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This entry was published on 2024-05-03
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SECTION 592
Suspension of accumulation of benefit rights
Labor (LAB) CHAPTER 31, ARTICLE 18, TITLE 7
³ 592. Suspension of accumulation of benefit rights. 1. Industrial
controversy. (a) The accumulation of benefit rights by a claimant shall
be suspended during a period of two consecutive weeks beginning with the
day after such claimant lost his or her employment because of a strike
or other industrial controversy except for lockouts, including concerted
activity not authorized or sanctioned by the recognized or certified
bargaining agent of the claimant, and other concerted activity conducted
in violation of any existing collective bargaining agreement, in the
establishment in which he or she was employed, except that benefit
rights may be accumulated before the expiration of such two week period
beginning with the day after such strike or other industrial controversy
was terminated.

(b) Benefits shall not be suspended under this section if:

(i) The employer hires a permanent replacement worker for the
employee's position. A replacement worker shall be presumed to be
permanent unless the employer certifies in writing that the employee
will be able to return to his or her prior position upon conclusion of
the strike, in the event the strike terminates prior to the conclusion
of the employee's eligibility for benefit rights under this chapter. In
the event the employer does not permit such return after such
certification, the employee shall be entitled to recover any benefits
lost as a result of the two week suspension of benefits, and the
department may impose a penalty upon the employer of up to seven hundred
fifty dollars per employee per week of benefits lost. The penalty
collected shall be paid into the unemployment insurance control fund
established pursuant to section five hundred fifty-two-b of this
article; or

(ii) The commissioner determines that the claimant:

(A) is not employed by an employer that is involved in the industrial
controversy that caused his or her unemployment and is not participating
in the industrial controversy; or

(B) is not in a bargaining unit involved in the industrial controversy
that caused his or her unemployment and is not participating in the
industrial controversy.

* 2. Concurrent payments prohibited. No of total unemployment shall be
deemed to occur in any week with respect to which or a part of which a
claimant has received or is seeking unemployment benefits under an
unemployment compensation law of any other state or of the United
States, provided that this provision shall not apply if the appropriate
agency of such other state or of the United States finally determines
that he is not entitled to such unemployment benefits.

* NB Effective until the first Monday after October 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-³1 for further provisions)

* 2. Concurrent payments prohibited. No weeks of total unemployment or
partial unemployment shall be deemed to occur in any week with respect
to which a claimant has received or is seeking unemployment benefits
under an unemployment compensation law of any other state or of the
United States, provided that this provision shall not apply if the
appropriate agency of such other state or of the United States finally
determines that he is not entitled to such unemployment benefits.

* NB Effective on the first Monday after October 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-³1 for further provisions)

3. Terms of suspension. No waiting period may be served during a
suspension period.

The suspension of accumulation of benefit rights shall not be
terminated by subsequent employment of the claimant irrespective of when
the claim is filed except as provided in subdivision one and shall not
be confined to a single benefit year.

A "week" as used in subdivision one of this section means any seven
consecutive calendar days.