Rule 300-2-3-.15 - Included and Excluded Service During a Pay Period(1) General definition. When some of an individual's services performed for the person employing the individual during a pay period are included and some excluded from employment, all the services are considered to be included or excluded for that pay period. Whether all the services are considered to be included or excluded depends on the time spent in each activity.(2) Time spent in a pay period. (a) If fifty percent (50%) or more of an individual's time in the employ of a particular person is spent in performing services which constitute employment, all the services are considered to be employment.(b) This fifty percent (50%) test must be applied to each pay period. An individual could have all services performed included in one period and excluded in another.(3) Employer must verify time spent. In order to have all services performed by an individual excluded, the employer must show to the satisfaction of the department that less than fifty percent (50%) of the time spent in any pay period is for services which constitute employment.(4) Pay period. This section of the Law does not apply if there is no regular pay period, the pay period covers more than thirty-one (31) consecutive days or there are separate pay periods for the included and excluded services.Ga. Comp. R. & Regs. R. 300-2-3-.15
O.C.G.A. Secs. 34-8-70, 34-8-150.
Original Rule entitled "Included and Excluded Service" adopted. F. Aug. 28, 1992; eff. Sept. 17, 1992.Amended: Rule retitled "Included and Excluded Service During a Pay Period". F. Jun. 25, 1998; eff. July 15, 1998.