A. For the week in which the claimant left regular employment voluntarily without good cause attributable to that employment.
The disqualification continues until the claimant has earned 4 times the claimant's weekly benefit amount in employment by
an employer. A claimant may not be disqualified under this paragraph if:
(1) The leaving was caused by the illness or disability of the claimant or an immediate family member and the claimant took
all reasonable precautions to protect the claimant's employment status by promptly notifying the employer of the need for time off, a change or reduction in hours or a shift change and being advised by the employer that the time off or
change or reduction in hours or shift change cannot or will not be accommodated;
(2) The leaving was necessary to accompany, follow or join the claimant's spouse in a new place of residence , and the claimant is in all respects able, available and actively seeking suitable work;
(3) The leaving was in good faith in order to accept new employment on a permanent full-time basis and the new employment
did not materialize for reasons attributable to the new employing unit;
(4) The leaving was necessary to protect the claimant or any member of the claimant's immediate family from domestic abuse or the leaving was due to domestic violence that caused the claimant reasonably to believe that the claimant's continued employment
would jeopardize the safety of the claimant or any member of the claimant's immediate family and the claimant made all reasonable efforts to preserve the employment; or
(5) The claimant's employer announced in writing to employees that it planned to reduce the work force through a layoff or
reduction in force and that employees may offer to be among those included in the layoff or reduction in force, at which time
the claimant offered to be one of the employees included in the layoff or reduction in force and the claimant's employer accepted
the claimant's offer, thereby ending the employment relationship.
Separation from employment based on the compelling family reasons in subparagraphs (1), (2) and (4) does not result in disqualification. [2009, c. 33, §1 (AMD).]
B. For the duration of his unemployment period subsequent to his having retired; or having been retired from his regular employment
as a result of a recognized employer policy or program, under which he is entitled to receive pension payments, if so found
by the deputy, and disqualification shall continue until claimant has earned 6 times his weekly benefit amount in employment
by an employer; [1979, c. 651, §46 (AMD).]
C. For the duration of an unpaid voluntary leave of absence or sabbatical leave that has been mutually agreed to by the employee
and the employer. [1989, c. 702, Pt. F, §1 (NEW).]
[
2009, c. 33, §1 (AMD)
.]
2.Discharge for misconduct. For the week in which he has been discharged for misconduct connected with his work, if so found by the deputy, and disqualification
shall continue until claimant has earned 4 times his weekly benefit amount in employment by an employer.
A. For the duration of any period for which he has been suspended from his work by his employer as discipline for misconduct,
if so found by the deputy, or until the claimant has earned 4 times his weekly benefit amount in employment by an employer. [1979, c. 651, §46 (AMD).]
[
1979, c. 651, §§46, 47 (AMD)
.]
3.Refused to accept work. For the duration of his unemployment subsequent to his having refused to accept an offer of suitable work for which he is
reasonably fitted, or having refused to accept a referral to a suitable job opportunity when directed to do so by a local
employment office of this State or another state or if an employer is unable to contact a former employee at last known or
given address, for the purpose of recall to suitable employment; or the individual fails to respond to a request to report
to the local office for the purpose of a referral to a suitable job, and the disqualification shall continue until claimant
has earned 8 times his weekly benefit amount in employment by an employer. If the deputy determines that refusal has occurred
for cause of necessitous and compelling nature, the individual shall be ineligible while such inability or unavailability
continues, but shall be eligible to receive prorated benefits for that portion of the week during which he was able and available.
A. In determining whether or not any work is suitable for an individual during the first 12 consecutive weeks of unemployment,
the deputy shall consider the degree of risk involved to his health, safety and morals, his physical fitness and prior training,
his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation,
and the distance of the available work from his residence.
In determining whether or not work is suitable for an individual after the first 12 consecutive weeks of unemployment, the
deputy shall consider the degree of risk involved to his health, safety and morals, his physical fitness, his prior earnings,
his length of unemployment and prospects for securing local work in his customary occupation and the distance of the available
work from his residence. The individual's prior earnings shall not be considered with respect to an offer of or referral to
an otherwise suitable job which pays wages equal to or exceeding the average weekly wage in the State of Maine. [1979, c. 651, §46 (AMD).]
