Indiana Code 22-4-3-5. Exception; vacation period without remuneration by agreement or policy
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Sec. 5. (a) Subject to subsection (b), an individual is not totally unemployed, part-totally unemployed, or partially unemployed for any week in which the department finds the individual:
(2) has not received remuneration from the employer for that week, because of:
(1) is on a vacation week; and
Terms Used In Indiana Code 22-4-3-5
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Remuneration: whenever used in this article , unless the context clearly denotes otherwise, means all compensation for personal services, including but not limited to commissions, bonuses, dismissal pay, vacation pay, sick pay (subject to the provisions of section 2(c)(1) of this chapter) payments in lieu of compensation for services, and cash value of all compensation paid in any medium other than cash. See Indiana Code 22-4-4-1
(A) a written contract between the employer and the employees; or
(B) the employer’s regular vacation policy and practice.
(b) Subsection (a) applies only if the department finds that the individual has a reasonable assurance that the individual will have employment available with the employer after the vacation period ends.
As added by P.L.2-2011, SEC.3. Amended by P.L.6-2012, SEC.152; P.L.121-2014, SEC.8.