§ 22-4-14-11 — Seasonal employment; benefit claims; application for seasonal determination

(a) For weeks of unemployment occurring
after October 1, 1983, benefits may be paid to an individual on the
basis of service performed in seasonal employment (as defined in IC 22-4-8-4) only if the claim is filed within the operating period of the
seasonal employment. If the claim is filed outside the operating period
of the seasonal employment, benefits may be paid on the basis of
nonseasonal wages only.
(b) An employer shall file an application for a seasonal
determination (as defined by IC 22-4-7-3) with the department. A
seasonal determination shall be made by the department within ninety
(90) days after the filing of such an application. Until a seasonal
determination by the department has been made in accordance with this
section, no employer or worker may be considered seasonal.
(c) Whenever an employer is determined to be a seasonal employer,
the following provisions apply:
(1) The seasonal determination becomes effective the first day of
the calendar quarter commencing after the date of the seasonal
determination.
(2) The seasonal determination does not affect any benefit rights
of seasonal workers with respect to employment before the
effective date of the seasonal determination.
(d) If a seasonal employer, after the date of its seasonal
determination, operates its business or its seasonal operation during a
period or periods of twenty-six (26) weeks or more in a calendar year,
the employer shall be determined by the department to have lost its
seasonal status with respect to that business or operation effective at
the end of the then current calendar quarter. The redetermination shall
be reported in writing to the employer.
(e) Seasonal employers shall keep account of wages paid to seasonal
workers within the seasonal period as determined by the department
and shall report these wages in the form and manner prescribed by the
department.
(f) The department shall adopt rules applicable to seasonal
employers for determining their normal seasonal period or periods.

Legislative History

As added by P.L.228-1983, SEC.4. Amended by P.L.18-1987, SEC.44; P.L.21-1995, SEC.82; P.L.171-2016, SEC.13; P.L.122-2019, SEC.28.