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Session Laws, 1986
Volume 768, Page 865   View pdf image
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HARRY HUGHES, Governor                                         865

obtain work have been reasonable and are such efforts as an
unemployed individual is expected to make if he is honestly
looking for work. The extent of the effort required shall depend
upon labor market conditions in the claimant's area.

Provided, that when an employer closes its entire plant or
any portion of the plant for a vacation or inventory or other
purpose causing unemployment for a certain and definable period
not exceeding 10 weeks in any benefit year, the [Executive
Director] SECRETARY is authorized to exempt the employees who
thereby become unemployed from producing evidence required under
this section of the law, if it is found by the [Executive
Director] SECRETARY that the circumstances and labor market
conditions justify such exemptions[;]. PROVIDED FURTHER THAT
WHEN AN EMPLOYER CLOSES ITS ENTIRE PLANT OR ANY PORTION OF THE
PLANT FOR A PURPOSE OTHER THAN VACATION OR INVENTORY CAUSING
UNEMPLOYMENT FOR A CERTAIN AND DEFINABLE PERIOD NOT EXCEEDING 26
WEEKS, THE SECRETARY IS AUTHORIZED TO EXEMPT THE EMPLOYEES WHO
THEREBY BECOME UNEMPLOYED FROM ACTIVELY SEEKING WORK AS REQUIRED
UNDER THIS SUBSECTION OF LAW IF THE EXTENDED EXEMPTION OF UP TO
26 WEEKS IS JOINTLY REQUESTED BY THE EMPLOYER AND THE AFFECTED
EMPLOYEES, THE EMPLOYER PROVIDES THAT ALL OF THE EMPLOYEES
INCLUDED IN THE EXEMPTION SHALL RETURN TO WORK FOR THAT EMPLOYER
WITHIN 26 WEEKS, AND THE SECRETARY DETERMINES THAT THE WORK
SEARCH EXEMPTION FOR THE AFFECTED EMPLOYEES WILL PROMOTE
PRODUCTIVITY AND ECONOMIC STABILITY WITHIN THE STATE. [however]
HOWEVER, such employees must comply with the provisions of
subsection (a) of this section and must be able to work and
otherwise available for work. Exemption may be granted only with
regard to a specific plant shutdown, and shall not be construed
to exempt any claimant from meeting the requirements of this
article that he is able to work and otherwise fully available for
work.

Provided further that notwithstanding any other provisions
of this subsection, no otherwise eligible individual shall be
denied benefits for any week because he is in training with the
approval of the [Executive Director] SECRETARY, nor shall such
individual be denied benefits with respect to any week in which
he is in training with the approval of the [Executive Director]
SECRETARY by reason of the application of the provisions in this
subsection relating to availability for work and active search
for work or the provisions of § 6(d) of this article relating to
failure to apply for, or refusal to accept suitable work.

If the failure results from a summons before any court of
the United States or of any state to appear for jury duty, a
claimant may not be considered ineligible in any week for failing
to comply with the provisions of this subsection.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.

 

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Session Laws, 1986
Volume 768, Page 865   View pdf image
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