Chapter 4141-29 Eligibility Requirements
Five Year Review (FYR) Dates: 01/25/2016
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.29
Prior Effective Dates: 7/3/86, 12/31/91, 1/15/01, 2/22/04, 8/14/08, 1/25/2010
For purposes of division (D) of section 4141.33 of the Revised Code:
(A) A claim for benefits shall be disallowed when reasonable assurance of seasonal employment is provided by one or more employers from the prior seasonal period for the next seasonal period.
(B) If an individual has employment with a non-seasonal employer and employment with a seasonal employer during the base period of the individual's benefit year, then the individual may become eligible for benefits between two successive seasonal periods based on employment performed for the non-seasonal employer, provided that the employment is sufficient to qualify the individual for benefit rights separately from the benefit rights based on the seasonal employment. The weekly benefit amount and maximum benefits payable during a disqualification period shall be computed based solely on the non-seasonal employment.
(C) If an individual obtains reasonable assurance of employment, as defined in division (A) of section 4141.33 of the Revised Code, and the individual is not offered an opportunity to perform those services for the seasonal employer during the ensuing seasonal period, then the individual may be entitled to a retroactive payment of compensation for each week for which the individual timely filed a claim for compensation and for which compensation was denied. An application for retroactive benefits shall be timely filed if received by the director or the director's deputy within or prior to the end of the fourth full calendar week after the end of the period for which benefits were denied because of reasonable assurance of employment. The provision for the payment of retroactive benefits under this section is applicable to both seasonal and non-seasonal weeks in the base period.
(1) "Participating in sports or athletic events" refers only to the services performed by athletes as contestants in sports or athletic events and not to the services performed by managers, coaches, trainers, referees, umpires, scorers, groundskeepers or other individuals who are not contestants.
(2) An individual shall be deemed to perform "substantially all" of his or her services participating in sports or athletic events if such participation accounts for seventy-five per cent or more of total services performed during the base period.
(3) A "sports season" shall be deemed to begin on the date that scheduled training begins and to end on the date on which all related sports activity ceases.
(B) The period between two successive sports seasons or similar periods shall begin with the Sunday immediately following the date on which the sports season ends and shall continue through the Saturday following the date on which the next sports season begins.
(C) A claim for benefits shall be disallowed when the individual has reasonable assurance of employment with either the same employer or a different athletic employer for the next sports season.
(D) When an athlete performs services in nonathletic employment in addition to athletic employment, and the athlete has reasonable assurance of employment for the next sports season, claims for benefits shall be disallowed between sports seasons even if the nonathletic employment was sufficient to establish a valid application for determination of benefit rights.
Five Year Review (FYR) Dates: 10/27/2016 and 03/28/2022
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.33
Prior Effective Dates: 07/03/1986, 02/22/2004, 12/15/2011
(A) In order for an individual to be eligible to be credited with a waiting week or receive unemployment compensation benefits for a week, he or she must, unless otherwise provided pursuant to division (A)(4) of section 4141.29 of the Revised Code, provide documentation of the efforts on his or her part to search for work in his or her trade or occupation during each week. The individual shall produce such documentation for examination upon request and in a manner prescribed by the director.
(B) An individual who is a member in good standing with a labor union which refers individuals to jobs, may meet the active work search requirements of division (A)(4) of section 4141.29 of the Revised Code by providing documentation that he or she is eligible for referral or placement for each week, and producing documentation of such contact for examination upon request and in a manner prescribed by the director.