Rule 300-2-9-.06. Vacation

1. (1) An individual shall not be considered available for work if on vacation. An individual shall not be considered to be on vacation if the employer-employee relationship no longer exists. However, this relationship shall be deemed to exist if:

   1. (a) An employer is submitting Form DOL-408 for partial unemployment on behalf of the individual; or
   2. (b) The individual has a firm return to work date within six (6) weeks of the date the individual last worked for the employer.

2. (2) No individual shall receive unemployment insurance:

   1. (a) While on vacation at his own request regardless of whether or not the individual was paid by or on behalf of the employer during the vacation period; or
   2. (b) For any week of vacation if paid vacation pay.
3. (3) When an individual is separated, any money paid for previously accrued vacation rights will not affect claimant's benefit payments.

4. (4) Any claimant who is not receiving pay during a period of vacation shutdown shall not be denied benefits for any weeks of such shutdown unless the employer has established a vacation plan as set forth in OCGA Section 34-8-195(a)(3)(A).

   1. (a) For purposes of computing two (2) weeks discussed in OCGA Section 34-8-195(a)(3)(B), if the last week of December has three (3) or more work days, that week is to be considered in the prior calendar year, even though the week ending date is in January of the current calendar year.

Authority: O.C.G.A. Secs. 34-8-70, 34-8-170, 34-8-190.

History. Original Rule entitled "Definitions" was filed January 9, 1989; effective January 29, 1989.

Repealed: New Rule entitled "Vacation" adopted. F. Aug. 28, 1992; eff. Sept. 17, 1992.

Amended: F. Jun. 25, 1998; eff. July 15, 1998.