La. Admin. Code tit. 40 § IV-331

Current through Register Vol. 50, No. 8, August 20, 2024

Section IV-331 - Registration for Work and Claims for Benefits for Partial Unemployment

A. Employer Responsibility in the Initiation of a First Claim for Partial Benefits in a Benefit Year

1. Immediately after the termination of any calendar week in which a worker earned less than 60 percent of his customary full-time weekly wage due to lack of work, his employer shall give such worker a low earnings report form, application for partial benefits, setting forth therein the information required of the employer. If such worker completes and returns the low earnings report form to his employer, such employer shall promptly mail or otherwise transmit such form to the Louisiana Workforce Commission.

2. Upon receipt of the low earning report form, the Louisiana Workforce Commission shall promptly notify such worker named therein of his potential rights to partial benefits and shall notify his employer of such worker's weekly benefit amount and benefit year ending date. Upon receipt thereof, such employer shall record such weekly benefit amount and benefit year ending date upon his payroll records.

B. Employer to Furnish Evidence of Subsequent Weeks of Partial Unemployment. After an employer has been notified of the weekly benefit amount and current benefit year ending date of any worker in his employ, such employer, until otherwise notified, shall immediately after the termination of each calendar week which begins within such benefit year and for which such worker's earnings fall below such weekly benefit amount because of lack of work in such week, furnish each such worker with a copy of the low earnings report form, application for partial benefits, setting forth the information required therein, including the worker's name and Social Security account number, the ending date of such week, the wages earned therein, and a proper certification as to his having worked less than his normal customary full-time hours because of lack of work in such week. If such worker completes and returns such form to his employer, such employer shall promptly mail or otherwise transmit such form to the Louisiana Workforce Commission.

C. Registration and Filing of Claims for Partial Unemployment. A claim for benefits for any individual on the low earnings report form, application for partial benefits, or other form designated by the Louisiana Workforce Commission, mailed by him or his employer in his behalf, or delivered to the Louisiana Workforce Commission shall constitute such individual's notice of unemployment, registration for work, and claim for benefits or waiting period credit, with respect to each such week of partial unemployment covered by the claim provided that such form is executed by such individual and received by the Louisiana Workforce Commission through which the employer has a partial claims agreement within seven days following the week to which the form pertains.

D. Extended Period for Registration and Filing of Claims for Good Cause. Notwithstanding the provisions of §331 C, if the administrator finds that the failure of any individual to register and file a claim for partial unemployment benefits within the time set forth in §331. C was due to failure on the part of the employer to comply with any of the provisions of §331 A, B, and C, or to coercion or intimidation exercised by the employer to prevent the prompt filing of such claim, or to failure by the Louisiana Workforce Commission to discharge its responsibilities promptly in connection with such partial unemployment, the administrator shall extend the period during which such claim may be filed to a date which shall be not less than one week after the individual has received appropriate notice of his potential rights to benefits and his earnings during the period of such partial unemployment, provided that the period during which such claim may be filed shall not be extended beyond the 13-week period subsequent to the end of the actual or potential benefit year during which such week of partial unemployment occurred.

E. Employer Records in Connection with Partial Unemployment. In addition to the requirements set forth in §313, each employer shall keep his payroll records in such form that it would be possible for an inspection to determine with respect to each worker in his employ who may be eligible for partial benefits:

1.

a. wages earned, by weeks, described in §327 B;

b. whether any week was in fact a week of less than full-time work; and

c. time lost, if any, for each such worker, due to his unavailability for work;

2. this regulation applies only to employers with a partial employer agreement with one or more of the Louisiana Workforce Commission.

La. Admin. Code tit. 40, § IV-331

Promulgated by the Department of Labor, Office of Employment Security, LR 15:491 (June 1989), amended by the Department of Employment and Training, Office of Employment Security, LR 17:42 (January 1991), amended by the Workforce Commission, Office of Unemployment Insurance, LR 39:1836 (July 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1471-1713.