B. Notwithstanding any other provisions of this chapter, work shall not be deemed suitable and benefits shall not be denied
under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:
(1) If the position offered is vacant due directly to a strike, lockout or other labor dispute;
(2) If the wages, hours or other conditions of work are substantially less favorable to the individual than those prevailing
for similar work in the locality;
(3) If, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain
from joining any bona fide labor organization;
(4) If the position offered is the same one previously vacated by the claimant for good cause attributable to that employment
or is the position which the employee left for reasons attributable to that employment, but which were found insufficient
to relieve disqualification for benefits under subsection 1, paragraph A, provided that, in either instance, the specific
good cause or specific reasons for leaving have not been removed or otherwise changed; and
(5) If the position offered is on a shift, the greater part of which falls between the hours of midnight to 5 a.m., and is
refused because of parental obligation, the need to care for an immediate family member, or the unavailability of a personal
care attendant required to assist the unemployed individual who is a handicapped person. [1983, c. 650, §1 (AMD).]
[
1983, c. 650, §1 (AMD)
.]
4.Stoppage of work. For any week with respect to which the deputy, after notification by the Director of Unemployment Compensation under section
1194, subsection 2, finds that the claimant's total or partial unemployment is due to a stoppage of work that exists because
of a labor dispute at the factory, establishment or other premises at which the claimant is or was employed, or there would
have been a stoppage of work had substantially normal operations not been maintained with other personnel previously and currently
employed by the same employer and any other additional personnel that the employer may hire to perform tasks not previously
done by the striking employees. This subsection does not apply if it is shown to the satisfaction of the deputy that:
A. The claimant is not participating in or financing or directly interested in the labor dispute that caused the stoppage of
work; [1997, c. 391, §1 (AMD).]
B. The claimant does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage
there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or
directly interested in the dispute; [1997, c. 391, §1 (AMD).]
C. The claimant has obtained employment subsequent to the beginning of the stoppage of work and has earned at least 8 times
the claimant's weekly benefit amount in employment by an employer or has been in employment by an employer for 5 full weeks; [1997, c. 391, §1 (AMD).]
D. The claimant became unemployed because of a strike or lockout caused by an employer's willful failure to observe the terms
of the safety and health section of a union contract; an employer's willful failure to comply in a timely fashion with an
official citation for a violation of federal and state laws involving occupational safety and health; or the quitting of labor
by an employee or employees in good faith because of an abnormally dangerous condition for work at the place of employment
of that employee or employees; provided that the strike or lockout does not extend past the time of the employer's compliance
with the safety and health section of the union contract, the employer's compliance with the official citation or the finding
that an abnormally dangerous condition does not exist by a federal or state official empowered to issue official citations
for violation of federal and state laws involving occupational safety and health; or [1997, c. 391, §1 (AMD).]
E. The claimant became unemployed because of a lockout by the employer. For purposes of this subsection, the word "lockout"
means the withholding of employment by an employer from its employees for the purpose of resisting their demands or gaining
a concession from them. [1997, c. 391, §1 (NEW).]
If in any case separate branches of work that are commonly conducted as separate businesses in separate premises are conducted
in separate departments of the same premises, each department must, for the purposes of this subsection, be deemed to be a
separate factory, establishment or other premises;
[
1997, c. 391, §1 (AMD)
.]
5.Receiving remuneration. For any week with respect to which he is receiving, is entitled to receive or has received remuneration in the form of:
A. Dismissal wages, wages in lieu of notice, terminal pay, vacation pay or holiday pay; or [1985, c. 506, Pt. A, §51 (RPR).]
B. Benefits under the unemployment compensation or employment security law of any state or similar law of the United States. [1985, c. 506, Pt. A, §51 (RPR).]
C. [1981, c. 149, §1 (RP).]
If the remuneration under paragraph A is less than the benefits which would otherwise be due under this chapter, he shall
be entitled to receive for that week, if otherwise eligible, benefits reduced by the amount of the remuneration, rounded to
the nearest lower full dollar amount;
[
1985, c. 506, Pt. A, §51 (RPR)
.]
