluded | 557 |
under section 3306(c)(19) of the "Federal
Unemployment Tax Act," | 558 |
53 Stat. 183
(1939), 26 U.S.C.A. 3301 to 3311. | 559 |
(v) Notwithstanding any other provisions of division
(B)(3) | 560 |
of this section, services that are excluded under
divisions | 561 |
(B)(3)(g), (j), (k), and (l) of this section shall not
be excluded | 562 |
from employment when performed for a nonprofit
organization, as | 563 |
defined in division (X) of this section, or for
this state or its | 564 |
instrumentalities, or for a political
subdivision or its | 565 |
instrumentalities; | 566 |
(4) If the services performed during one half or more of
any | 579 |
pay period by an employee for the person employing that
employee | 580 |
constitute employment, all the services of such employee
for such | 581 |
period shall be deemed to be employment; but if the services | 582 |
performed during more than one half of any such pay period by an | 583 |
employee for the person employing that employee do not
constitute | 584 |
employment, then none of the services of such employee for such | 585 |
period shall be deemed to be employment. As used in division | 586 |
(B)(4) of this section, "pay period" means a period, of not more | 587 |
than thirty-one consecutive days, for which payment of | 588 |
remuneration is ordinarily made to the employee by the person | 589 |
employing that employee. Division (B)(4) of this section
does not | 590 |
apply to services performed in a pay period by an employee for the | 591 |
person
employing that employee, if any of such service is excepted | 592 |
by division
(B)(3)(o) of this section. | 593 |
(G)(1) "Wages" means remuneration paid to an employee by
each | 607 |
of the employee's employers with respect to employment;
except | 608 |
that
wages shall not include that part of remuneration paid
during | 609 |
any
calendar year to an individual by an employer or such | 610 |
employer's
predecessor in interest in the same business or | 611 |
enterprise, which
in any calendar year is in excess of eight | 612 |
thousand two hundred fifty dollars on and after January 1, 1992; | 613 |
eight thousand five hundred dollars on and after January 1, 1993; | 614 |
eight thousand seven hundred fifty dollars on and after January
1, | 615 |
1994; and nine thousand dollars on and after January 1, 1995.
| 616 |
Remuneration in excess of such amounts shall be deemed wages | 617 |
subject to contribution to the same extent that such remuneration | 618 |
is defined as wages under the "Federal Unemployment
Tax Act," 84 | 619 |
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as
amended. The | 620 |
remuneration paid an employee by an employer with respect to | 621 |
employment in another state, upon which contributions were | 622 |
required and paid by such employer under the unemployment | 623 |
compensation act of such other state, shall be included as a part | 624 |
of remuneration in computing the amount specified in this | 625 |
division. | 626 |
(2) Notwithstanding division (G)(1) of this section, if,
as | 627 |
of the computation date for any calendar year, the
director | 628 |
determines that the level of the
unemployment
compensation fund is | 629 |
sixty per cent or more below the minimum
safe level as defined in | 630 |
section 4141.25 of the Revised Code,
then, effective the first day | 631 |
of January of the following
calendar year, wages subject to this | 632 |
chapter shall not include
that part of remuneration paid during | 633 |
any calendar year to an
individual by an employer or such | 634 |
employer's predecessor in
interest in the same business or | 635 |
enterprise which is in excess of
nine thousand dollars. The | 636 |
increase in the dollar amount of
wages subject to this chapter | 637 |
under this division shall remain in
effect from the date of the | 638 |
director's
determination
pursuant to division (G)(2) of this | 639 |
section and thereafter
notwithstanding the fact that the level in | 640 |
the fund may
subsequently become less than sixty per cent below | 641 |
the minimum
safe level. | 642 |
(H)(1) "Remuneration" means all compensation for personal | 643 |
services, including commissions and bonuses and the cash value of | 644 |
all compensation in any medium other than cash, except that in
the | 645 |
case of agricultural or domestic service, "remuneration"
includes | 646 |
only cash remuneration. Gratuities customarily received
by an | 647 |
individual in the course of the individual's employment from | 648 |
persons
other than the individual's employer and which are | 649 |
accounted for by such
individual to the individual's employer are | 650 |
taxable wages. | 651 |
(1) "Qualifying week" means any calendar week in an | 699 |
individual's base period with respect to which the individual | 700 |
earns or is
paid remuneration in employment subject to this | 701 |
chapter. A
calendar week with respect to which an individual
earns | 702 |
remuneration but for which payment was not made within the
base | 703 |
period, when necessary to qualify for benefit rights, may be | 704 |
considered to be a qualifying week. The number of qualifying
weeks | 705 |
which may be established in a calendar quarter shall not
exceed | 706 |
the number of calendar weeks in the quarter. | 707 |
(2) If an individual does not have sufficient qualifying | 721 |
weeks and wages in the base period to qualify for benefit rights, | 722 |
the individual's base period shall be the four most recently | 723 |
completed
calendar quarters preceding the first day of the | 724 |
individual's
benefit year. Such base period shall be known as the | 725 |
"alternate
base period." If information as to weeks and wages for | 726 |
the most
recent quarter of the alternate base period is not | 727 |
available to
the director from the regular quarterly reports of | 728 |
wage
information, which are systematically accessible, the | 729 |
director may, consistent with the provisions of
section
4141.28 of | 730 |
the Revised Code, base the determination of
eligibility for | 731 |
benefits on the affidavit of the claimant with
respect to weeks | 732 |
and wages for that calendar quarter. The
claimant shall furnish | 733 |
payroll documentation, where available, in
support of the | 734 |
affidavit. The determination based upon the
alternate base period | 735 |
as it relates to the claimant's benefit
rights, shall be amended | 736 |
when the quarterly report of wage
information from the employer is | 737 |
timely received and that
information causes a change in the | 738 |
determination. As provided in
division (B) of
section
4141.28 of | 739 |
