2016 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 4. UNEMPLOYMENT COMPENSATION SYSTEM
CHAPTER 3. UNEMPLOYMENT DEFINED
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IC 22-4-3
Chapter 3. Unemployment Defined
IC 22-4-3-1
"Totally unemployed" defined
Sec. 1. An individual shall be deemed "totally unemployed" in any
week with respect to which no remuneration was payable to him for
personal services.
(Formerly: Acts 1947, c.208, s.301; Acts 1953, c.177, s.9.)
IC 22-4-3-2
"Partially unemployed" defined
Sec. 2. An individual is "partially unemployed" when, because of
lack of available work, he is working less than his normal customary
full-time hours for his regular employer and his remuneration is less
than his weekly benefit amount in any calendar week, but no
individual shall be deemed totally, part-totally, or partially
unemployed in any week which he is regularly and customarily
employed full-time on a straight commission basis.
(Formerly: Acts 1947, c.208, s.302.)
IC 22-4-3-3
Exceptions; on call or as needed employment
Sec. 3. An individual is not totally unemployed, part-totally
unemployed, or partially unemployed for any week in which the
individual:
(1) is regularly and customarily employed on an on-call or as
needed basis; and
(2) has:
(A) remuneration for personal services payable to the
individual; or
(B) work available from the individual's on-call or as needed
employer.
As added by P.L.2-2011, SEC.1.
IC 22-4-3-4
Exception; vacation period with remuneration
Sec. 4. An individual is not totally unemployed, part-totally
unemployed, or partially unemployed for any week in which the
department finds that the individual:
(1) is on a vacation week; and
(2) is receiving, or has received, remuneration from the
employer for that week.
As added by P.L.2-2011, SEC.2. Amended by P.L.6-2012, SEC.151;
P.L.121-2014, SEC.7.
IC 22-4-3-5
Exception; vacation period without remuneration by agreement or
Indiana Code 2016
policy
Sec. 5. (a) Subject to subsection (b), an individual is not totally
unemployed, part-totally unemployed, or partially unemployed for
any week in which the department finds the individual:
(1) is on a vacation week; and
(2) has not received remuneration from the employer for that
week, because of:
(A) a written contract between the employer and the
employees; or
(B) the employer's regular vacation policy and practice.
(b) Subsection (a) applies only if the department finds that the
individual has a reasonable assurance that the individual will have
employment available with the employer after the vacation period
ends.
As added by P.L.2-2011, SEC.3. Amended by P.L.6-2012, SEC.152;
P.L.121-2014, SEC.8.
Indiana Code 2016
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