(ii) The director may waive the requirement that a claimant | 29 |
be actively seeking work when the director finds that the | 30 |
individual has been laid off and the employer who laid the | 31 |
individual off has notified the director within ten days after the | 32 |
layoff, that work is expected to be available for the individual | 33 |
within a specified number of days not to exceed forty-five | 34 |
calendar days following the last day the individual worked. In the | 35 |
event the individual is not recalled within the specified period, | 36 |
this waiver shall cease to be operative with respect to that | 37 |
layoff. | 38 |
(b) The individual shall be instructed as to the efforts that | 39 |
the individual must make in the search for suitable work, except | 40 |
where the active search for work requirement has been waived under | 41 |
division (A)(4)(a) of this section, and shall keep a record of | 42 |
where and when the individual has sought work in complying with | 43 |
those instructions and, upon request, shall produce that record | 44 |
for examination by the director. | 45 |
(c) An individual who is attending a training course approved | 46 |
by the director meets the requirement of this division, if | 47 |
attendance was recommended by the director and the individual is | 48 |
regularly attending the course and is making satisfactory | 49 |
progress. An individual also meets the requirements of this | 50 |
division if the individual is participating and advancing in a | 51 |
training program, as defined in division (P) of section 5709.61 of | 52 |
the Revised Code, and if an enterprise, defined in division (B) of | 53 |
section 5709.61 of the Revised Code, is paying all or part of the | 54 |
cost of the individual's participation in the training program | 55 |
with the intention of hiring the individual for employment as a | 56 |
new employee, as defined in division (L) of section 5709.61 of the | 57 |
Revised Code, for at least ninety days after the individual's | 58 |
completion of the training program. | 59 |
(d) An individual who becomes unemployed while attending a | 60 |
regularly established school and whose base period qualifying | 61 |
weeks were earned in whole or in part while attending that school, | 62 |
meets the availability and active search for work requirements of | 63 |
division (A)(4)(a) of this section if the individual regularly | 64 |
attends the school during weeks with respect to which the | 65 |
individual claims unemployment benefits and makes self available | 66 |
on any shift of hours for suitable employment with the | 67 |
individual's most recent employer or any other employer in the | 68 |
individual's base period, or for any other suitable employment to | 69 |
which the individual is directed, under this chapter. | 70 |
(f) Notwithstanding any other provisions of this section, no | 74 |
otherwise eligible individual shall be denied benefits for any | 75 |
week because the individual is in training approved under section | 76 |
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. | 77 |
2296, nor shall that individual be denied benefits by reason of | 78 |
leaving work to enter such training, provided the work left is not | 79 |
suitable employment, or because of the application to any week in | 80 |
training of provisions in this chapter, or any applicable federal | 81 |
unemployment compensation law, relating to availability for work, | 82 |
active search for work, or refusal to accept work. | 83 |
For the purposes of division (A)(4)(f) of this section, | 84 |
"suitable employment" means with respect to an individual, work of | 85 |
a substantially equal or higher skill level than the individual's | 86 |
past adversely affected employment, as defined for the purposes of | 87 |
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and | 88 |
wages for such work at not less than eighty per cent of the | 89 |
individual's average weekly wage as determined for the purposes of | 90 |
that federal act. | 91 |
(5) Is unable to obtain suitable work. An individual who is | 92 |
provided temporary work assignments by the individual's employer | 93 |
under agreed terms and conditions of employment, and who is | 94 |
required pursuant to those terms and conditions to inquire with | 95 |
the individual's employer for available work assignments upon the | 96 |
conclusion of each work assignment, is not considered unable to | 97 |
obtain suitable employment if suitable work assignments are | 98 |
available with the employer but the individual fails to contact | 99 |
the employer to inquire about work assignments. | 100 |
(6) Participates in reemployment services, such as job search | 101 |
assistance services, if the individual has been determined to be | 102 |
likely to exhaust benefits under this chapter, including | 103 |
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than | 104 |
extended compensation, and needs reemployment services pursuant to | 105 |
the profiling system established by the director under division | 106 |
(K) of this section, unless the director determines that: | 107 |
(C) The waiting period for total or partial unemployment | 118 |
shall commence on the first day of the first week with respect to | 119 |
which the individual first files a claim for benefits at an | 120 |
employment office or other place of registration maintained or | 121 |
designated by the director or on the first day of the first week | 122 |
with respect to which the individual has otherwise filed a claim | 123 |
for benefits in accordance with the rules of the department of job | 124 |