the Revised
Code, any
benefits paid
and charged to an
employer's | 740 |
account, based upon a
claimant's
affidavit, shall be
adjusted | 741 |
effective as of the
beginning of the
claimant's benefit
year. No | 742 |
calendar quarter in
a base period or
alternate base
period shall | 743 |
be used to establish
a subsequent
benefit year. | 744 |
(R)(1) "Benefit year" with respect to an individual means
the | 753 |
fifty-two week period beginning with the first day of that
week | 754 |
with respect to which the individual first files a valid | 755 |
application for
determination of benefit rights, and thereafter | 756 |
the fifty-two
week period beginning with the first day of that | 757 |
week with
respect to which the individual next files a valid | 758 |
application
for determination of benefit rights after the | 759 |
termination of
the individual's last preceding benefit year, | 760 |
except that the
application shall
not be considered valid unless | 761 |
the individual has had employment
in six weeks that is subject to | 762 |
this chapter or the unemployment
compensation act of another | 763 |
state, or the United States, and has,
since the beginning of the | 764 |
individual's previous benefit year, in
the employment earned three | 765 |
times the average weekly wage
determined for the previous benefit | 766 |
year. The "benefit year" of
a combined wage claim, as described
in | 767 |
division (H) of section
4141.43 of the Revised Code, shall be
the | 768 |
benefit year prescribed
by the law of the state in which the
claim | 769 |
is allowed. Any
application for determination of
benefit
rights | 770 |
made in
accordance with section 4141.28 of the Revised Code
is | 771 |
valid if
the individual filing such application is unemployed,
has | 772 |
been
employed by an employer or employers subject to this
chapter | 773 |
in
at least twenty qualifying weeks within the
individual's base | 774 |
period, and has earned
or been paid remuneration
at an average | 775 |
weekly wage
of not less than twenty-seven and
one-half per cent of | 776 |
the statewide average
weekly wage for such
weeks.
For purposes of | 777 |
determining whether an individual has had
sufficient
employment | 778 |
since the beginning of the individual's
previous benefit year to | 779 |
file a valid application, "employment"
means the performance of | 780 |
services for which remuneration is
payable. | 781 |
(2) Effective for
benefit years beginning on and after | 782 |
December 28, 200326, 2004, any
application for determination of | 783 |
benefit
rights made in
accordance
with section 4141.28 of the | 784 |
Revised Code
is valid if
the
individual
satisfies the criteria | 785 |
described in
division (R)(1)
of
this
section, and if the reason | 786 |
for the
individual's
separation
from employment is not | 787 |
disqualifying
pursuant to
division (D)(2)
of section
4141.29 or | 788 |
section 4141.291
of the
Revised
Code. A
disqualification
imposed | 789 |
pursuant to
division
(D)(2) of section
4141.29 or
section 4141.291 | 790 |
of the
Revised
Code must be removed as
provided in those sections | 791 |
as a
requirement of establishing a
valid application for benefit
| 792 |
years
beginning on and after December 28, 200326, 2004. | 793 |
(3) The statewide average weekly wage shall be calculated by | 794 |
the
director once a year based on the twelve-month
period ending | 795 |
the
thirtieth day of June, as set forth in division
(B)(3) of | 796 |
section 4141.30 of the Revised Code, rounded down to
the nearest | 797 |
dollar. Increases or decreases in the amount of remuneration | 798 |
required to have been earned or paid in order for individuals to | 799 |
have filed
valid applications shall become effective on Sunday of | 800 |
the calendar week in
which the first day of January occurs that | 801 |
follows the twelve-month period
ending the thirtieth day of June | 802 |
upon which the calculation of the statewide
average weekly wage | 803 |
was based. | 804 |
(4) As used in this division, an individual is "unemployed" | 805 |
if, with
respect to
the
calendar week in which such application is | 806 |
filed, the
individual is
"partially unemployed" or "totally | 807 |
unemployed" as defined in this
section or if, prior to filing the | 808 |
application, the
individual was separated
from the individual's | 809 |
most recent work for any reason which
terminated the individual's | 810 |
employee-employer relationship,
or was laid off indefinitely or | 811 |
for a definite period of seven or more days. | 812 |
(1) On a farm, in the employ of any person, in connection | 826 |
with cultivating the soil, or in connection with raising or | 827 |
harvesting any agricultural or horticultural commodity, including | 828 |
the raising, shearing, feeding, caring for, training, and | 829 |
management of livestock, bees, poultry, and fur-bearing animals | 830 |
and wildlife; | 831 |
(3) In connection with the production or harvesting of any | 838 |
commodity defined as an agricultural commodity in section 15 (g) | 839 |
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 | 840 |
U.S.C. 1141j, as amended, or in connection with the ginning of | 841 |
cotton, or in connection with the operation or maintenance of | 842 |
ditches, canals, reservoirs, or waterways, not owned or operated | 843 |
for profit, used exclusively for supplying and storing water for | 844 |
farming purposes; | 845 |
(4) In the employ of the operator of a farm in handling, | 846 |
planting, drying, packing, packaging, processing, freezing, | 847 |
grading, storing, or delivering to storage or to market or to a | 848 |
carrier for transportation to market, in its unmanufactured
state, | 849 |
any agricultural or horticultural commodity, but only if
the | 850 |
operator produced more than one half of the commodity with
respect | 851 |
to which such service is performed; | 852 |
As used in division (V) of this section, "farm" includes | 866 |
stock, dairy, poultry, fruit, fur-bearing animal, and truck
farms, | 867 |
plantations, ranches, nurseries, ranges, greenhouses, or
other | 868 |
similar structures used primarily for the raising of
agricultural | 869 |
or horticultural commodities and orchards. | 870 |
(3) For the purposes of this division, any individual who
is | 925 |
furnished by a crew leader to perform service in agricultural | 926 |
labor for any other employer or farm operator and who is not | 927 |
treated as in the employment of the crew leader under division | 928 |
(BB)(2) of this section shall be treated as the employee of the | 929 |
other employer or farm operator and not of the crew leader. The | 930 |
