1. (1) When a claimant and an employer agree to temporary employment, the department shall consider the claimant to have been laid off due to lack of work when:

   1. (a) the claimant completes the assigned work;
   2. (b) a previously agreed upon verbal or written contract ends;
   3. (c) the employer no longer has the same hours, wages, terms of employment, and working conditions available to the claimant; or
   4. (d) the claimant has been hired by a client company of the employer as a result of a verbal or written employment agreement.

2. (2) When a claimant volunteers to be laid off from employment, the claimant is considered to be laid off for lack of work when:

   1. (a) the employer has a written workforce reduction plan or policy that allows an employee to volunteer to be laid off due to a lack of work;
   2. (b) the layoff is due to a lack of work; and
   3. (c) the employer identifies the claimant as a claimant subject to the layoff.

Authorizing statute(s): 39-51-301, 39-51-302, MCA

Implementing statute(s): 39-51-2302, 39-51-2303, MCA

History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.