- (1) A claimant will not be disqualified for benefits under this chapter solely for the reason that the claimant is denied employment or continuation of employment for refusing to submit to a polygraph test or any form of a mechanical lie detector test, or on the basis of the results of any such test.
(2) An individual disqualified for benefits based on 39-51-2303(3), MCA remains disqualified until the individual has performed services:
- (a) for which remuneration is received equal to or in excess of eight times the individual's weekly benefit amount subsequent to the week in which the act causing the disqualification occurred; and
- (b) that constitute employment as defined in 39-51-203 and 39-51-204, MCA.
- (3) For the purposes of the Workforce Drug and Alcohol Testing Act, an unemployment insurance benefits hearing is a legal action in which the results of a drug or alcohol test may be introduced, provided that the results and testimony about the results are protected from public disclosure.
Authorizing statute(s): 39-51-301, 39-51-302, MCA
Implementing statute(s): 39-51-2303, 39-51-2304, MCA
History: NEW, 1990 MAR p. 2181, Eff. 12/14/90; AMD, 1994 MAR p. 2835, Eff. 10/30/94; AMD, 2000 MAR p. 3523, Eff. 12/31/00; AMD, 2016 MAR p. 2058, Eff. 11/11/16; AMD, 2021 MAR p. 1404, Eff. 10/23/21; TRANS and AMD, from 24.11.463, 2024 MAR p. 1458, Eff. 7/1/24.