other employer or farm operator shall be treated as having paid | 931 |
cash remuneration to the individual in an amount equal to the | 932 |
amount of cash remuneration paid to the individual by the crew | 933 |
leader, either on the crew leader's own behalf or on behalf of the | 934 |
other
employer or farm operator, for the service in agricultural | 935 |
labor
performed for the other employer or farm operator. | 936 |
The commission shall provide an opportunity for a fair | 968 |
hearing to
the interested parties of appeals over which the | 969 |
commission has
jurisdiction. The commission has jurisdiction over | 970 |
an appeal on
transfer or on direct appeal to the commission. If | 971 |
the commission
concludes that a pending appeal does not warrant a | 972 |
hearing, the
commission may remand the appeal to the director for | 973 |
redetermination. The commission retains jurisdiction until the | 974 |
appeal is remanded to the director or a final decision is issued | 975 |
and appealed to court, or the time to request a review or to | 976 |
appeal a decision of a hearing officer or the commission is | 977 |
expired. | 978 |
Hearings before the commission are held at the hearing | 980 |
officer
level and the review level. Unless otherwise provided in | 981 |
this chapter,
initial hearings involving claims for compensation | 982 |
and other
unemployment compensation issues are conducted at the | 983 |
hearing officer
level by hearing officers appointed by the | 984 |
commission. Hearings at
the review level are conducted by hearing | 985 |
officers appointed by
the commission, by members of the commission | 986 |
acting either
individually or collectively, and by members of the | 987 |
commission and
hearing officers acting jointly. In all hearings | 988 |
conducted at the
review level, the commission shall designate the | 989 |
hearing officer
or officers who are to conduct the hearing. When | 990 |
the term "hearing
officer" is used in reference to hearings | 991 |
conducted at the review
level, the term includes members of the | 992 |
commission. All decisions
issued at the review level are issued
by | 993 |
the commission. | 994 |
Provisions contained in the remainder of this paragraph apply | 995 |
to hearings
at both the hearing officer level and the review | 996 |
level. The principles of
due process in administrative hearings | 997 |
shall
be applied to all hearings conducted under the authority of | 998 |
the commission.
In conducting hearings, all hearing officers
shall | 999 |
control the conduct
of the hearing, exclude irrelevant or | 1000 |
cumulative evidence, and give
weight to the kind of evidence on | 1001 |
which reasonably prudent persons
are accustomed to rely in the | 1002 |
conduct of serious affairs. Hearing
officers have an affirmative | 1003 |
duty to question parties and
witnesses in order to ascertain the | 1004 |
relevant facts and to fully
and fairly develop the record.
Hearing | 1005 |
officers are not bound by
common law or statutory rules of | 1006 |
evidence or by technical or
formal rules of procedure. No person | 1007 |
shall impose upon the
claimant or the employer any burden of proof | 1008 |
as is required in a
court of law.
The proceedings at hearings | 1009 |
shall be recorded by mechanical means or otherwise as may be | 1010 |
prescribed by the commission. In the absence of further | 1011 |
proceedings, the record need not be transcribed.
After considering | 1012 |
all of the evidence, a hearing
officer shall issue a written | 1013 |
decision that sets forth the facts
as the hearing officer finds | 1014 |
them to be, cites the applicable law,
and gives the reasoning for | 1015 |
the decision. | 1016 |
At the review level, the commission may affirm, modify, or | 1038 |
reverse
previous determinations by the director or at the hearing | 1039 |
officer level. At the review level, the commission may affirm, | 1040 |
modify, or reverse a hearing officer's decision or remand the | 1041 |
decision to the hearing officer level for further hearing. The | 1042 |
commission shall
consider an appeal at the review level under the | 1043 |
following
circumstances: when an appeal is required to be heard | 1044 |
initially
at the review level under this chapter; when the | 1045 |
commission
on its own motion removes an appeal to itself within | 1046 |
twenty-one
days after the hearing officer's decision
is sent; when | 1047 |
the assigned hearing officer refers an appeal to
the commission | 1048 |
before the hearing officer's decision is sent; or when an | 1049 |
interested party files a request for
review with the commission | 1050 |
within twenty-one days after the hearing officer's decision is | 1051 |
sent. | 1052 |
If the commission allows a request for review, the commission | 1061 |
shall
notify
all interested parties of that fact and provide a | 1062 |
reasonable period of time, as the commission defines by rule, in | 1063 |
which
interested parties may file a response. After that period
of | 1064 |
time, the commission, based on the record before it, may do one
of | 1065 |
the following: affirm the decision of the hearing officer;
provide | 1066 |
for the appeal to be heard or reheard at the hearing
officer or | 1067 |
review level; provide for the appeal to be heard at the
review | 1068 |
level as a potential precedential decision; or provide for
the | 1069 |
decision to be rewritten without further hearing at the review | 1070 |
level. When a further hearing is provided or the decision is | 1071 |
rewritten, the commission may affirm, modify, or reverse the | 1072 |
previous decision. | 1073 |
An appeal the commission identifies as potentially | 1079 |
precedential
shall be heard at the review level. In the notice
for | 1080 |
that type
of hearing, the commission shall notify the
director, | 1081 |
all
interested parties, and any other parties, as the
commission | 1082 |
determines appropriate, that the appeal is designated
as | 1083 |
potentially precedential. After the hearing, parties shall be | 1084 |
given the opportunity to submit briefs on the issue or issues | 1085 |
involved. The
commission may designate a decision as
precedential | 1086 |
after issuing the decision or at any point in the appeal process, | 1087 |
even if the commission does not initially identify the appeal as | 1088 |
potentially precedential. | 1089 |
The date of the mailing provided by the director or the | 1104 |
commission
is sufficient evidence upon which to conclude that a | 1105 |
determination,
redetermination, or decision was sent to the party | 1106 |
on that date.