6.Has falsified. For any week for which the deputy finds that the claimant made a false statement or representation knowing it to be false
or knowingly failed to disclose a material fact in the claimant's application to obtain benefits. In addition, the claimant
is ineligible to receive any benefits for a period of not less than 6 months nor more than one year from the mailing date
of the determination, and the commissioner shall assess a penalty of 50% of the benefits falsely obtained for the first occurrence,
75% for the 2nd occurrence and 100% for the 3rd and any subsequent occurrences; or
[
1999, c. 464, §7 (AMD)
.]
7.Discharged for crime. For the period of unemployment next ensuing with respect to which he was discharged for conviction of felony or misdemeanor
in connection with his work. The ineligibility of such individual shall continue for all weeks subsequent until such individual
has thereafter earned $600 or 8 times his weekly benefit amount, whichever is greater, in employment by an employer;
[
1985, c. 420, §1 (AMD)
.]
7-A.Absence from work due to incarceration. For the duration of his unemployment subsequent to a discharge arising from his absence from work for more than 2 workdays
due to his incarceration for conviction of a criminal offense. This disqualification continues until the claimant has earned
4 times his weekly benefit amount in employment by an employer; or
[
1985, c. 420, §2 (NEW)
.]
8.Retirement benefits.
[
1981, c. 149, §3 (RP)
.]
9.Receiving pension.
[
2007, c. 352, Pt. B, §1 (RP)
.]
10.Receiving pension. Except as provided in this subsection, for any week with respect to which the individual is receiving a governmental or
other pension, retirement or retired pay, annuity or any other similar periodic payment under a plan maintained or contributed
to by a base period or chargeable employer.
A. The individual receives benefits with no reduction under this subsection if:
(1) The individual is receiving a pension paid under the United States Social Security Act or any other pension or plan to
which the individual made at least 50% of the contributions;
(2) All contributions to the plan were made by the individual and an employer or any other person or organization who is
not a base period or chargeable employer; or
(3) The services performed for the employer by the individual during the base period, or remuneration received for these services,
did not affect the individual's eligibility for, or increase the amount of, that pension, retirement or retired pay, annuity
or similar payment. [2007, c. 352, Pt. B, §2 (NEW).]
B. If the individual contributed to the plan, but not at least 50% of the contributions, the individual receives a benefit reduced
by the prorated weekly amount of the pension after deduction of that portion of the pension that is directly attributable
to the percentage of the contributions made to the plan by that individual. The benefit may not be reduced below zero. [2007, c. 352, Pt. B, §2 (NEW).]
[
2007, c. 352, Pt. B, §2 (NEW)
.]
SECTION HISTORY
1965, c. 381, §§13-18 (AMD).
1965, c. 457, §4 (AMD).
1967, c. 293, (AMD).
1969, c. 176, (AMD).
1971, c. 209, (AMD).
1971, c. 305, (AMD).
1971, c. 422, (AMD).
1971, c. 538, §28 (AMD).
1973, c. 555, §14 (AMD).
1975, c. 537, (AMD).
1975, c. 770, §123 (AMD).
1977, c. 472, §§1,1-A,2 (AMD).
1977, c. 536, (AMD).
1979, c. 98, (AMD).
1979, c. 428, §§1-6 (AMD).
1979, c. 499, (AMD).
1979, c. 515, §§15-16A (AMD).
1979, c. 579, §45 (AMD).
1979, c. 651, §§46,47 (AMD).
1979, c. 663, §161 (AMD).
1981, c. 149, §§1-4 (AMD).
1981, c. 470, §A146 (AMD).
1983, c. 13, §8 (AMD).
1983, c. 257, §2 (AMD).
1983, c. 305, §§4,5 (AMD).
1983, c. 351, §17 (AMD).
1983, c. 650, §1 (AMD).
1983, c. 753, §1 (AMD).
1985, c. 66, (AMD).
1985, c. 348, §6 (AMD).
1985, c. 420, §§1,2 (AMD).
1985, c. 506, §A51 (AMD).
1985, c. 737, §A72 (AMD).
1987, c. 365, §1 (AMD).
1989, c. 702, §F1 (AMD).
1991, c. 560, §2 (AMD).
1997, c. 391, §1 (AMD).
1999, c. 464, §7 (AMD).
2003, c. 28, §1 (AMD).
2007, c. 352, Pt. B, §§1, 2 (AMD).
2009, c. 33, §1 (AMD).
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