Section 09.01.30.375 - FULLY EMPLOYED/NOT UNEMPLOYEDRef. Section 72-1312(1), Idaho Code.
01.Excessive Earnings Week. An excessive earnings week is a week in which the claimant's wages allocable to that week are more than one and one half (1-1/2) times the claimant's weekly benefit amount.02.Leave of Absence. A claimant who is on a mutually agreed upon leave of absence, and whose employer has committed to the claimant's return to work at the end of the leave, is employed and not eligible for benefits.03.Suspension. A claimant suspended with or without pay for a specific number of days, who has been given a date to resume employment after the suspension, is not considered unemployed and is not eligible for benefits.04.Corporate Officer. a. A corporate officer has the burden of proving by a preponderance of evidence that he is unemployed due to circumstances beyond his control or the control of a family member with an ownership interest in the corporation.b. Circumstances beyond a corporate officer's control or the control of a family member with an ownership interest in the corporation. Circumstances beyond a corporate officer's or a family member's control are circumstances that last through the corporate officer's benefit year end date and include, but are not limited to, the following: i. Unemployment due to the corporate officer's removal from the corporation under circumstances that satisfy the personal eligibility conditions of Section 72-1366, Idaho Code;ii. Unemployment due to dissolution of the corporation; oriii. Unemployment due to the sale of the corporation to an unrelated third party.Idaho Admin. Code r. 09.01.30.375