and family services, provided such claim is allowed by the | 125 |
director. | 126 |
(a) The individual's unemployment was due to a labor dispute | 132 |
other than a lockout at any factory, establishment, or other | 133 |
premises located in this or any other state and owned or operated | 134 |
by the employer by which the individual is or was last employed; | 135 |
and for so long as the individual's unemployment is due to such | 136 |
labor dispute. No individual shall be disqualified under this | 137 |
provision if either of the following applies: | 138 |
(i) The individual's employment was with such employer at any | 139 |
factory, establishment, or premises located in this state, owned | 140 |
or operated by such employer, other than the factory, | 141 |
establishment, or premises at which the labor dispute exists, if | 142 |
it is shown that the individual is not financing, participating | 143 |
in, or directly interested in such labor dispute; | 144 |
(ii) The individual's employment was with an employer not | 145 |
involved in the labor dispute but whose place of business was | 146 |
located within the same premises as the employer engaged in the | 147 |
dispute, unless the individual's employer is a wholly owned | 148 |
subsidiary of the employer engaged in the dispute, or unless the | 149 |
individual actively participates in or voluntarily stops work | 150 |
because of such dispute. If it is established that the claimant | 151 |
was laid off for an indefinite period and not recalled to work | 152 |
prior to the dispute, or was separated by the employer prior to | 153 |
the dispute for reasons other than the labor dispute, or that the | 154 |
individual obtained a bona fide job with another employer while | 155 |
the dispute was still in progress, such labor dispute shall not | 156 |
render the employee ineligible for benefits. | 157 |
(iii) The individual has left employment to accept a recall | 180 |
from a prior employer or, except as provided in division | 181 |
(D)(2)(a)(iv) of this section, to accept other employment as | 182 |
provided under section 4141.291 of the Revised Code, or left or | 183 |
was separated from employment that was concurrent employment at | 184 |
the time of the most recent separation or within six weeks prior | 185 |
to the most recent separation where the remuneration, hours, or | 186 |
other conditions of such concurrent employment were substantially | 187 |
less favorable than the individual's most recent employment and | 188 |
where such employment, if offered as new work, would be considered | 189 |
not suitable under the provisions of divisions (E) and (F) of this | 190 |
section. Any benefits that would otherwise be chargeable to the | 191 |
account of the employer from whom an individual has left | 192 |
employment or was separated from employment that was concurrent | 193 |
employment under conditions described in division (D)(2)(a)(iii) | 194 |
of this section, shall instead be charged to the mutualized | 195 |
account created by division (B) of section 4141.25 of the Revised | 196 |
Code, except that any benefits chargeable to the account of a | 197 |
reimbursing employer under division (D)(2)(a)(iii) of this section | 198 |
shall be charged to the account of the reimbursing employer and | 199 |
not to the mutualized account, except as provided in division | 200 |
(D)(2) of section 4141.24 of the Revised Code. | 201 |
(iv) When an individual has been issued a definite layoff | 202 |
date by the individual's employer and before the layoff date, the | 203 |
individual quits to accept other employment, the provisions of | 204 |
division (D)(2)(a)(iii) of this section apply and no | 205 |
disqualification shall be imposed under division (D) of this | 206 |
section. However, if the individual fails to meet the employment | 207 |
and earnings requirements of division (A)(2) of section 4141.291 | 208 |
of the Revised Code, then the individual, pursuant to division | 209 |
(A)(5) of this section, shall be ineligible for benefits for any | 210 |
week of unemployment that occurs prior to the layoff date. | 211 |
(b) The individual has refused without good cause to accept | 216 |
an offer of suitable work when made by an employer either in | 217 |
person or to the individual's last known address, or has refused | 218 |
or failed to investigate a referral to suitable work when directed | 219 |
to do so by a local employment office of this state or another | 220 |
state, provided that this division shall not cause a | 221 |
disqualification for a waiting week or benefits under the | 222 |
following circumstances: | 223 |
(ii) When the individual is attending a training course | 227 |
pursuant to division (A)(4) of this section except, in the event | 228 |
of a refusal to accept an offer of suitable work or a refusal or | 229 |
failure to investigate a referral, benefits thereafter paid to | 230 |
such individual shall not be charged to the account of any | 231 |
employer and, except as provided in division (B)(1)(b) of section | 232 |
4141.241 of the Revised Code, shall be charged to the mutualized | 233 |
account as provided in division (B) of section 4141.25 of the | 234 |
Revised Code. | 235 |
(e) The individual became unemployed because of dishonesty in | 240 |
connection with the individual's most recent or any base period | 241 |
work. Remuneration earned in such work shall be excluded from the | 242 |
individual's total base period remuneration and qualifying weeks | 243 |
that otherwise would be credited to the individual for such work | 244 |
in the individual's base period shall not be credited for the | 245 |
