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| Section: |
Employee/Labor Relations |
Section Number: |
4.4.3 |
| Subject: |
Mandated Benefits: Unemployment Compensation |
Date of Present Issue: |
04/15/96 |
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Date of Previous Issues:
06/79, 11/81, 01/87 |
POLICY:
Employees at Lake Superior State University are covered by the provisions
of the Michigan Employment Security Act and the Federal Unemployment Tax Act.
- EXCLUSIONS
Provisions of the acts exclude from coverage some of the following services:
- Services performed in the employ of the University by a person who
is "primarily a student" and enrolled at the University, pursuing a
course of study for academic credit and while enrolled, normally works
30 hours or less per week for the University.
- Services performed by a spouse of such a student, if given written
notice at the start of such service that the employment is under a
program to provide financial assistance to such student, and that such
employment will not be covered by any program of unemployment compensation.
- Services performed by an individual less than 22 years of age who
is enrolled, at a nonprofit or public educational institution which
normally maintains a regular faculty and curriculum and normally has
a regularly organized body of students in attendance at the place where
its educational activities are carried on, as a student in a full-time
program, taken for credit at the institution, which combines academic
instruction with work experience, if the service is an integral part
of the program, and the institution has certified that fact to the
employer. This subdivision shall not apply to service performed in
a program established for or on behalf of an employer or group of employers.
- Services performed by a student of any age if employment is a formal
and accredited part of the regular curriculum of the University.
- Services performed by an individual employed at the University in
an instructional, research, or principal administrative capacity. Benefits
shall not be paid to such individuals for any week(s) of unemployment
between two academic years, or semesters, whether successive or not,
during an established and customary vacation period or holiday recess,
or a paid sabbatical leave, if the individual was employed by the University
immediately before the aforementioned period(s) and there is a contract,
or reasonable assurance that employment by the University will continue
in an instructional, research or principal administrative capacity
immediately following the aforementioned period(s).
- Services performed by an individual employed at the University in
other than an instructional, research or principal administrative capacity.
Benefits shall not be paid to such individuals for any week(s) of unemployment
between two successive academic years or semesters, if the individual
performed the service in the first of the academic years or semesters,
and there is reasonable assurance delivered to the individual that
he/she will perform the service in the second of the academic years
or semesters, or during an established and customary vacation period
or holiday recess, if they performed the service in the period immediately
before the recess and have a contract or reasonable assurance that
they will perform the work immediately following the recess or vacation
period.
- An individual shall not be deemed to be unemployed or receive unemployment
benefits during any leave of absence from work granted by the employer
either at the request of the individual or pursuant to a bargaining
unit agreement. This does not apply to individuals who elect a layoff
option provided under a bargaining unit agreement or employer plan
when there is a temporary layoff because of lack of work, and the employer
consents thereto.
- ADVOCACY ASSISTANCE PROGRAM
A program has been implemented to provide, upon request, claimant and
employer advocacy assistance. The purpose of the program is to provide
information, consultation, and representation to claimants and employers
relating to the referee or board of review appeal levels, or both. Please
review the Michigan Employment Security Act for additional details.
- ADMINISTRATION AND PROCESSING
The Office of Employee Relations is charged with the responsibility
to administer the unemployment compensation program at Lake Superior
State University, and to process all claims.
Only ten days from date of mailing are allowed to respond to an initial
claim, thirty days to request redetermination or to appeal a decision
to the next higher level of governmental authority. It is of the utmost
importance that claims be processed through the Employee Relations Office
without loss of time. Occasionally, initial claim forms may be sent directly
to the supervisor of a former employee. All personnel handling mail in
campus offices should forward without delay all communications from any
Employment Security Commission of any state to the Employee Relations
Office.
- BENEFITS
The 1984 amendments to certain sections of the Unemployment Tax Act,
P.A. 1936 and the Michigan Employment Security Act:
- An individual shall be eligible for benefits if the individual has
the required credit weeks (whether from one employer or as a multi-employer
claim), has filed a claim, registers for work and reports to the local
unemployment office as necessary, and is able and available to perform
suitable work for which the individual is qualified.
- See Section 27 of the Michigan Employment Security Act for information
on benefit payments. See Section 50 of the Michigan Employment Security
Act for a definition of "week" and "credit week."
- An individual shall be disqualified for benefits when leaving work
voluntarily without good cause attributable to the employer, being
discharged for misconduct connected with the individual's work, for
participating in an illegal strike, for assault and battery connected
with the individual's work, for theft, discharged for intoxication
while at work, for willful destruction of property, or convicted of
violation of the law resulting in a prison sentence.
- Please review the Michigan Employment Security Act, Section 29 (3),
for information relating to re-qualifying acts.
- COSTS
The University is a "reimbursing employer" under the Michigan Employment
Security Act. This means that all unemployment benefits paid out, for
both regular and extended benefit periods, by the Michigan Employment
Security Commission to former employees of the University who are eligible
for these benefits, are billed directly to the University, and are paid
for by the University from its various operating funds.
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