Seasonal employment; benefit claims; application for seasonal
determination; appeal
Sec. 11. (a) For weeks of unemployment occurring after October
1, 1983, benefits may be paid to an individual on the basis of service
performed in seasonal employment (as defined in IC 22-4-8-4) only
if the claim is filed within the operating period of the seasonal
employment. If the claim is filed outside the operating period of the
seasonal employment, benefits may be paid on the basis of
nonseasonal wages only.
(b) An employer shall file an application for a seasonal
determination (as defined by IC 22-4-7-3) with the department of
workforce development. A seasonal determination shall be made by
the department within ninety (90) days after the filing of such an
application. Until a seasonal determination by the department has
been made in accordance with this section, no employer or worker
may be considered seasonal.
(c) Any interested party may file an appeal regarding a seasonal
determination within fifteen (15) calendar days after the
determination by the department and obtain review of the
determination in accordance with IC 22-4-32.
(d) Whenever an employer is determined to be a seasonal
employer, the following provisions apply:
(1) The seasonal determination becomes effective the first day
of the calendar quarter commencing after the date of the
seasonal determination.
(2) The seasonal determination does not affect any benefit
rights of seasonal workers with respect to employment before
the effective date of the seasonal determination.
(e) If a seasonal employer, after the date of its seasonal
determination, operates its business or its seasonal operation during
a period or periods of twenty-six (26) weeks or more in a calendar
year, the employer shall be determined by the department to have lost
its seasonal status with respect to that business or operation effective
at the end of the then current calendar quarter. The redetermination
shall be reported in writing to the employer. Any interested party
may file an appeal within fifteen (15) calendar days after the
redetermination by the department and obtain review of the
redetermination in accordance with IC 22-4-32.
(f) Seasonal employers shall keep account of wages paid to
seasonal workers within the seasonal period as determined by the
department and shall report these wages on a special seasonal
quarterly report form provided by the department.
(g) The board shall adopt rules applicable to seasonal employers
for determining their normal seasonal period or periods.
As added by P.L.228-1983, SEC.4. Amended by P.L.18-1987,
SEC.44; P.L.21-1995, SEC.82.
Last modified: May 27, 2006