Benefits
Effective May 20, 2016Mass. Register #1313MGL c. 23, § 9J MGL c. 151A, §§ 1 and 24Department of Unemployment Assistance
(1) For benefit years beginning after January 1, 1993, benefits based on seasonal employment may be paid to an otherwise eligible individual only:
- (a) following a non-disqualifying separation which occurs during the seasonal period for which the individual was hired; or
- (b) during the next regularly recurring seasonal period following the seasonal period in which the individual earned his wage credits.
- (2) If a claim for benefits is filed outside the operating period of seasonal employment, benefits may be paid on the basis of non-seasonal wages only. A seasonal determination shall not affect the benefit rights of seasonal workers to collect unemployment benefits with respect to non-seasonal employment.
- (3) When there is a transfer either from seasonal to non-seasonal work or from non-seasonal to seasonal work for the same employer without break or intermission, the claimant's benefits shall be based on all wages paid by the employer.
- (4) There is no continuing employer employee relationship once a seasonal period has ended unless such seasonal employee continues in employment with the same employer following the seasonal period.
- (5) If an unemployed individual refuses a recall to a prior seasonal employer, such refusal shall be considered under M.G.L. c. 151A, § 25(c).