Appeals may be filed with the director, commission, | 1107 |
with an
employee of another state or federal agency charged with | 1108 |
the duty
of accepting claims, or with the unemployment insurance | 1109 |
commission
of Canada. Any timely written notice by an interested | 1110 |
party indicating a
desire to appeal shall be accepted. | 1111 |
The director, commission, or authorized agent must receive | 1112 |
the
appeal within the specified appeal period in order for the | 1113 |
appeal to be
deemed timely filed, except that: if the United | 1114 |
States
postal
service is used as the means of delivery, the | 1115 |
enclosing envelope must have a
postmark date or postal meter | 1116 |
postmark that is on or before the last day of
the specified appeal | 1117 |
period; and where the postmark is illegible
or missing, the appeal | 1118 |
is timely filed if received not later than
the end of the fifth | 1119 |
calendar day following the last day of the
specified appeal | 1120 |
period. | 1121 |
Hearing officers may conduct hearings at either the hearing | 1130 |
officer or
review level in person or by
telephone. The commission | 1131 |
shall adopt rules that designate the
circumstances under which | 1132 |
hearing officers may conduct a hearing by
telephone or grant a | 1133 |
party to the hearing the opportunity to object
to a hearing by | 1134 |
telephone. An interested party whose hearing
would be by
telephone | 1135 |
may elect to have an in-person hearing,
provided that
the party | 1136 |
agrees to have the hearing at the time and
place the
commission | 1137 |
determines pursuant to rule. | 1138 |
Where a party requests that a hearing at either the hearing | 1140 |
officer or
review level be scheduled in the evening
because the | 1141 |
party is employed during the day, the commission shall
schedule | 1142 |
the hearing during hours that the party is not
employed. If a | 1143 |
conflict concerning a request for an evening hearing and an | 1144 |
in-person hearing arises, the commission shall schedule the | 1145 |
hearing by telephone during
evening hours. | 1146 |
For hearings at either the hearing officer or review level, | 1148 |
if the appealing party fails to appear at the hearing, the hearing | 1149 |
officer shall dismiss the appeal. The commission shall vacate the | 1150 |
dismissal upon a showing that written notice of the hearing was | 1151 |
not sent to that party's last known address, or good
cause for the | 1152 |
appellant's failure to appear is shown to the commission within | 1153 |
fourteen days after the hearing date. | 1154 |
If the commission finds that the appealing party's reason for | 1155 |
failing to appear does not constitute good cause for failing to | 1156 |
appear, the commission shall send written notice of that finding, | 1157 |
and the appealing party may request a hearing to present testimony | 1158 |
on the issue of good cause for failing to appear. The appealing | 1159 |
party shall file a request for a hearing on the issue of good | 1160 |
cause for failing to appear within ten days after the commission | 1161 |
sends written notice indicating a finding of no good cause for | 1162 |
failing to appear. | 1163 |
For hearings at either the hearing officer or review level, | 1165 |
if the appellee
fails to appear at the hearing, the hearing | 1166 |
officer shall proceed with the hearing and shall issue a decision | 1167 |
based
on the evidence of record. The commission shall vacate the | 1168 |
decision upon a showing that written notice of the hearing was not | 1169 |
sent to the appellee's last known address, or good
cause for the | 1170 |
appellee's failure to appear is shown to the
commission within | 1171 |
fourteen days after the hearing date. | 1172 |
No finding of fact or law, decision, or order of the | 1177 |
director,
hearing officer, or the commission, or a reviewing court | 1178 |
under this
section or
section 4141.28
of the Revised Code shall be | 1179 |
given
collateral
estoppel or res judicata effect in any
separate | 1180 |
or
subsequent
judicial, administrative, or arbitration proceeding, | 1181 |
other than a
proceeding arising under this chapter. | 1182 |
The time for filing an appeal or a request for review under | 1184 |
this
section or a court appeal under section 4141.282 of the | 1185 |
Revised
Code shall be extended in the manner described in the | 1186 |
following four
sentences. When the last day of an appeal period
is | 1187 |
a Saturday, Sunday, or legal holiday, the appeal period is | 1188 |
extended to the next work day after the Saturday, Sunday, or
legal | 1189 |
holiday. When an interested party provides certified medical | 1190 |
evidence stating that the interested party's physical condition or | 1191 |
mental capacity prevented the interested party from filing an | 1192 |
appeal or request for review under this section within the | 1193 |
appropriate twenty-one-day period, the appeal period is extended | 1194 |
to twenty-one days after the end of the physical or mental | 1195 |
condition, and the appeal or request for review is considered | 1196 |
timely filed if filed within that extended period. When an | 1197 |
interested party provides evidence, which evidence may consist of | 1198 |
