Or. Admin. Code § 471-030-0060

Current through Register Vol. 63, No. 10, October 1, 2024

Section 471-030-0060 - Procedure for Payment of Benefits for Partial Unemployment

(1) As used in these rules, a partially unemployed individual is one who:

(a) Has been working full time and remains attached to their usual and regular employer; and

(b) Now works some but less than their customary full time hours for such employer because of lack of full time work;

(c) Has earnings less than their weekly benefit amount; and

(d) Expects to return to full time work for such employer.

(2) A "Notice and Verification of Partial Unemployment" is a form furnished or approved by the Employment Department which sets forth the procedures for filing unemployment insurance claims during periods of partial unemployment and makes provisions for both employer and worker certifications to facts material to a determination of eligibility for benefits.

(3) In order to claim benefits for a week of partial unemployment, an individual need not be registered for work but must:

(a) Within 30 calendar days after termination of the week for which benefits are claimed, request from the employer or an Employment Department UI Center, a "Notice and Verification of Partial Unemployment" for such week; and

(b) Mail or fax the completed notice to an Employment Department UI Center within 14 calendar days after receiving the form.

(4) A claimant who had been receiving benefits for partial unemployment may continue to file claims as a partially unemployed individual under this section for four consecutive weeks of total or part-total unemployment with no wages from the regular employer. The conditions of ORS 657.155 as respects registration shall not apply so long as the individual remains attached to the regular employer. If the claimant has no employment and no wages from such regular employer for a fifth consecutive week, he or she no longer qualifies as a partially unemployed individual. In order to continue to claim benefits, the individual must register for work and file continued claims in accordance with the provisions of OAR 471-030-0045. However, such claimant shall not be denied benefits for failure to register as stated herein if the failure was due to omission or neglect by an employee of the Employment Department to advise the claimant of such requirement.

Or. Admin. Code § 471-030-0060

1DE 150, f. & ef. 2-9-76; 1DE 152, f. 9-28-77, ef. 10-4-77; ED 2-1992, f. & cert. ef. 6-29-92; ED 8-2005, f. 12-23-05, cert. ef. 12-25-05; ED 34-2018, minor correction filed 01/11/2018, effective 1/11/2018

Statutory/Other Authority: ORS 657 & 657.610

Statutes/Other Implemented: ORS 657.255 & 657