§ 282-A:31 — Benefit Eligibility Conditions

New Hampshire § 282-A:31

• Jurisdiction: New Hampshire
• Title XXIII: LABOR
• Ch. 282-A: UNEMPLOYMENT COMPENSATION
• Subdivision: Benefits

Text

I. An unemployed individual shall be eligible to receive benefits with respect to any week only if the commissioner finds that:
(a) He or she has been classified in accordance with his or her experience and abilities and so registered for employment with and by the commissioner and has reported and continues thereafter to report at an employment office in accordance with such rules as the commissioner may adopt.
(b) He or she has made a claim for benefits in accordance with the provisions of RSA 282-A:43.
(c) He or she is ready, willing, and able to accept and perform suitable full-time or part-time work on all the shifts and during all the hours for which there is a market for the services he or she offers and that he or she has exposed himself or herself to employment to the extent commensurate with the economic conditions and the efforts of a reasonably prudent person seeking work.
(d) He or she is available for and seeking permanent, full-time or part-time work for which he or she is qualified provided that:
(1) He or she must also be available for and seeking temporary, full-time or part-time work for which he or she is qualified if the commissioner determines that permanent full-time or part-time work for which he or she is qualified is not immediately available within the individual's labor market area; and
(2) He or she must instead be available for and seeking temporary, full-time or part-time work for which he or she is qualified if the commissioner determines that the individual reasonably expects to be recalled in 4 to 26 weeks to permanent full-time or part-time work from which the individual is temporarily separated and equivalent or better work for which he or she is qualified is not immediately available within the individual's labor market area; and
(3) The wages, hours, or other conditions of the temporary work are not substantially less favorable to the individual than those prevailing for similar temporary or permanent work in the locality; and
(4) If availability is limited to part-time work, the claim for unemployment benefits is based on wages earned in part-time work; and
(5) If the individual furnishes evidence satisfactory to the commissioner that such individual has a definite date for returning to work which is within 11 weeks of the last day of work, such person shall be exempt from the work search requirements in subparagraph (d).
(e) He or she has disclosed whether or not he or she owes child support obligations that are payable through any agency of the state of New Hampshire or its political subdivisions.
(f) He or she has participated in reemployment services when so directed by the commissioner unless he or she has completed such services or has good cause for failure to participate in such services.
(g) The individual has disclosed whether or not he or she owes an uncollected overissuance of food stamp coupons as defined in section 13(c)(1) of the Food Stamp Act of 1977 as amended.
(h) For benefit years commencing on or after January 3, 2010, the individual has served a waiting period of one week of total or partial unemployment as defined in RSA 282-A:14. No week may be counted as a week of total or partial unemployment for the purpose of this subparagraph:
(1) If benefits have been paid with respect to that week;
(2) Unless it occurs within the benefit year which includes the week with respect to which the individual claims payment of benefits; and
(3) Unless the individual was eligible for benefits with respect to that week, as provided in this section and RSA 282-A:32, except for the requirements of this subparagraph.
(i) There shall be no corresponding reduction in the individual's maximum benefit amount under RSA 282-A:25, I as a result of subparagraph (h).
II. An unemployed individual shall not be eligible to receive benefits:
(a) Based on services in an instructional, research, or principal administrative capacity for an educational institution for any week which commences during a period between 2 successive academic years or terms (or, when an agreement provides instead for a similar period between 2 regular but not successive terms during such period) to any individual if such individual performs such services in the first of such academic years or terms and there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms.
(b) Based on services in any other capacity for an educational institution, including services for a service organization for any educational institution for any week which commences during a period between 2 successive academic years or terms to any individual if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms; provided, however, that, if compensation is denied to any individual for any week under this paragraph and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of the compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this paragraph.
(c) Based on services for an educational institution for any week which commences during an established and customary vacation period or holiday recess if such individual performs services in the period immediately before such vacation period or holiday recess and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.
II-a. For the purposes of paragraph II, an individual's selection of a period or percentage-time position with an educational institution, which consists of less than the number of hours of work available per year from the educational institution, or the provision of a percentage of normal and usual employee benefits to an individual during the weeks between academic years, terms or periods by the institution shall be deemed prima facie evidence of a reasonable assurance that such individual will perform services in the second academic year, term or period.
III. Subparagraph I(c) shall be waived for any week with respect to any individual who is otherwise entitled to unemployment compensation benefits and is selected by the department of employment security and enrolled in a vocational training program approved by the commissioner of the department of employment security and is as to such week in good standing in the training program, and has not failed without good cause to attend all scheduled sessions. Remuneration for services in connection with the training program paid to any such individual shall be wages for the purposes of RSA 282-A:14.
IV. Subparagraphs II(b) and II(c) shall apply only to services in the employ of the state or any political subdivision thereof, to Indian tribes, and to organizations defined in section 501(c)(3) and exempt under section 501(a) of the Internal Revenue Code.
V. [Repealed.]

Legislative History

1937, 178:1. 1939, 138:9. 1941, 103:16. RL 218:3. 1943, 56:3, 4. 1945, 138:8. 1947, 59:10, 11; 267:1. 1949, 30:2; 99:1. 1951, 34:3; 140:7. RSA 282:3. 1955, 7:2; 141:8. 1961, 88:9; 228:2. 1965, 208:2. 1967, 400:5. 1971, 156:19, 35. 1973, 446:1. 1977, 441:11, 17. 1979, 328:9. 1981, 408:3. 1982, 35:6. 1983, 124:1, 2. 1988, 179:1. 1994, 72:3. 1997, 40:1. 2003, 116:4, 5. 2005, 239:11. 2007, 123:1. 2008, 297:2, 5. 2009, 321:7, eff. Jan. 1, 2010. 2012, 212:2, eff. Oct. 1, 2012. 2019, 227:1, eff. July 12, 2019; 346:393, eff. July 12, 2019 at 12:01 a.m.