testimony from the interested party, that is sufficient to | 1199 |
establish that the party did not actually receive the | 1200 |
determination or decision within the applicable appeal period | 1201 |
under this section, and the director or the commission finds that | 1202 |
the interested party did not actually receive the determination or | 1203 |
decision within the applicable appeal period, then the appeal | 1204 |
period is extended to twenty-one days after the interested party | 1205 |
actually receives the determination or decision. When an | 1206 |
interested party provides evidence, which evidence may consist of | 1207 |
testimony from the interested party, that is sufficient to | 1208 |
establish that the party did not actually receive a decision | 1209 |
within the thirty-day appeal period provided in section 4141.282 | 1210 |
of the Revised Code, and a court of common pleas finds that the | 1211 |
interested party did not actually receive the decision within that | 1212 |
thirty-day appeal period, then the appeal period is extended to | 1213 |
thirty days after the interested party actually receives the | 1214 |
decision. | 1215 |
(II) The individual has
been laid off and the employer who | 1246 |
laid the individual off
has notified the
director within ten days | 1247 |
after the layoff, that
work is
expected to be available for the | 1248 |
individual within a specified
number of days not to exceed | 1249 |
forty-five calendar days following
the last day the individual | 1250 |
worked. In the event the individual
is not recalled within the | 1251 |
specified period, this waiver
shall
cease to be operative with | 1252 |
respect to that layoff. | 1253 |
(b) The individual shall be instructed as to the efforts
that | 1254 |
the individual must make in the search
for suitable work, except | 1255 |
where
the active search for work requirement has been waived under | 1256 |
division (A)(4)(a) of this section, and shall keep a record of | 1257 |
where and when the individual has sought work in complying
with | 1258 |
those
instructions and, upon request, shall produce
that record | 1259 |
for
examination by the director. | 1260 |
(c) An individual who is attending a training course
approved | 1261 |
by the director meets the requirement of
this
division, if | 1262 |
attendance was recommended by the
director
and the individual is | 1263 |
regularly attending the course and is
making satisfactory | 1264 |
progress. An individual also meets the
requirements of this | 1265 |
division if the individual is
participating and
advancing in a | 1266 |
training program, as defined in division (P) of
section 5709.61 of | 1267 |
the Revised Code, and if an enterprise,
defined in division (B) of | 1268 |
section 5709.61 of the Revised Code,
is paying all or part of the | 1269 |
cost of the individual's
participation in the training program | 1270 |
with the intention of
hiring the individual for employment as a | 1271 |
new employee, as
defined in division (L) of section 5709.61 of the | 1272 |
Revised Code,
for at least ninety days after the individual's | 1273 |
completion of the
training program. | 1274 |
(d) An individual who becomes unemployed while attending a | 1275 |
regularly established school and whose base period qualifying | 1276 |
weeks were earned in whole or in part while attending that
school, | 1277 |
meets the availability and active search for work
requirements of | 1278 |
division (A)(4)(a) of this section if the
individual regularly | 1279 |
attends the school during weeks with respect to which the | 1280 |
individual claims unemployment benefits and makes
self available | 1281 |
on any shift of hours for suitable
employment
with the | 1282 |
individual's most recent employer or any other
employer in the | 1283 |
individual's base
period, or for any other suitable employment to | 1284 |
which the
individual is
directed, under this chapter. | 1285 |
(f) Notwithstanding any other provisions of this section,
no | 1289 |
otherwise eligible individual shall be denied benefits for any | 1290 |
week because the individual is in training approved
under section | 1291 |
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. | 1292 |
2296, nor shall that individual be denied benefits by
reason of | 1293 |
leaving work to enter such training, provided the work left is
not | 1294 |
suitable employment, or because of the application to any
week in | 1295 |
training of provisions in this chapter, or any applicable
federal | 1296 |
unemployment compensation law, relating to availability
for work, | 1297 |
active search for work, or refusal to accept work. | 1298 |
For the purposes of division (A)(4)(f) of this section, | 1299 |
"suitable employment" means with respect to an individual, work
of | 1300 |
a substantially equal or higher skill level than the
individual's | 1301 |
past adversely affected employment, as defined for
the purposes of | 1302 |
the "Trade Act of 1974," 88 Stat. 1978, 19
U.S.C.A. 2101, and | 1303 |
wages for such work at not less than eighty
per cent of the | 1304 |
individual's average weekly wage as determined
for the purposes of | 1305 |
that federal act. | 1306 |
(5) Is unable to obtain suitable work.
