§ 26 §1043 — Definitions

Maine § 26 §1043

• Jurisdiction: Maine
• Title 26: LABOR AND INDUSTRY
• Ch. 13: UNEMPLOYMENT COMPENSATION

Text

As used in this chapter, unless the context clearly requires otherwise, the following words shall have the following meanings.
1.
Agricultural labor.
1-A.
Annual average weekly wage.
"Annual average weekly wage," as used to establish the maximum weekly benefit amount for purposes of this chapter, means 1/52 of aggregate total wages paid in Maine covered employment, as reported on employer contribution reports for the calendar year, divided by the arithmetic mean of midmonth weekly covered employment reported on employer contribution reports for the calendar year.
2.
Annual payroll.
"Annual payroll" means the total amount of wages paid by an employer during a calendar year, not meaning, however, to include that part of individual wages or salaries in excess of $12,000.
3.
Base period.
"Base period" means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year; except that, if the first quarter of the last 5 completed calendar quarters was included in the base period applicable to an individual's previous benefit year, that individual's base period is the last 4 completed calendar quarters. In the case of a combined-wage claim pursuant to the arrangement approved by the secretary in accordance with section 1082, subsection 12, the base period is that applicable under the unemployment compensation law of the paying state.
3-A.
Alternate base period.
For benefit years effective on or after September 27, 1992 for any individual who fails to meet the eligibility requirements of section 1192‑A, subsection 2, paragraph F in the base period as defined in subsection 3, the Department of Labor shall make a redetermination of eligibility based on a base period that consists of the last 4 completed calendar quarters immediately preceding the first day of the individual's benefit year. This base period is known as the "alternate base period." If wage information for the most recent quarter of the alternate base period is not available to the department from regular quarterly reports of wage information that is systematically accessible, the department shall gather the necessary data in accordance with rules established for this purpose.
4.
Benefits.
"Benefits" means the money payments payable to an individual, as provided in this chapter, with respect to that individual's unemployment.
5.
Benefit year.
"Benefit year" means the one-year period beginning with the date with respect to which an insured worker files a request for determination of the worker's insured status, and thereafter the one-year period beginning with the date with respect to which the worker next files such a request after the end of the worker's last preceding benefit year. If an insured worker files a request for determination of the worker's insured status during a week in which one calendar quarter ends and another begins, the benefit year for applicable base period identity purposes is deemed to begin on the first day of the new calendar quarter.
5-A.
Bureau of Unemployment Compensation.
"Bureau" means the Bureau of Unemployment Compensation, the former Division of Unemployment Compensation in the Bureau of Employment Security.
5-A.
Bureau of Employment Security.
6.
Calendar quarter.
"Calendar quarter" means the period of 3 consecutive calendar months ending on March 31st, June 30th, September 30th or December 31st.
6-A.
Client company.
"Client company" means a person, association, partnership, corporation or other entity that leases employees from an employee leasing company pursuant to contract.
7.
Commission.
"Commission" means the 3-member Unemployment Insurance Commission.
7-A.
Commissioner.
"Commissioner" means the Commissioner of Labor.
7-B.
Domestic abuse.
"Domestic abuse" means any of the following acts between any family or household members or sexual partners whether or not they have lived together:
8.
Money payments to the State Unemployment Compensation Fund.
8-A.
Employee leasing company.
"Employee leasing company" means a business entity that engages in the business of leasing employees to client companies without the client company severing an employer-employee relationship with the employees for services performed for the client company.
9.
Employer.
"Employer" means:
10.
Employing unit.
"Employing unit" means an individual or type of organization, including a partnership, association, trust, estate, joint stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, that has or subsequent to January 1, 1935 had in its employ one or more individuals performing services for it within this State. On and after January 1, 1978, "employing unit" includes the State or any of its instrumentalities or any political subdivision thereof or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions. All individuals performing services within this State for an employing unit that maintains 2 or more separate establishments within this State are deemed to be employed by a single employing unit for all the purposes of this chapter. Whenever an employing unit contracts with or has under it a contractor or subcontractor for work that is part of its usual trade, occupation, profession or business, unless the employing unit as well as each such contractor or subcontractor is an employer by reason of subsection 9 or section 1222, subsection 3, the employing unit for all the purposes of this chapter is deemed to employ each individual in the employ of each such contractor or subcontractor for each day during which that individual is engaged in performing such work; except that each such contractor or subcontractor who is an employer by reason of subsection 9 or section 1222, subsection 3 is alone liable for the employer's contributions measured by wages to individuals in the employer's employ and except that an employing unit who becomes liable for and pays contributions with respect to individuals in the employ of any such contractor or subcontractor who is not an employer by reason of subsection 9 or section 1222, subsection 3 may recover the same from the contractor or subcontractor. Each individual employed to perform or to assist in performing the work of an agent or employee of an employing unit is deemed to be employed by the employing unit for all the purposes of this chapter, whether the individual was hired or paid directly by the employing unit or by the agent or employee, as long as the employing unit had actual or constructive knowledge of the work.
