S.D. Admin. R. 47:06:04:05
If a claimant is currently working for a base period employer at the time a new claim for benefits is filed, the claimant's weekly benefit amount and minimum base period wages, as required by SDCL 61-6-4, shall be computed using total base period wages from all base period employers. The claimant's maximum benefit amount does not include, and the current employer is not chargeable for, benefits based on wages from the current employer if the employer continues to provide employment to the same extent as was provided during the base period and the employment provided is not "on-call" employment for which no work schedule is established. Employment which provides generally the same work schedule on a continuing basis but offers employees the option of accepting available work is not "on-call" employment.
If the claimant later separates from the current employer or the employer fails to provide employment to the same extent as provided during the base period, benefits based on such employment shall be included in the maximum benefit amount and employer charges shall be determined under SDCL 61-5-39 or 61-5-40.
S.D. Admin. R. 47:06:04:05
General Authority: SDCL 61-7-1.
Law Implemented: SDCL 61-6-2, 61-6-4, 61-6-8.