(1) Nonseparating Part-Time Employers.
(a) An employer is considered a "nonseparating part-time reimbursable employer" if:
(i) the claimant:
- (A) worked for two or more employers, including the employer, during the base period;
- (B) is separated from one or more of the other employers; and
- (C) continues in regular part-time work with the employer; and
- (ii) the employer is a reimbursable employer.
(b) A nonseparating part-time employer will not be liable for benefit costs if:
- (i) the claimant earned wages from the nonseparating part-time employer within seven days before the date the claim was filed;
- (ii) the claimant is not working on an "on call" basis;
- (iii) the claimant's hours of work have not been reduced; and
- (iv) the nonseparating part-time employer makes a request that it not be liable for benefit costs within ten days of the first notification of the nonseparating part-time employer's potential liability.
- (2) The claimant's WBA will be determined on the basis of the total base period employment and earnings, however, earnings from the nonseparating part-time employer will be excluded from the calculation of the MBA.
(3) The nonseparating part-time employer will be liable to pay the proportionate amount of unemployment insurance benefits paid to the claimant if:
- (a) the claimant is later separated from the nonseparating part-time employer within the benefit year; or
- (b) the claimant's hours of work are reduced below the customary number of hours worked during the base period.
- (4) A new monetary determination may be made at the request of the claimant and will include all base period wages. The effective date of the revised monetary determination will be the first day of the week in which the request is made. See Section R994-307-101 for rules concerning contributory employers.
KEY: unemployment compensation, benefits
Date of Last Change: April 21, 2022
Notice of Continuation: June 9, 2022
Authorizing, and Implemented or Interpreted Law: 35A-4-401(1); 35A-4-401(2); 35A-4-401(3); 35A-4-401(6)