An individual who is | 1307 |
provided temporary work assignments by the
individual's
employer | 1308 |
under agreed terms and conditions of employment, and who is | 1309 |
required pursuant to those terms and conditions to inquire with | 1310 |
the
individual's employer for available work assignments upon the | 1311 |
conclusion of
each work assignment, is not considered unable to | 1312 |
obtain suitable
employment if suitable work assignments are | 1313 |
available with the employer but
the individual fails to contact | 1314 |
the employer to inquire about work
assignments. | 1315 |
(6) Participates in reemployment services, such as job
search | 1316 |
assistance services, if the individual has been determined
to be | 1317 |
likely to exhaust benefits under this chapter, including | 1318 |
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other
than | 1319 |
extended compensation, and needs reemployment services
pursuant to | 1320 |
the profiling system established by the
director
under division | 1321 |
(K) of this section, unless the
director
determines that: | 1322 |
(B) An individual suffering total or partial unemployment
is | 1326 |
eligible for benefits for unemployment occurring subsequent to
a | 1327 |
waiting period of one week and no benefits shall be payable
during | 1328 |
this required waiting period, but noexcept when the unemployment | 1329 |
during this waiting period is directly attributable to a major | 1330 |
disaster declared by the president of the United States pursuant | 1331 |
to the "Disaster Relief Act of 1974," 88 Stat. 143, 42 U.S.C. | 1332 |
5121. Not more than one week of
waiting period shall be required | 1333 |
of any such individual in any
benefit year in order to establish | 1334 |
the individual's
eligibility for total or
partial unemployment | 1335 |
benefits. | 1336 |
(C) The waiting period for total or partial unemployment | 1337 |
shall commence on the first day of the first week with respect to | 1338 |
which the individual first files a claim for benefits at an | 1339 |
employment office or other place of registration maintained or | 1340 |
designated by the director or on the first day of
the first
week | 1341 |
with respect to which the individual has otherwise filed
a claim | 1342 |
for
benefits in accordance with the rules of the department
of job | 1343 |
and family services, provided
such claim is allowed by the | 1344 |
director. | 1345 |
(a) The individual's unemployment was due to a labor
dispute | 1351 |
other than
a lockout at any factory, establishment, or other | 1352 |
premises
located in this or any other state and owned or operated | 1353 |
by the
employer by which the individual is or was last employed; | 1354 |
and
for so long as
the individual's unemployment is due to such | 1355 |
labor dispute.
No individual
shall be disqualified under this | 1356 |
provision if either of the following
applies: | 1357 |
(i) The individual's employment was with such employer at
any | 1358 |
factory,
establishment, or premises located in this state, owned | 1359 |
or
operated by such employer, other than the factory, | 1360 |
establishment,
or premises at which the labor dispute exists, if | 1361 |
it is shown
that the individual is not financing, participating | 1362 |
in, or
directly
interested in such labor dispute; | 1363 |
(ii) The individual's employment was with an employer not | 1364 |
involved in
the labor dispute but whose place of business was | 1365 |
located within
the same premises as the employer engaged in the | 1366 |
dispute, unless
the individual's employer is a wholly owned | 1367 |
subsidiary of
the employer engaged
in the dispute, or unless the | 1368 |
individual actively
participates in or
voluntarily stops work | 1369 |
because of such dispute. If it is
established that the claimant | 1370 |
was laid off for an indefinite
period and not recalled to work | 1371 |
prior to the dispute, or was
separated by the employer prior to | 1372 |
the dispute for reasons other
than the labor dispute, or that the | 1373 |
individual obtained a
bona fide job with
another employer while | 1374 |
the dispute was still in progress, such
labor dispute shall not | 1375 |
render the employee ineligible for
benefits. | 1376 |
(iii) The individual has left employment to
accept a recall | 1395 |
from a
prior employer or, except as provided in division | 1396 |
(D)(2)(a)(iv) of this section, to accept other employment
as | 1397 |
provided under
section 4141.291 of the Revised Code, or left or | 1398 |
was separated
from employment that was concurrent employment at | 1399 |
the time
of the most recent separation or within six weeks prior | 1400 |
to the most
recent separation where the remuneration, hours, or | 1401 |
other
conditions of such concurrent employment were substantially | 1402 |
less
favorable than the individual's most recent employment and | 1403 |
where such employment, if offered as new work, would be considered | 1404 |
not
suitable under the provisions of divisions (E) and (F) of this | 1405 |
section. Any benefits that would otherwise be chargeable
to the | 1406 |
account of the employer from whom an individual has left | 1407 |
employment or was separated from employment that was concurrent | 1408 |
employment under conditions described in division
(D)(2)(a)(iii) | 1409 |
of this section, shall instead be charged
to the mutualized | 1410 |
account created by division (B) of section 4141.25 of the
Revised | 1411 |
Code, except that any benefits chargeable to the account of a | 1412 |
reimbursing employer under division (D)(2)(a)(iii) of this
section | 1413 |
shall be charged to the account of the reimbursing
employer and | 1414 |
not to the mutualized account, except as
provided in division | 1415 |
(D)(2) of section 4141.24 of the Revised Code. | 1416 |
(iv) When an individual has been issued a definite
layoff | 1417 |
date by the individual's employer and before the layoff
date, the | 1418 |
individual quits to accept other employment, the provisions of | 1419 |
division
(D)(2)(a)(iii) of this section apply and no | 1420 |
disqualification
shall be imposed under division (D) of this | 1421 |
section. However, if
the individual fails to meet the employment | 1422 |
and earnings
requirements of division (A)(2) of section 4141.291 | 1423 |
of the
Revised Code, then the individual, pursuant to division | 1424 |
(A)(5) of this section, shall be ineligible for benefits for any | 1425 |
