North Carolina § 96-15 - 01. Establishing a benefit year.

§ 96-15. 01. Establishing a benefit year.

Initial Unemployment. - An individual is unemployed for the purpose of establishing a benefit year if one of the following conditions is met: Payroll attachment. - The individual has payroll attachment but because of lack of work during the payroll week for which the individual is requesting the establishment of a benefit year, the individual worked less than the equivalent of three customary scheduled full-time days in the establishment, plant, or industry in which the individual has payroll attachment as a regular employee. No payroll attachment. - The individual has no payroll attachment on the date the individual files a claim for unemployment benefits. Unemployed. - For benefit weeks within an established benefit year, a claimant is unemployed as provided in this subsection: Totally unemployed. - The claimant's earnings for the week, including payments in subsection (c) of this section, would not reduce the claimant's weekly benefit amount as calculated in G.S. 96-14.2. Partially unemployed. - The claimant is payroll attached and both of the following apply: The claimant worked less than three customary scheduled full-time days in the establishment, plant, or industry in which the claimant is employed because of lack of work during the payroll week for which the claimant is requesting benefits. The claimant's earnings for the payroll week for which the claimant is requesting benefits, including payments in subsection (c) of this section, would qualify the claimant for a reduced weekly benefit amount as calculated in G.S. 96-14.2. Part-totally unemployed. - The claimant has no payroll attachment during all or part of the week, and the claimant's earnings for odd jobs or subsidiary work would qualify the claimant for a reduced weekly benefit amount as calculated in G.S. 96-14.2. Separation Payments. - An individual is not unemployed if, with respect to the entire calendar week, the individual receives or will receive as a result of the individual's separation from work remuneration in any form. Amounts paid to an individual for paid time off that was available, but unused, before the individual's separation under a written policy in effect before the individual's separation are not remuneration as a result of separation. If the remuneration is given in a lump sum, the amount must be allocated on a weekly basis as if it had been earned by the individual during a week of employment. An individual may be unemployed, as provided in subsection (b) of this section, if the individual is receiving payment applicable to less than the entire week. Substitute School Personnel. - An individual that performs service in a school as a substitute is not unemployed for days or weeks when the individual is not called to work unless the individual was employed as a full-time substitute during the period of time for which the individual is requesting benefits. For purposes of this subsection, a full-time substitute is an employee that works for more than 30 hours a week for the school on a continual basis for a period of six months or more. History (2013-2, s. 7(b); 2013-224, s. 19; 2017-8, s. 2(a).) Editor's Note. - Session Laws 2013-2, s. 11, as amended by Session Laws 2013-224, s. 19, provides: "This act becomes effective July 1, 2013. Changes made by this act to unemployment benefits apply to claims for benefits filed on or after June 30, 2013. The requirements of G.S. 96-15(a1) apply to any week of an attached claim filed on or after June 30, 2013. Changes made by this act to require an account balance by an employer that is a governmental entity or a nonprofit organization and that elects to finance benefits by making reimbursable payments in lieu of contributions apply to advance payments payable for calendar quarters beginning on or after July 1, 2013. Changes made by this act to the determination and application of the contribution rate apply to contributions payable for calendar quarters beginning on or after January 1, 2014." Session Laws 2017-8, s. 2(b) made the amendments to subsection (c) by Session Laws 2017-8, s. 2(a), effective July 1, 2017, and applicable to claims for benefits filed on or after that date. Effect of Amendments. - Session Laws 2017-8, s 2(a), in subsection (c), substituted "in any form" in the first sentence, added the second sentence, and deleted former subdivisions (c)(1)-(6), which read: "(1) Wages in lieu of notice. (2) Accrued vacation pay. (3) Terminal leave pay. (4) Severance pay. (5) Separation pay. (6) Dismissal payments or wages by whatever name." For effective date and applicability, see editor's note.