Section Emp 501.11 - Employment Services(a) The commissioner shall require a claimant to report for employment services if the commissioner determines that it is necessary: (1) To verify the individual's efforts to obtain employment;(2) To determine if the individual is likely to be unemployed long term;(3) To provide the individual with services which may assist the individual in becoming employed; or(4) For other similar purposes that will aid the commissioner in providing appropriate services to the individual. (b) Claimants who report for employment services shall provide upon request of the commissioner complete information of all efforts to obtain employment made by the claimant: (1) During all weeks claimed since the individual's initial claim if the individual has not previously reported for employment services; or(2) During all weeks claimed since the individual's last scheduled appointment for employment services to which the individual reported, if the individual has previously reported for employment services.(c) A claimant previously employed full-time or part-time who has obtained reasonable assurance from his or her employer that the claimant's layoff will be fewer than 4 weeks shall not be scheduled for employment services unless such employer shall fail to provide full-time or part-time employment to the claimant in fewer than 4 weeks.(d) A claimant exempt from reporting for employment services pursuant to Emp 501.11(c) shall not be required to actively seek work and provide the commissioner with documentation of efforts to obtain employment for any week during such exemption.(e) A claimant exempt from reporting for employment services pursuant to Emp 501.11(c) shall, notwithstanding such exemption, attend a benefits orientation session.(f) For purposes of (c) above, "fewer than 4 weeks" means 27 or fewer calendar days and is calculated from the last day worked to the return to work date.(g) For purposes of (c) above, "reasonable assurance" means that it is more likely than not that employment shall commence within the required time frame.(h) Factors to be considered by the commissioner in determining whether employment is more likely than not shall include but not be limited to information which is available concerning: (1) The existence of a contract;(2) A written or oral communication from the employer stating that the claimant will be provided an opportunity to perform services;(3) Whether the time frame within which the employment is to be provided is determined;(4) Whether the offer of employment is contingent;(5) The employer's industry;(6) The nature of the offered employment;(7) The employer's financial strength; and(8) The employer's past performance in providing offered employment.(i) A claimant previously employed full-time or part-time who has obtained a definite return to work date from the claimant's employer, which occurs within the time period specified in RSA 282-A:31, I(d)(5) calculated from the last day of work, shall not be scheduled for employment services unless such employer fails to provide full-time or part-time employment to the claimant within said time period.(j) A claimant exempt from reporting for employment services pursuant to Emp 501.11(i) shall not be required to actively seek work and provide the commissioner with documentation of efforts to obtain employment for any week during such exemption.(k) A claimant exempt from reporting for employment services pursuant to Emp 501.11(i) shall, notwithstanding such exemption, attend a benefits orientation session.(l) For purposes of (i) above, "within the time period specified in RSA 282-A:31, I(d)(5)" means that the number of weeks exempted in accordance with RSA 282-A:31, I(d)(5) are multiplied by 7 to arrive at the number of days of such exemption.(m) If the return to work date calculated from the last day of work results in the same or fewer calendar days than the multiplied number, as specified in (l) above, then the work search waiver requirements under (i) above shall be satisfied.(n) For purposes of (i) above, "definite return to work" means that the claimant has been given a guarantee of employment which is to begin as a regular and continuous work schedule within the time period specified in RSA 282-A:31, I(d)(5) calculated from the last day of work and which is not contingent on the occurrence of any foreseeable intervening event.(o) A "regular and continuous work schedule" means the return to activities and a schedule comparable to that performed prior to being laid off. It does not include any day of work during such time period specified in RSA 282-A:31, I(d)(5) unless it falls immediately prior to the start of the claimant's regular and continuous work schedule.(p) Factors to be considered by the commissioner in determining whether there is a guarantee of employment shall include but not be limited to information which is available concerning: (1) The existence of a contract;(2) A written or oral communication from the employer stating that the claimant will be provided an opportunity to perform services;(3) Whether the time frame within which the employment is to be provided is determined;(4) Whether the offer of employment is contingent;(5) The employer's industry;(6) The nature of the offered employment;(7) The employer's financial strength; and(8) The employer's past performance in providing offered employment.(q) If a claimant is exempted from the requirements in Emp 501.12, he or she shall also be exempted under Emp 501.11.N.H. Admin. Code § Emp 501.11
#7620, eff 12-30-01; ss by #9627, INTERIM, eff 12-30-09, EXPIRES: 6-28-10; ss by #9741, eff 6-26-10; ss by #10193, INTERIM, eff 10-1-12, EXPIRED: 4-1-13
New. #10329-B, eff 5-7-13
Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12856, Effective 8/22/2019, Expires 2/18/2020.Amended by Volume XL Number 7, Filed February 13, 2020, Proposed by # 12978, Effective 1/22/2020, Expires 1/22/2030.