N.H. Code Admin. R. Emp 501.12 – Work Search

(a) Unless exempted under RSA 282-A:31, III, or Emp 501.11 or both, no benefits shall be paid to any individual for a week of unemployment unless the individual is searching for suitable work.
(b) Suitability of work shall be determined utilizing the criteria listed at RSA 282-A:32, I(d)(1) and (2) and the limitations listed at RSA 282-A:32, I(d)(3).
(c) The commissioner shall waive the requirement that a claimant is actively seeking work if the commissioner finds that:
1. (1) The claimant is involved in a temporary layoff and has a reasonable assurance of returning to work in fewer than 4 weeks;
2. (2) The claimant is involved in a strike, lockout, or other labor dispute;
3. (3) The claimant is likely to find work through a union hiring hall;
4. (4) The claimant has accepted a confirmable offer of permanent full-time new employment with reasonable assurance of it commencing in fewer than 15 calendar days;
5. (5) For those claimants only required to search for part-time work, the claimant has accepted a confirmable offer of permanent part-time new employment of 20 hours or more with reasonable assurance of it commencing in fewer than 15 calendar days; or
6. (6) A claimant previously employed full-time or part-time has obtained a definite return to work date from the claimant’s employer, which occurs within the time period specified in RSA 282-A:31, I(d)(5) calculated from the last day of work, unless such employer fails to provide full-time or part-time employment to the claimant within said time period.
(d) For purposes of (c)(1), (4), and (5) above, “reasonable assurance” means that it is more likely than not that employment shall commence within the required time frame.
(e) For purposes of (c)(1) above, “fewer than 4 weeks” means 27 or fewer calendar days and is calculated from the last day worked to the return to work date.
(f) Factors to be considered by the commissioner in determining whether employment is more likely than not shall include but not be limited to information which is available concerning:
1. (1) The existence of a contract;
2. (2) A written or oral communication from the employer stating that the claimant will be provided an opportunity to perform services;
3. (3) Whether the time frame within which the employment is to be provided is determined;
4. (4) Whether the offer of employment is contingent;
5. (5) The employer’s industry;
6. (6) The nature of the offered employment;
7. (7) The employer’s financial strength; and
8. (8) The employer’s past performance in providing offered employment.
(g) For purposes of (c)(6) above, “within the time period specified in RSA 282-A:31, I(d)(5)” means that the number of weeks exempted in accordance with RSA 282-A:31, I(d)(5) are multiplied by 7 to arrive at the number of days of such exemption.
(h) If the return to work date calculated from the last day of work results in the same or fewer calendar days than the multiplied number, as specified in (g) above, then the work search waiver requirements under (c)(6) above shall be satisfied.
(i) For purposes of (c)(6) above, “definite return to work” means that the claimant has been given a guarantee of employment which is to begin as a regular and continuous work schedule within the time period specified in RSA 282-A:31, I(d)(5) calculated from the last day of work and which is not contingent on the occurrence of any foreseeable intervening event.
(j) A “regular and continuous work schedule” means the return to activities and a schedule comparable to that performed prior to being laid off. It does not include any day of work during such time period specified in RSA 282-A:31, I(d)(5) unless it falls immediately prior to the start of the claimant’s regular and continuous work schedule.
(k) Factors to be considered by the commissioner in determining whether there is a guarantee of employment shall include but not be limited to information which is available concerning:
1. (1) The existence of a contract;
2. (2) A written or oral communication from the employer stating that the claimant will be provided an opportunity to perform services;
3. (3) Whether the time frame within which the employment is to be provided is determined;
4. (4) Whether the offer of employment is contingent;
5. (5) The employer’s industry;
6. (6) The nature of the offered employment;
7. (7) The employer’s financial strength; and
8. (8) The employer’s past performance in providing offered employment.
(l) A claimant exempt from searching for work under this section shall notwithstanding such exemption be required to attend a benefits orientation session.
Source. #7620, eff 12-30-01; ss by #9627, INTERIM, eff 12-30-09, EXPIRES: 6-28-10; ss by #9741, eff 6-26-10; ss by #10193, INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New. #10329-B, eff 5-7-13; ss by #12856, INTERIM, eff 8-22-19, EXPIRES: 2-18-20; ss by #12978, eff 1-22-20
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