Montana Code 39-51-2508. Eligibility requirements for extended benefits — disqualifications — acceptance of suitable work
39-51-2508. Eligibility requirements for extended benefits — disqualifications — acceptance of suitable work. (1) An individual is eligible to receive extended benefits with respect to any week of unemployment in this eligibility period only if the department finds with respect to the week that the individual:
Terms Used In Montana Code 39-51-2508
- Base period: means :
(a)the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year;
(b)if the individual does not have sufficient wages to qualify for benefits under subsection (2)(a), the 4 most recently completed calendar quarters immediately preceding the first day of the individual's benefit year;
(c)in the case of a combined-wage claim pursuant to the arrangement approved by the secretary of labor of the United States, the period applicable under the unemployment law of the paying state; or
(d)for an individual who fails to meet the qualifications of 39-51-2105 or a similar statute of another state because of a temporary total disability, as defined in 39-71-116, or a similar statute of another state or the United States, the first 4 quarters of the last 5 completed calendar quarters preceding the disability if a claim for unemployment benefits is filed within 24 months of the date on which the individual's disability was incurred. See Montana Code 39-51-201
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Montana Code 39-51-201
- Calendar quarter: means the period of 3 consecutive calendar months ending on March 31, June 30, September 30, or December 31. See Montana Code 39-51-201
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
- Exhaustee: means an individual who, with respect to any week of unemployment in the eligibility period:
(a)has received, prior to that week, all of the regular benefits that were available under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-service personnel under 5 U. See Montana Code 39-51-2501
- Extended benefits: means benefits, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U. See Montana Code 39-51-2501
- Misconduct: includes but is not limited to the following conduct by an employee:
(i)willful or wanton disregard of the rights, title, and interests of a fellow employee or the employer, including:
(A)insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions, processes, or instructions of the employer;
(B)repeated inexcusable tardiness following warnings by the employer;
(C)dishonesty related to employment, including but not limited to deliberate falsification of company records, theft, deliberate deception, or lying;
(D)false statements made as part of a job application process, including but not limited to deliberate falsification of the individual's criminal history, work record, or educational or licensure achievements;
(E)repeated and inexcusable absences, including absences for which the employee was able to give advance notice and failed to do so;
(F)deliberate acts that are illegal, provoke violence or violation of the law, or violate a collective bargaining agreement by which the employee is covered. See Montana Code 39-51-201
- Regular benefits: means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U. See Montana Code 39-51-2501
- Week: means a period of 7 consecutive calendar days ending at midnight on Saturday. See Montana Code 39-51-201
- Weekly benefit amount: means the amount of benefits that an individual would be entitled to receive for 1 week of total unemployment. See Montana Code 39-51-201
(a)is an exhaustee, as defined in 39-51-2501;
(b)has been paid total wages for employment in the base period, as defined in 39-51-201, in an amount not less than:
(i)1.5 times the wages earned in the calendar quarter in which wages were the highest during the base period;
(ii)40 times the individual’s most recent weekly benefit amount; or
(iii)insured wages for 20 weeks of work;
(c)is not disqualified for the receipt of regular benefits pursuant to part 23 of this chapter and, if disqualified, the individual satisfies the requirements for requalification in that part; and
(d)has satisfied the other requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits.
(2)In addition to the disqualifications provided for in subsection (1)(c), an individual is disqualified for extended benefits if the individual fails to seek work. The disqualification continues for the week in which the failure occurs and until the individual has performed services, other than self-employment, for which remuneration is received equal to or in excess of the individual’s weekly benefit amount in 4 separate weeks subsequent to the date the act causing the disqualification occurred.
(3)A regular benefit claimant who is disqualified for gross misconduct under 39-51-2303(2) may not be paid extended benefits unless the individual has earned at least eight times the weekly benefit amount after the date of the disqualification.
(4)A regular benefit claimant who voluntarily leaves work to attend school and, pursuant to 39-51-2302(3), requalifies for regular benefits may not be paid extended benefits unless the individual has earned at least six times the weekly benefit amount.
(5)For the purposes of determining eligibility for extended benefits, the department shall by rule define the term “suitable work”. The definition must be in accordance with the requirements of 26 U.S.C. § 3304.