CHAPTER 458
H.P. 195 - L.D. 240
An Act to Ensure that Maine's Unemployment System is Responsive to the Needs of Today's Workforce
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1192, sub-§3, as repealed and replaced by PL 1983, c. 816, Pt. A, §22, is amended to read:
3. Is able and available for work. He The individual is able to work and is available for full-time work at his the individual's usual or customary trade, occupation, profession or business or in such other trade, occupation, profession or business for which his the individual's prior training or experience shows him the individual to be fitted or qualified; and in addition to having complied with subsection 2 is himself actively seeking work in accordance with the regulations of the commission; provided that no ineligibility may be found solely because the claimant is unable to accept employment on a shift, the greater part of which falls between the hours of midnight to 5 a.m., and is unavailable for that employment 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; and provided that an unemployed individual who is neither able nor available for work due to good cause as determined by the deputy shall be is eligible to receive prorated benefits for that portion of the week during which he the individual was able and available;.
A. Notwithstanding this subsection, beginning January 1, 2004, an individual who is not available for full-time work as required in this subsection is not disqualified from receiving benefits if:
(1) The individual worked less than full time for a majority of the weeks during that individual's base period and the individual is able and available for and actively seeking part-time work for at least the number of hours in a week comparable to those customarily worked in part-time employment during that individual's base period; or
(2) The individual worked full time for a majority of the weeks during that individual's base period, but is able and available for and actively seeking only part-time work because of the illness or disability of an immediate family member or because of limitations necessary for the safety or protection of the individual or individual's immediate family member.
This paragraph does not apply to a person who applies for benefits after September 30, 2005. This paragraph continues to apply to a person who applies for benefits on or before September 30, 2005 until that person has exhausted benefits payable under that application.
Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.
LABOR, DEPARTMENT OF
Unemployment Compensation Benefit
Account 0245
Initiative: Allocates funds to provide for the additional cost of providing unemployment benefits to persons who are unavailable for full-time work under certain circumstances.
Employment Security Trust Fund 2003-04 2004-05
All Other $2,280,000 $2,320,000
__________ __________
Employment Security Trust
Fund Total $2,280,000 $2,320,000
Effective September 13, 2003, unless otherwise indicated.
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