Specific items deductible
Sec. 2. (a) Payments in lieu of a vacation awarded to an employee
by an employing unit shall be considered as deductible income in and
with respect to the week in which the same is actually paid. The
payment of accrued vacation pay, dismissal pay, or severance pay to
an individual separated from employment by an employing unit shall
be allocated to the period of time for which such payment is made
immediately following the date of separation, and an individual
receiving such payments shall not be deemed unemployed with
respect to a week during which such allocated deductible income
equals or exceeds the weekly benefit amount of his claim. Pay for
idle time; sick pay; traveling expenses granted to an individual by an
employing unit and not fully accounted for by such individual;
earnings from self-employment; awards by the National Labor
Relations Board of additional pay, back pay, or for loss of
employment; or any such payments made under an agreement entered
into by an employer, a union, and the National Labor Relations
Board; and payments to an employee by an employing unit made
pursuant to the terms and provisions of the Fair Labor Standards Act
shall be deemed to constitute deductible income with respect to the
week or weeks for which such payments are made. However, if such
payments made pursuant to the provisions of the National Labor
Relations Act or of the Fair Labor Standards Act or through
agreement with a union are not, by the terms of the order or
agreement under which said payments are made, allocated to any
designated week or weeks, then, and in such cases, such payments
shall be considered as deductible income in and with respect to the
week in which the same is actually paid.
(b) Holiday pay which is paid not later than the normal pay day
for the pay period in which the holiday occurred shall be deemed to
constitute deductible income with respect to the week for which such
payments are made. Holiday pay which is paid after the normal pay
day for the pay period in which the holiday occurred shall be
considered as deductible income in and with respect to the week in
which the same is actually paid.
(c) Payment of vacation pay, if made prior to the vacation period
or not later than the normal pay day for the pay period in which the
vacation was taken, shall be deemed deductible income with respect
to the week or weeks falling within such vacation period for which
vacation payment is made. Payment of vacation pay made subsequent
to the normal pay day for the pay period in which the vacation was
taken shall be deemed deductible income with respect to the week in
which such payment is made.
(Formerly: Acts 1947, c.208, s.502; Acts 1953, c.177, s.11; Acts
1967, c.310, s.8; Acts 1971, P.L.355, SEC.10.) As amended by Acts
1981, P.L.209, SEC.4; P.L.20-1986, SEC.4.
Last modified: May 27, 2006