PURPOSE: This rule prescribes registration and reporting requirements as conditions to claiming benefits during a mass layoff due to temporary cessation of work. This rule provides for claim week corresponding to employer payroll week and furnishing of certain forms by the employer for use in claiming benefits under the previous conditions. This rule implements sections 288.030, 288.040, 288.070 and 288.130, RSMo.

1. (1) An employer who has submitted a written application to the division in a form acceptable to the division for approval, filed all reports required to be filed under Chapter 288, RSMo and these rules for all past and current periods, and has paid all contributions due for all past and current periods, may provide the division form Notice of Partial or Temporary Total Unemployment to workers when—

   1. (A) Because of a lack of work, the employer has laid off five (5) or more workers at or about the same time for a period not expected to exceed eight (8) consecutive weeks, or for a longer period if approved in writing by the division director or his/her designee; or INDUSTRIAL RELATIONS
   2. (B) The employer has provided a worker at least eight (8) hours less than full-time work due to a lack of work during the week.
2. (2) A claimant’s week of unemployment for the purpose of this rule shall consist of the payroll week used by his/her employer. The term payroll week shall be deemed to refer to the seven (7) consecutive calendar-day period used by an employer who pays wages on a weekly or biweekly basis and to a calendar week (commencing on Sunday and ending on Saturday) where the employer pays wages on any other basis.
3. (3) Any individual who has made claims under this rule shall appear in person at any employment office at any time as directed by the division. Failure to appear as directed without good cause shall result in the claimant being held ineligible for those weeks prior to his/her reporting.
4. (4) Any worker who is entitled to receive the division’s form Notice of Partial or Temporary Total Unemployment, as provided in section (1), but who is not given that form, may file a claim in person at any office of the division. Provided s/he files the claim within twenty-eight (28) days following the end of his/her week of unemployment, the worker shall be considered to have also filed an initial or renewed claim effective the first day of the week for which s/he was entitled to receive, but was not given, the division’s form Notice of Partial or Temporary Total Unemployment.

AUTHORITY: sections 288.030, 288.040, 288.070, 288.130 and 288.220.5, RSMo 1994.* Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. Amended: Filed June 20, 1951, effective July 1, 1951. Amended: Filed Aug. 1, 1957, effective Aug. 29, 1957. Amended: Filed April 17, 1958, effective April 27, 1958. Amended: Filed Sept. 10, 1959, effective Sept. 20, 1959. Amended: Filed Feb. 20, 1964, effective March 1, 1964. Amended: Filed Nov. 18, 1966, effective Nov. 28, 1966. Amended: Filed Jan. 15, 1971, effective Jan. 25, 1971. Amended: Filed Aug. 30, 1974, effective Sept. 9, 1974. Amended: Filed Nov. 21, 1975, effective Dec. 1, 1975. Amended: Filed July 7, 1982, effective Oct. 11, 1982. Amended: Filed July 17, 1985, effective Nov. 11, 1985. Amended: Filed Oct. 23, 1987, effective Jan. 14, 1988. Amended: Filed Aug. 31, 1990, effective Dec. 31, 1990. *Original authority: 288.030, RSMo 1951, amended 1957, 1959, 1965, 1972, 1974, 1975, 1977, 1979, 1984, 1986, 1987, 1988; 288.040, RSMo 1951, amended 1957, 1965, 1967, 1969, 1972, 1975, 1977, 1978, 1982, 1984, 1987, 1988, 1991, 1993; 288.070, RSMo 1951, amended 1957, 1972, 1974, 1979, 1984, 1988, 1993; 288.130, RSMo 1951, amended 1988; and 288.220.5, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971.