Rule 300-2-9-.08 - Eligibility of Temporary/Intermittent Workers(1) An individual who is working on a part-time, intermittent, or temporary assignment basis shall not be denied benefits solely as a consequence of such employment. When such individuals are between assignments, it shall be considered that a rebuttable presumption of voluntary unemployment exists. In determining eligibility for such persons, the Commissioner may consider, but is not limited to, the following facts: (a) Whether the claimant's employment was of a temporary/intermittent nature;(b) Whether the claimant and employer are maintaining an ongoing employment relationship;(c) Whether the claimant considers temporary/intermittent work as an occupation, or as "stop-gap work" to earn income while seeking employment; and(d) Whether the claimant is seeking and is available for full time work.(2) In accordance with paragraph (c) of OCGA Section 34-8-195, an individual who is contracted to a temporary help contracting firm may not be considered unemployed with respect to any work week, during which a comparable work assignment is offered by the employer and is refused by the claimant without good cause.(3) Such temporary help contracting firm must promptly notify the department in writing, providing proof of the work assignment offer, such as a copy of a telephone call log sheet. The burden of proof shall be on the employer to show the temporary assignment is comparable to previous work or assignments performed by the individual or otherwise meets the conditions of employment as previously agreed. If the job or assignment offer was comparable, then the claimant must establish he or she had good cause to refuse the job or assignment. To be eligible for benefits the claimant must have complied with all of the employer's reasonable rules with respect to work assignments, such as providing the employer a current address and telephone number by which to contact the claimant concerning possible work assignments, and otherwise meet all reasonable communication requirements of the employer to stay in touch with the employer. The employer must likewise comply with all of its own communication rules.(4) To be considered a timely response, an employer's response to a claim for benefits filed by an employee of a temporary help contracting firm must be postmarked or received by the date the individual was scheduled for a predetermination interview. This date shall typically be seven (7) days or more after the claim for benefits was filed. The employer's written response as to the work assignment offer must be sent to the department on or before the claimant's scheduled predetermination interview date. Any subsequent refusal which occurs within the claimant's benefit year requires the employer to notify the department within four (4) days of such refusal. Notification shall be in writing, addressed to the local office of the department where the claim was filed.(5) Claimants whose most recent work, or work last performed, was for a temporary help contracting firm must report his or her refusal of all job offers or job assignments to the department promptly. The department will then make a determination of whether the job assignment was comparable to work previously performed or agreed to be performed and whether such refusal was for good cause.Ga. Comp. R. & Regs. R. 300-2-9-.08
O.C.G.A. Secs. 34-8-70, 34-8-190.
Original Rule entitled "Eligibility of Temporary/Intermittent Workers" adopted. F. Jun. 25, 1998; eff. July 15, 1998.