12-172-27 Me. Code R. § 9

Current through 2024-51, December 18, 2024
Section 172-27-9 - Benefits
A. The weekly WorkShare benefit amount is the product of the regular weekly benefit amount, including any dependents' allowances, multiplied by the percentage reduction in the eligible employee's usual weekly hours of work as specified in the approved WorkShare plan. If the weekly WorkShare benefit amount is not an exact multiple of $1, the weekly WorkShare benefit amount must be rounded down to the next lower multiple of $1.
B. An eligible employee may not receive a total of WorkShare benefits and regular unemployment compensation in any benefit year that exceeds the maximum entitlement established for unemployment compensation, nor may an eligible employee be paid WorkShare benefits for more than 52 weeks in any benefit year pursuant to an approved WorkShare plan.
C. The WorkShare benefits paid must be deducted from the maximum entitlement amount established for an eligible employee's benefit year.
D. If an eligible employer approves time off and the eligible employee has performed some work, meaning no less than one (1) full hour, during the week, the eligible employee is eligible for WorkShare benefits based on the combined work and paid leave hours for that week. An eligible employee is not eligible for WorkShare benefits if the claimant was sick and consequently did not work all the hours offered by the WorkShare employer in a given week.
E. Processing of WorkShare ineligible claims. If an individual submits a weekly claim under a WorkShare plan, but does not meet the WorkShare eligibility requirements, the claim will then be processed as a claim against regular state unemployment. All eligibility requirements, with the exception of work search, of the regular state unemployment program shall then apply.
F. Reporting of earnings. On a WorkShare weekly claim, the employer must report any earnings that will be paid to the claimant. In addition, the claimant must report earnings from any other employer during the same week.
G. Treatment of Earnings. If an eligible claimant works in the same week for a WorkShare employer and an employer other than the WorkShare employer, the eligible claimant's WorkShare benefits must be computed in the same manner as if the eligible claimant worked solely with the WorkShare employer, except that if the eligible claimant is not able to work or is not available for the normal workweek with the WorkShare employer, WorkShare benefits may not be paid to that eligible employee for that week. Bonus payments during a WorkShare week shall be considered as earnings and shall not reduce their entitlements during the WorkShare week.

12-172 C.M.R. ch. 27, § 9