Terms Used In Montana Code > Title 39 > Chapter 51 > Part 25 - Extended Benefits

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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

• Benefit year: means the 52-consecutive-week period beginning with the first day of the calendar week in which an individual files a valid claim for benefits, except that the benefit year is 53 weeks if filing a new valid claim would result in overlapping any quarter of the base period of a previously filed new claim. 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 benefit period: means a period that:

  (a)begins with the third week after a week for which there is a state "on" indicator, provided that no extended benefit period may begin by reason of a state "on" indicator before the 14th week following the end of a prior extended benefit period that was in effect with respect to this state; and

  (b)ends with the third week after the first week for which there is a state "off" indicator or the 13th consecutive week of the period. 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
• State: includes , in addition to the states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and Canada. See Montana Code 39-51-201
• State law: means the unemployment insurance law of any state approved by the 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