11.
Employment.
"Employment," except as otherwise provided in paragraph F, subparagraph (2), means any service performed prior to July 26, 1940 which was employment as defined in this subsection prior to such date, and subject to the other provisions of this subsection service performed after July 26, 1940, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, expressed or implied.
12.
Employment office.
"Employment office" means a free public employment office, or branch thereof, operated by this State or the United States or maintained as a part of a state-controlled system of public employment offices.
13.
Employment Security Administration Fund.
"Employment Security Administration Fund" means the Employment Security Administration Fund from which administrative expenses under this chapter shall be paid.
14.
Fund.
"Fund" means the Unemployment Compensation Fund to which all contributions and payments in lieu of contributions required and from which all benefits provided under this chapter shall be paid.
15.
Insured work.
"Insured work" means employment by employers.
16.
State and United States.
17.
Unemployment, total and partial.
"Unemployment, total and partial," means:
18.
Unpaid wages.
"Unpaid wages" means wages earned by an employee for employment from employers which remain unpaid because the assets of the employer for whom such employment was rendered are in the custody or control of an assignee for the benefit of creditors, receiver, trustee or any other fiduciary appointed by or under the control of a court of competent jurisdiction and shall, for all the purposes of this chapter, be deemed to be and shall be treated as though such wages had been paid to such employee during the calendar quarter within which such wages were earned.
19.
Wages.
"Wages" means all remuneration for personal services, including commissions, bonuses, severance or terminal pay, gratuities and the cash value of all remuneration in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash must be estimated and determined in accordance with rules prescribed by the commissioner, except that:
20.
Week.
"Week" means such period or periods of 7 calendar days as the commissioner may by rule prescribe. The commissioner may, by rule, prescribe that a week is deemed to be "in," "within" or "during" a benefit year that includes any part of such week.
21.
Weekly benefit amount.
"Weekly benefit amount" means the amount of benefits an individual would be entitled to receive for one week of total unemployment.
22.
Regular employment.
"Regular employment" means work at the individual's customary trade, occupation, profession or business as opposed to temporary or odd job employment outside of such customary trade, occupation, profession or business.
23.
Misconduct.
"Misconduct" means a culpable breach of the employee's duties or obligations to the employer or a pattern of irresponsible behavior, which in either case manifests a disregard for a material interest of the employer. This definition relates only to an employee's entitlement to benefits and does not preclude an employer from discharging an employee for actions that are not included in this definition of misconduct. A finding that an employee has not engaged in misconduct for purposes of this chapter may not be used as evidence that the employer lacked justification for discharge.
24.
Insured worker.
An "insured worker" is an individual who has been paid wages of at least $250 for insured work in each of 2 different quarters in that individual's base period and has been paid total wages of at least $900 in the base period for insured work. For each individual establishing a benefit year on or after January 1, 1980, an "insured worker" is an individual who has been paid wages equal to or exceeding 2 times the annual average weekly wage for insured work in each of 2 different quarters in that individual's base period and has been paid total wages equal to or exceeding 6 times the annual average weekly wage in the base period for insured work. The annual average weekly wage amount to be used for purposes of this subsection must be that which is applicable at the time the individual files a request for determination of insured status.
25.
Institution of higher education.
"Institution of higher education" means an educational institution which:
26.
Hospital.
"Hospital" means an institution which has been licensed, certified or approved by the Department of Health and Human Services as a hospital.
27.
Domestic service.
"Domestic service" includes all service for a person in the operation and maintenance of a private household, local college club or local chapter of a college fraternity or sorority as distinguished from service as an employee in the pursuit of an employer's trade, occupation, profession, enterprise or vocation.
28.
Governmental entity.
"Governmental entity" means the State of Maine and its instrumentalities, political subdivisions and school administrative units as represented by their elected or appointed governing bodies and includes, without limitation, city and town councils, select boards, boards of county commissioners, municipally owned and operated hospitals and administrative entities formed under Title 30‑A, chapter 115. In the case of school administrative units, governing bodies include, without limitation, municipal school committees, school administrative district directors and community school district school committees. In the case of special purpose districts, governing bodies include, without limitation, boards of directors or trustees.
29.
Educational institution.
"Educational institution" means any school, including nursery schools and schools of higher education, which is licensed by the State and which provides an organized course of study designed to transfer knowledge, skills, attitudes or abilities under the guidance of a teacher.
30.
Full-time student.
"Full-time student" for purposes of subsection 11, paragraph F, subparagraph (36), means an individual who:
31.
Mail.
"Mail" includes delivery by United States Postal Service, private carrier or electronic mail.

