§ 28-44-21. Vacation periods.
An individual who has established eligibility for benefits by conforming to the provisions
of §§ 28-44-12 and 28-44-13 and who is otherwise eligible and who files a claim for waiting period credits or
unemployment compensation benefits during a bona fide vacation period as determined
by the director shall be ineligible for waiting period credits or benefits, unless
he or she can show to the satisfaction of the director:
(1) That he or she did not receive and is not entitled to receive directly or indirectly
as an incident to a vacation period any vacation pay, remuneration, or simila
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§ 28-44-21. Vacation periods.
An individual who has established eligibility for benefits by conforming to the provisions
of §§ 28-44-12 and 28-44-13 and who is otherwise eligible and who files a claim for waiting period credits or
unemployment compensation benefits during a bona fide vacation period as determined
by the director shall be ineligible for waiting period credits or benefits, unless
he or she can show to the satisfaction of the director:
(1) That he or she did not receive and is not entitled to receive directly or indirectly
as an incident to a vacation period any vacation pay, remuneration, or similar payment;
or
(2) That the vacation pay, remuneration, or similar payment, that the individual receives
or is entitled to receive in connection with that vacation period, is less than his
or her weekly benefit rate, in which case that individual shall be entitled to waiting
period credits or benefits in the same manner as if he or she were partially employed.
For the purpose of ascertaining eligibility under this section, the total sum of the
vacation pay or other allowances shall be apportioned to the weeks of unemployment
comprising a vacation period, as shall be determined by regulations adopted as prescribed;
and
(3) That the vacation period was not the result of an individual request on his or her
part for a vacation during a period where there was work for him or her at the establishment
at which he or she was customarily employed and at a time when that establishment
was not shut down for a vacation period.