week
of unemployment that occurs prior to the layoff date. | 1426 |
(b) The individual has refused without good cause to accept | 1427 |
an offer
of suitable work when made by an employer either in | 1428 |
person or to
the individual's last known address, or has refused | 1429 |
or
failed to investigate a
referral to suitable work when directed | 1430 |
to do so by a local
employment office of this state or another | 1431 |
state, provided that
this division shall not cause a | 1432 |
disqualification for a waiting
week or benefits under the | 1433 |
following circumstances: | 1434 |
(ii) When the individual is attending a vocational
training | 1438 |
course pursuant to division (A)(4) of this section
except, in the | 1439 |
event of a refusal to accept an offer of suitable
work or a | 1440 |
refusal or failure to investigate a referral, benefits
thereafter | 1441 |
paid to such individual shall not be charged to the
account of any | 1442 |
employer and, except as provided in division
(B)(1)(b) of section | 1443 |
4141.241 of the Revised Code, shall be
charged to the mutualized | 1444 |
account as provided in division
(B) of
section 4141.25 of the | 1445 |
Revised Code. | 1446 |
(f) The individual became unemployed because of dishonesty
in | 1455 |
connection with the individual's most recent or any base
period | 1456 |
work. Remuneration earned in such work shall be excluded from
the | 1457 |
individual's total base period remuneration and qualifying weeks | 1458 |
that otherwise would be credited to
the individual for such
work | 1459 |
in the individual's base period shall not be credited for
the | 1460 |
purpose of determining the total benefits to which the
individual | 1461 |
is eligible and the weekly benefit amount to be paid
under section | 1462 |
4141.30 of the Revised Code. Such excluded
remuneration and | 1463 |
noncredited qualifying weeks shall be excluded
from the | 1464 |
calculation of the maximum amount to be charged, under
division | 1465 |
(D) of section 4141.24 and section 4141.33 of the
Revised Code, | 1466 |
against the accounts of the individual's base
period employers. In | 1467 |
addition, no benefits shall thereafter be
paid to the individual | 1468 |
based upon such excluded
remuneration or
noncredited qualifying | 1469 |
weeks. | 1470 |
(F) Subject to the special exceptions contained in
division | 1493 |
(A)(4)(f) of this section and section 4141.301 of the
Revised | 1494 |
Code, in determining whether any work is suitable for a
claimant | 1495 |
in the administration of this chapter, the
director, in addition | 1496 |
to the determination required under division
(E) of this section, | 1497 |
shall consider the degree of risk to the
claimant's health, | 1498 |
safety, and morals, the individual's
physical fitness for
the | 1499 |
work, the individual's prior training and experience,
the length | 1500 |
of the individual's
unemployment, the distance of the available | 1501 |
work from the
individual's
residence, and the individual's | 1502 |
prospects for obtaining
local work. | 1503 |
(G) The "duration of unemployment" as used in this
section | 1504 |
means the full period of unemployment next ensuing after
a | 1505 |
separation from any base period or subsequent work and until an | 1506 |
individual has become reemployed in employment subject to this | 1507 |
chapter, or the unemployment compensation act of another state,
or | 1508 |
of the United States, and until such individual has worked six | 1509 |
weeks and for those weeks has earned or been paid
remuneration | 1510 |
equal to six times an average weekly wage of not less than: | 1511 |
eighty-five dollars and ten cents per week beginning on June 26, | 1512 |
1990; and beginning on and after January 1, 1992, twenty-seven
and | 1513 |
one-half per cent of the statewide average weekly wage as
computed | 1514 |
each first day of January under division (B)(3) of
section 4141.30 | 1515 |
of the Revised Code, rounded down to the nearest
dollar, except | 1516 |
for purposes of division (D)(2)(c) of this
section, such term | 1517 |
means the full period of unemployment next
ensuing after a | 1518 |
separation from such work and until such
individual has become | 1519 |
reemployed subject to the terms set forth
above, and has earned | 1520 |
wages equal to one-half of the
individual's average
weekly wage or | 1521 |
sixty dollars, whichever is less. | 1522 |
(H) If a claimant is disqualified under division
(D)(2)(a), | 1523 |
(c), or (e) of this section or found to be qualified
under the | 1524 |
exceptions provided in division (D)(2)(a)(i),
(iii), or (iv) of | 1525 |
this section or division (A)(2) of section
4141.291 of the Revised | 1526 |
Code, then benefits that may
become
payable to such claimant, | 1527 |
which are chargeable to the account of
the employer from whom the | 1528 |
individual was separated under
such conditions,
shall be charged | 1529 |
to the mutualized account provided in section
4141.25 of the | 1530 |
Revised Code, provided that no charge shall be
made to the | 1531 |
mutualized account for benefits chargeable to a
reimbursing | 1532 |
employer, except as provided in division (D)(2)
of
section 4141.24 | 1533 |
of the Revised Code. In the case of a
reimbursing employer, the | 1534 |
director shall refund or
credit to
the account of the reimbursing | 1535 |
employer any over-paid benefits
that are recovered under division | 1536 |
(B) of section 4141.35 of the
Revised Code. | 1537 |
(a) Benefits based on service in an instructional,
research, | 1544 |
or principal administrative capacity in an institution
of higher | 1545 |
education, as defined in division (Y) of section
4141.01 of the | 1546 |
Revised Code; or for an educational institution as
defined in | 1547 |
division (CC) of section 4141.01 of the Revised Code,
shall not be | 1548 |
paid to any individual for any week of unemployment
that begins | 1549 |
during the period between two successive
academic
years or terms, | 1550 |
or during a similar period between two regular
but not successive | 1551 |
terms or during a period of paid sabbatical
leave provided for in | 1552 |
the individual's contract, if the
individual performs such | 1553 |
services in the first of those
academic
years or terms and has a | 1554 |
contract or a reasonable assurance that
the individual will | 1555 |
perform services in any such capacity for any
such institution in | 1556 |
the second of those academic years or