Legislative History

PL 1965, c. 217, §1 (AMD). PL 1965, c. 381, §§1-6 (AMD). PL 1965, c. 457, §1 (AMD). PL 1967, c. 294 (AMD). PL 1969, c. 433, §66 (AMD). PL 1971, c. 538, §§1-17 (AMD). PL 1971, c. 586 (AMD). PL 1971, c. 598, §53 (AMD). PL 1973, c. 379 (AMD). PL 1973, c. 471 (AMD). PL 1973, c. 555, §§3-11 (AMD). PL 1973, c. 788, §121 (AMD). PL 1975, c. 57 (AMD). PL 1975, c. 116, §1 (AMD). PL 1975, c. 201, §§1,2 (AMD). PL 1975, c. 217 (AMD). PL 1975, c. 293, §4 (AMD). PL 1975, c. 407, §1 (AMD). PL 1975, c. 462, §1 (AMD). PL 1975, c. 691, §1 (AMD). PL 1975, c. 710, §1 (AMD). PL 1975, c. 770, §§119,120 (AMD). PL 1977, c. 483 (AMD). PL 1977, c. 570, §§1-20 (AMD). PL 1977, c. 585, §1 (AMD). PL 1977, c. 675, §2 (AMD). PL 1979, c. 94 (AMD). PL 1979, c. 127, §159 (AMD). PL 1979, c. 146 (AMD). PL 1979, c. 165, §1 (AMD). PL 1979, c. 250 (AMD). PL 1979, c. 306 (AMD). PL 1979, c. 515, §§1A-5A (AMD). PL 1979, c. 541, §§A175-A180 (AMD). PL 1979, c. 579, §§3,4,43,44 (AMD). PL 1979, c. 651, §§4,5,44,45, 47 (AMD). PL 1981, c. 168, §10 (AMD). PL 1981, c. 325 (AMD). PL 1981, c. 633 (AMD). PL 1981, c. 635 (AMD). PL 1983, c. 13, §§1,2 (AMD). PL 1983, c. 351, §3 (AMD). PL 1985, c. 74 (AMD). PL 1985, c. 302 (AMD). PL 1985, c. 348, §§1,2 (AMD). PL 1985, c. 591, §§1-3 (AMD). PL 1985, c. 814, §J1 (AMD). PL 1987, c. 17, §§1,2 (AMD). PL 1987, c. 338, §§1-3 (AMD). PL 1987, c. 402, §A157 (AMD). PL 1987, c. 570, §1 (AMD). PL 1987, c. 737, §§C71,C106 (AMD). PL 1987, c. 769, §A106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). RR 1991, c. 1, §35 (COR). PL 1991, c. 173 (AMD). PL 1991, c. 193, §§1,2 (AMD). PL 1991, c. 468, §2 (AMD). PL 1991, c. 548, §D2 (AMD). PL 1991, c. 560, §1 (AMD). PL 1991, c. 706 (AMD). PL 1991, c. 870, §1 (AMD). PL 1993, c. 22, §1 (AMD). RR 1995, c. 2, §62 (COR). PL 1995, c. 9, §1 (AMD). PL 1995, c. 204, §§1,2 (AMD). PL 1995, c. 560, §G10 (AMD). PL 1995, c. 587, §§1,2 (AMD). PL 1995, c. 612, §§1,2 (AMD). RR 1997, c. 1, §§23,24 (COR). PL 1997, c. 293, §§1-3 (AMD). PL 1997, c. 349, §§1,2 (AMD). PL 1997, c. 431, §§1,2 (AMD). PL 1997, c. 683, §A14 (AMD). PL 1999, c. 389, §§1-3 (AMD). PL 1999, c. 389, §4 (AFF). PL 1999, c. 464, §§1,2 (AMD). PL 1999, c. 555, §1 (AMD). RR 2001, c. 1, §40 (COR). PL 2001, c. 274, §§1,2 (AMD). PL 2003, c. 414, §B38 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 689, §B6 (REV). PL 2005, c. 35, §1 (AMD). PL 2005, c. 119, §2 (AMD). PL 2007, c. 230, §1 (AMD). PL 2009, c. 211, Pt. B, §24 (AMD). PL 2009, c. 271, §1 (AMD). PL 2009, c. 637, §12 (AMD). PL 2011, c. 66, §1 (AMD). PL 2011, c. 70, §1 (AMD). PL 2011, c. 292, §1 (AMD). PL 2011, c. 643, §6 (AMD). PL 2011, c. 643, §14 (AFF). PL 2011, c. 678, Pt. C, §8 (AMD). PL 2011, c. 691, Pt. A, §§26-28 (AMD). PL 2015, c. 329, Pt. A, §15 (AMD). PL 2017, c. 117, §§1-3 (AMD). PL 2019, c. 125, §1 (AMD). PL 2021, c. 275, §12 (AMD). PL 2021, c. 456, §§1-4 (AMD). PL 2021, c. 669, §5 (REV). PL 2021, c. 728, §4 (AMD). PL 2023, c. 53, §1 (AMD). PL 2023, c. 405, Pt. A, §99 (AMD). RR 2023, c. 2, Pt. E, §§72-79 (COR). PL 2025, c. 235, §§1-3 (AMD). PL 2025, c. 388, Pt. D, §32 (AMD).