2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 21. LABOR AND INDUSTRIAL RELATIONS
383. Hawaii Employment Security Law
§383-29.7 Partial unemployment; claim filing requirements, determinations.

[ §383-29.7] Partial unemployment; claim filing requirements, determinations. [Section repealed on July 1, 2012. L 2010, c 76, §3.] (a) Claims for partial unemployment shall be filed according to section 383-32. For partially unemployed individuals, a new claim may be taken within twenty-eight days from the week-ending date of the first week of partial unemployment for which the claim is filed; provided that an individual shall not be required to file a claim earlier than two weeks from the date wages are paid for the claim period.

(b) Continued claim certifications for partial benefits shall be filed as follows:

(1) An individual may file a continued claim certification for partial unemployment benefits in person, by mail, by telephone, or by using other alternative claim filing procedures as instructed or authorized by the department and in the manner prescribed by the department with respect to each week of the individual's partial unemployment. A continued claim certification shall be filed in the same manner as prescribed in rules of the department for continued claim certifications for total or part-total unemployment benefits and not later than twenty-eight days from the end of the week for which the individual claims benefits; provided that an individual shall not be required to file a continued claim certification earlier than two weeks from the date wages are paid for a claim period.

(2) If, after a week of partial unemployment, eight or fewer consecutive weeks of total unemployment follow the week of partial unemployment, the weeks of total unemployment may be deemed weeks of partial unemployment. However, if total unemployment extends beyond eight consecutive weeks, the individual shall be deemed totally unemployed.

(3) Notwithstanding paragraph (2), the department may extend partial unemployment beyond eight consecutive weeks of total unemployment under conditions including but not limited to:

(A) The individual is retained in an employer-employee relationship;

(B) The individual is under obligation to reserve services for the employer; and

(C) The individual has a definite or reasonably imminent return to work date. [L 2009, c 170, pt of §2, §7]