§ 1338a. Disregarded earnings

(a) An individual shall be deemed “partially unemployed” in any week of less than full-time work if the wages earned by the individual with respect to such week are less than the weekly benefit amount the individual would be entitled to receive if totally unemployed and eligible. As used in this section, “wages” in any one week includes only that amount of remuneration to the nearest dollar that is in excess of 50 percent of the individual’s weekly wage.

(b) Notwithstanding subsection (a) of this section, an individual shall not be deemed to be “partially unemployed” if the individual performed less than full-time work only because there was a holiday in that week for which the individual was entitled to holiday pay. (Added 1959, No. 64, eff. March 31, 1959; amended 1967, No. 246 (Adj. Sess.), § 1, eff. Feb. 20, 1968; 1971, No. 70, eff. April 15, 1971; 1979, No. 120 (Adj. Sess.). § 8, eff. April 14, 1980; 1991, No. 62; 2001, No. 56, § 2; 2009, No. 124 (Adj. Sess.), § 4, eff. July 1, 2012; 2013, No. 173 (Adj. Sess.), § 8.)