N.M. Admin. Code § 11.3.300.309

Current through Register Vol. 35, No. 17, September 10, 2024

Section 11.3.300.309 - BENEFITS FOR PARTIAL UNEMPLOYMENT

A. PARTIALLY UNEMPLOYED CLAIMANTS: Claimants are partially unemployed in any week in which their usual full-time employment is reduced to less than the normal full-time hours customarily scheduled and prevailing in the establishment in which they are employed, and their wages fall below their weekly benefit amount, due to the employer having less than full-time work for them. For partially unemployed claimants whose wages are paid on a weekly basis, a week of partial unemployment shall consist of their pay period week, a calendar week or some other period designated by the department.

B. NOTICE OF REDUCED EMPLOYMENT: On the next payday after any week for which an employee's work has been reduced by the employer to less than 32 hours, their employer shall notify them that they may file a claim by contacting the department for a week of partial unemployment. If the employer fails to notify the employees of their rights under the law regarding reduced employment, the employees may file for benefits at any time. Once the employees have received notice from the employer, they may be denied benefits if they have earned five times the weekly benefit amount after notification.

C. EMPLOYER RECORDS IN CONNECTION WITH PARTIAL UNEMPLOYMENT: In addition to the requirements set forth in 11.3.400.401 NMAC, all employers shall keep their payroll records in such form that it would be possible from an inspection thereof to determine which employees may be eligible for partial benefits to include:

(1) wages earned by weeks as described in Subsection A of 11.3.300.309 NMAC;

(2) whether any week was in fact a week of less than full-time work; and

(3) time lost, if any, by workers due to their unavailability for work.

N.M. Admin. Code § 11.3.300.309

7-15-98; 11.3.300.309 NMAC - Rn & A, 11 NMAC 3.300.309, 01-01-2003; A, 11-15-2012, Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 11/1/2018