purpose of determining the total benefits to which the individual | 246 |
is eligible and the weekly benefit amount to be paid under section | 247 |
4141.30 of the Revised Code. Such excluded remuneration and | 248 |
noncredited qualifying weeks shall be excluded from the | 249 |
calculation of the maximum amount to be charged, under division | 250 |
(D) of section 4141.24 and section 4141.33 of the Revised Code, | 251 |
against the accounts of the individual's base period employers. In | 252 |
addition, no benefits shall thereafter be paid to the individual | 253 |
based upon such excluded remuneration or noncredited qualifying | 254 |
weeks. | 255 |
(F) Subject to the special exceptions contained in division | 278 |
(A)(4)(f) of this section and section 4141.301 of the Revised | 279 |
Code, in determining whether any work is suitable for a claimant | 280 |
in the administration of this chapter, the director, in addition | 281 |
to the determination required under division (E) of this section, | 282 |
shall consider the degree of risk to the claimant's health, | 283 |
safety, and morals, the individual's physical fitness for the | 284 |
work, the individual's prior training and experience, the length | 285 |
of the individual's unemployment, the distance of the available | 286 |
work from the individual's residence, and the individual's | 287 |
prospects for obtaining local work. | 288 |
(G) The "duration of unemployment" as used in this section | 289 |
means the full period of unemployment next ensuing after a | 290 |
separation from any base period or subsequent work and until an | 291 |
individual has become reemployed in employment subject to this | 292 |
chapter, or the unemployment compensation act of another state, or | 293 |
of the United States, and until such individual has worked six | 294 |
weeks and for those weeks has earned or been paid remuneration | 295 |
equal to six times an average weekly wage of not less than: | 296 |
eighty-five dollars and ten cents per week beginning on June 26, | 297 |
1990; and beginning on and after January 1, 1992, twenty-seven and | 298 |
one-half per cent of the statewide average weekly wage as computed | 299 |
each first day of January under division (B)(3) of section 4141.30 | 300 |
of the Revised Code, rounded down to the nearest dollar, except | 301 |
for purposes of division (D)(2)(c) of this section, such term | 302 |
means the full period of unemployment next ensuing after a | 303 |
separation from such work and until such individual has become | 304 |
reemployed subject to the terms set forth above, and has earned | 305 |
wages equal to one-half of the individual's average weekly wage or | 306 |
sixty dollars, whichever is less. | 307 |
(H) If a claimant is disqualified under division (D)(2)(a), | 308 |
(c), or (d) of this section or found to be qualified under the | 309 |
exceptions provided in division (D)(2)(a)(i), (iii), or (iv), or | 310 |
(v) of this section or division (A)(2) of section 4141.291 of the | 311 |
Revised Code, then benefits that may become payable to such | 312 |
claimant, which are chargeable to the account of the employer from | 313 |
whom the individual was separated under such conditions, shall be | 314 |
charged to the mutualized account provided in section 4141.25 of | 315 |
the Revised Code, provided that no charge shall be made to the | 316 |
mutualized account for benefits chargeable to a reimbursing | 317 |
employer, except as provided in division (D)(2) of section 4141.24 | 318 |
of the Revised Code. In the case of a reimbursing employer, the | 319 |
director shall refund or credit to the account of the reimbursing | 320 |
employer any over-paid benefits that are recovered under division | 321 |
(B) of section 4141.35 of the Revised Code. Amounts chargeable to | 322 |
other states, the United States, or Canada that are subject to | 323 |
agreements and arrangements that are established pursuant to | 324 |
section 4141.43 of the Revised Code shall be credited or | 325 |
reimbursed according to the agreements and arrangements to which | 326 |
the chargeable amounts are subject. | 327 |
(a) Benefits based on service in an instructional, research, | 334 |
or principal administrative capacity in an institution of higher | 335 |
education, as defined in division (Y) of section 4141.01 of the | 336 |
Revised Code; or for an educational institution as defined in | 337 |
division (CC) of section 4141.01 of the Revised Code, shall not be | 338 |
paid to any individual for any week of unemployment that begins | 339 |
during the period between two successive academic years or terms, | 340 |
or during a similar period between two regular but not successive | 341 |
terms or during a period of paid sabbatical leave provided for in | 342 |
the individual's contract, if the individual performs such | 343 |
services in the first of those academic years or terms and has a | 344 |
contract or a reasonable assurance that the individual will | 345 |
perform services in any such capacity for any such institution in | 346 |
the second of those academic years or terms. | 347 |
(b) Benefits based on service for an educational institution | 348 |
or an institution of higher education in other than an | 349 |
instructional, research, or principal administrative capacity, | 350 |
shall not be paid to any individual for any week of unemployment | 351 |
which begins during the period between two successive academic | 352 |
years or terms of the employing educational institution or | 353 |
institution of higher education, provided the individual performed | 354 |
those services for the educational institution or institution of | 355 |
