2011 Louisiana Laws
Revised Statutes
TITLE 23 — Labor and worker's compensation
RS 23:1750.7 — Benefits

§1750.7. Benefits

A. The shared-work unemployment compensation weekly benefit amount shall be the product of the regular weekly unemployment compensation amount multiplied by the percentage of reduction of at least ten percent in the individual's usual weekly hours of work.

B. An individual may be eligible for shared-work unemployment compensation benefits or unemployment compensation, as appropriate, except that no individual shall be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for unemployment compensation, nor shall an individual be paid shared-work unemployment compensation benefits for more than twenty-six weeks, whether or not consecutive, in any benefit year pursuant to a shared-work plan.

C. The shared-work unemployment compensation benefits paid an individual shall be deducted from the maximum entitlement amount established for that individual's benefit year.

D. Claims for shared-work unemployment compensation benefits shall be filed in the same manner as claims for unemployment compensation or as prescribed in regulations by the administrator.

E. Except as otherwise provided in this Part, provisions of this Chapter that are applicable to unemployment compensation claimants shall apply to shared-work unemployment compensation claimants. An individual who files an initial claim for shared-work unemployment compensation benefits shall be provided, if eligible therefor, a monetary determination of entitlement to shared-work unemployment compensation benefits and shall serve a waiting week.

F.(1) If an individual works in the same week for an employer other than the shared-work employer and his combined hours of work for both employers are equal to or greater than the usual hours of work with the shared-work employer, he or she shall not be entitled to benefits under these shared-work provisions or the unemployment compensation provisions.

(2) If an individual works in the same week for both the shared-work employer and another employer and his combined hours of work for both employers are equal to or less than ninety percent of the usual hours of work for the shared-work employer, the benefit amount payable for that week shall be the weekly unemployment compensation amount reduced by the same percentage that the combined hours are of the usual hours of work. A week for which benefits are paid under this provision shall count as a week of shared-work unemployment compensation.

(3) If an individual, with the approval of the employer, did not work during any portion of the work week, other than the reduced portion covered by the shared-work plan, he or she shall not be disqualified for such absence or deemed ineligible for shared-work unemployment benefits for that reason alone.

G. An individual who performs no services during a week for the shared-work employer and is otherwise eligible, shall be paid the full weekly unemployment compensation amount. Such a week shall not be counted as a week with respect to which shared-work unemployment compensation was received.

H. An individual who does not work for the shared-work employer during a week, but works for another employer and is otherwise eligible, shall be paid benefits for that week under the partial unemployment compensation provisions of this Chapter. Such a week shall not be counted as a week with respect to which shared-work unemployment compensation was received.

I. Nothing in this Part shall preclude an otherwise eligible claimant from drawing total or partial unemployment benefits when he has exhausted his shared-work benefits.

Acts 1985, No. 895, §1, eff. Jan. 1, 1986.