terms. | 1557 |
(b) Benefits based on service for an educational
institution | 1558 |
or an institution of higher education in other than
an | 1559 |
instructional, research, or principal administrative capacity, | 1560 |
shall not be paid to any individual for any week of unemployment | 1561 |
which begins during the period between two successive academic | 1562 |
years or terms of the employing educational institution or | 1563 |
institution of higher education, provided the individual
performed | 1564 |
those services for the educational institution or
institution of | 1565 |
higher education during the first such academic
year or term and, | 1566 |
there is a reasonable assurance that such
individual will perform | 1567 |
those services for any educational
institution or institution of | 1568 |
higher education in the second of
such academic years or terms. | 1569 |
If compensation is denied to any individual for any week | 1570 |
under division (I)(1)(b) of this section and the individual was | 1571 |
not offered an opportunity to perform those services for an | 1572 |
institution of higher education or for an educational institution | 1573 |
for the second of such academic years or terms, the individual is | 1574 |
entitled to a retroactive payment of compensation for each week | 1575 |
for which the individual timely filed a claim for compensation
and | 1576 |
for which compensation was denied solely by reason of
division | 1577 |
(I)(1)(b) of this section. An application for
retroactive benefits | 1578 |
shall be timely filed if received by the
director or the | 1579 |
director's deputy within or prior
to the end of the
fourth full | 1580 |
calendar week after the end of the period for which
benefits were | 1581 |
denied because of reasonable assurance of
employment. The | 1582 |
provision for the payment of retroactive
benefits under division | 1583 |
(I)(1)(b) of this section is applicable
to weeks of unemployment | 1584 |
beginning on and after November 18,
1983. The provisions under | 1585 |
division (I)(1)(b) of this section
shall be retroactive to | 1586 |
September 5, 1982, only if, as a
condition for full tax credit | 1587 |
against the tax imposed by the
"Federal Unemployment Tax Act," 53 | 1588 |
Stat. 183 (1939), 26 U.S.C.A.
3301 to 3311, the United States | 1589 |
secretary of labor determines
that
retroactivity is required by | 1590 |
federal law. | 1591 |
(c) With respect to weeks of unemployment beginning after | 1592 |
December 31, 1977, benefits shall be denied to any individual for | 1593 |
any week which commences during an established and customary | 1594 |
vacation period or holiday recess, if the individual performs any | 1595 |
services described in divisions (I)(1)(a) and (b) of this section | 1596 |
in the period immediately before the vacation period or holiday | 1597 |
recess, and there is a reasonable assurance that the individual | 1598 |
will perform any such services in the period immediately
following | 1599 |
the vacation period or holiday recess. | 1600 |
(d) With respect to any services described in division | 1601 |
(I)(1)(a), (b), or (c) of this section, benefits payable on the | 1602 |
basis of services in any such capacity shall be denied as | 1603 |
specified in division (I)(1)(a), (b), or (c) of this section to | 1604 |
any individual who performs such services in an educational | 1605 |
institution or institution of higher education while in the
employ | 1606 |
of an educational service agency. For this purpose, the
term | 1607 |
"educational service agency" means a governmental agency or | 1608 |
governmental entity that is established and operated
exclusively | 1609 |
for the purpose of providing services to one or more educational | 1610 |
institutions or one or more institutions of higher education. | 1611 |
(2) No disqualification will be imposed, between academic | 1616 |
years or terms or during a vacation period or holiday recess
under | 1617 |
this division, unless the director or the
director's deputy has | 1618 |
received a statement in writing from the educational institution | 1619 |
or institution of higher education that the claimant has a | 1620 |
contract for, or a reasonable assurance of, reemployment for the | 1621 |
ensuing academic year or term. | 1622 |
(3) If an individual has employment with an educational | 1623 |
institution or an institution of higher education and employment | 1624 |
with a noneducational employer, during the base period of the | 1625 |
individual's benefit year, then the individual may become
eligible | 1626 |
for benefits during the between-term, or vacation or
holiday | 1627 |
recess, disqualification period, based on employment
performed for | 1628 |
the noneducational employer, provided that the
employment is | 1629 |
sufficient to qualify the individual for benefit
rights separately | 1630 |
from the benefit rights based on school
employment. The weekly | 1631 |
benefit amount and maximum benefits
payable during a | 1632 |
disqualification period shall be computed based
solely on the | 1633 |
nonschool employment. | 1634 |
(J) Benefits shall not be paid on the basis of employment | 1635 |
performed by an alien, unless the alien had been lawfully
admitted | 1636 |
to the United States for permanent residence at the time
the | 1637 |
services were performed, was lawfully present for purposes of | 1638 |
performing the services, or was otherwise permanently residing in | 1639 |
the United States under color of law at the time the services
were | 1640 |
performed, under section 212(d)(5) of the "Immigration and | 1641 |
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: | 1642 |
Sec. 3. Notwithstanding division (R)(2) of section 4141.01
of | 1673 |
the Revised Code as amended by this actS.B. 99 of the 124th | 1674 |
General Assembly, the Director of Job
and Family Services may | 1675 |
specify that the provisions of that
division are applicable for | 1676 |
the determination of benefit rights
involving benefit years | 1677 |
beginning on or before December 28, 200326, 2004,
if the Director | 1678 |
determines that the technological systems
necessary to effect the | 1679 |
purposes of that division are operational
and sufficiently | 1680 |
adequate to assure no interruption in the
discharge of the duties | 1681 |
of the Director and the Department of Job
and Family Services | 1682 |
under Chapter 4141. of the Revised Code. | 1683 |