higher education during the first such academic year or term and, | 356 |
there is a reasonable assurance that such individual will perform | 357 |
those services for any educational institution or institution of | 358 |
higher education in the second of such academic years or terms. | 359 |
If compensation is denied to any individual for any week | 360 |
under division (I)(1)(b) of this section and the individual was | 361 |
not offered an opportunity to perform those services for an | 362 |
institution of higher education or for an educational institution | 363 |
for the second of such academic years or terms, the individual is | 364 |
entitled to a retroactive payment of compensation for each week | 365 |
for which the individual timely filed a claim for compensation and | 366 |
for which compensation was denied solely by reason of division | 367 |
(I)(1)(b) of this section. An application for retroactive benefits | 368 |
shall be timely filed if received by the director or the | 369 |
director's deputy within or prior to the end of the fourth full | 370 |
calendar week after the end of the period for which benefits were | 371 |
denied because of reasonable assurance of employment. The | 372 |
provision for the payment of retroactive benefits under division | 373 |
(I)(1)(b) of this section is applicable to weeks of unemployment | 374 |
beginning on and after November 18, 1983. The provisions under | 375 |
division (I)(1)(b) of this section shall be retroactive to | 376 |
September 5, 1982, only if, as a condition for full tax credit | 377 |
against the tax imposed by the "Federal Unemployment Tax Act," 53 | 378 |
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States | 379 |
secretary of labor determines that retroactivity is required by | 380 |
federal law. | 381 |
(c) With respect to weeks of unemployment beginning after | 382 |
December 31, 1977, benefits shall be denied to any individual for | 383 |
any week which commences during an established and customary | 384 |
vacation period or holiday recess, if the individual performs any | 385 |
services described in divisions (I)(1)(a) and (b) of this section | 386 |
in the period immediately before the vacation period or holiday | 387 |
recess, and there is a reasonable assurance that the individual | 388 |
will perform any such services in the period immediately following | 389 |
the vacation period or holiday recess. | 390 |
(d) With respect to any services described in division | 391 |
(I)(1)(a), (b), or (c) of this section, benefits payable on the | 392 |
basis of services in any such capacity shall be denied as | 393 |
specified in division (I)(1)(a), (b), or (c) of this section to | 394 |
any individual who performs such services in an educational | 395 |
institution or institution of higher education while in the employ | 396 |
of an educational service agency. For this purpose, the term | 397 |
"educational service agency" means a governmental agency or | 398 |
governmental entity that is established and operated exclusively | 399 |
for the purpose of providing services to one or more educational | 400 |
institutions or one or more institutions of higher education. | 401 |
(2) No disqualification will be imposed, between academic | 411 |
years or terms or during a vacation period or holiday recess under | 412 |
this division, unless the director or the director's deputy has | 413 |
received a statement in writing from the educational institution | 414 |
or institution of higher education that the claimant has a | 415 |
contract for, or a reasonable assurance of, reemployment for the | 416 |
ensuing academic year or term. | 417 |
(3) If an individual has employment with an educational | 418 |
institution or an institution of higher education and employment | 419 |
with a noneducational employer, during the base period of the | 420 |
individual's benefit year, then the individual may become eligible | 421 |
for benefits during the between-term, or vacation or holiday | 422 |
recess, disqualification period, based on employment performed for | 423 |
the noneducational employer, provided that the employment is | 424 |
sufficient to qualify the individual for benefit rights separately | 425 |
from the benefit rights based on school employment. The weekly | 426 |
benefit amount and maximum benefits payable during a | 427 |
disqualification period shall be computed based solely on the | 428 |
nonschool employment. | 429 |
(J) Benefits shall not be paid on the basis of employment | 430 |
performed by an alien, unless the alien had been lawfully admitted | 431 |
to the United States for permanent residence at the time the | 432 |
services were performed, was lawfully present for purposes of | 433 |
performing the services, or was otherwise permanently residing in | 434 |
the United States under color of law at the time the services were | 435 |
performed, under section 212(d)(5) of the "Immigration and | 436 |
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101: | 437 |
Section 3. Section 4141.29 of the Revised Code is presented | 465 |
in this act as a composite of the section as amended by both Sub. | 466 |
H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly. The | 467 |
General Assembly, applying the principle stated in division (B) of | 468 |
section 1.52 of the Revised Code that amendments are to be | 469 |
harmonized if reasonably capable of simultaneous operation, finds | 470 |
that the composite is the resulting version of the section in | 471 |
effect prior to the effective date of the section as presented in | 472 |
this act. | 473 |