Sec. 11. (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.
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Terms Used In Indiana Code 22-4-14-11
- benefits: means the money payments payable to an eligible individual as provided in this article with respect to his unemployment. See Indiana Code 22-4-2-1
- employment: includes service performed by a driver who provides drive away operations when the services are being performed by an individual who is in the employ of a state or local government entity or federally recognized Indian tribe as defined in Section 3306(c)(7) of the Federal Unemployment Tax Act (Indiana Code 22-4-8-3.6
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- seasonal determination: means a decision made by the department after application in the form and manner prescribed by the department as to the seasonal nature of the employer, the normal seasonal period or periods of the employer, and the seasonal operation of the employer covered by such determination. See Indiana Code 22-4-7-3
- seasonal employer: means an employer that, because of climatic conditions or the seasonal nature of a product or service, customarily operates all or a portion of its business only during a regularly recurring period or periods of less than twenty-six (26) weeks for all seasonal periods during a calendar year. See Indiana Code 22-4-7-3
- seasonal employment: means services performed for a seasonal employer during the seasonal period in the employer's seasonal operations, after the effective date of a seasonal determination with respect to the seasonal employer. See Indiana Code 22-4-8-4
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.
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.
