Wisconsin § 108.04 - Eligibility for benefits.

§ 108.04. Eligibility for benefits.

108.04(1) (1) General disqualifications and limitations. 108.04(1)(a) (a) Except as provided in s. 108.062 (10) , if an employee is with due notice called on by his or her current employing unit to report for work actually available within a given week and is unavailable for, or unable to perform: 108.04(1)(a)1. 1. Sixteen or less hours of the work available for the week, the employee’s eligibility for benefits for that week shall be reduced under par. (bm) . 108.04(1)(a)2. 2. More than 16 hours of the work available for the week, the employee is ineligible for benefits for that week. 108.04(1)(b) (b) Except as provided in s. 108.062 (10) , if an employee is absent from work for 16 hours or less in the first week of his or her leave of absence or in the week in which his or her employment is suspended or terminated due to the employee’s unavailability for work with the employer or inability to perform suitable work otherwise available with the employer, the employee’s eligibility for benefits for that week shall be determined under par. (bm) . 108.04(1)(bm) (bm) For purposes of pars. (a) 1. and (b) , the department shall treat the amount that the employee would have earned as wages for a given week in available work as wages earned by the employee and shall apply the method specified in s. 108.05 (3) (a) to compute the benefits payable to the employee. The department shall estimate wages that an employee would have earned if it is not possible to compute the exact amount of wages that would have been earned by the employee. 108.04(1)(f) (f) If an employee is required by law to have a license issued by a governmental agency to perform his or her customary work for an employer, and the employee’s employment is suspended or terminated because the employee’s license has been suspended, revoked or not renewed due to the employee’s fault, the employee is not eligible to receive benefits until 5 weeks have elapsed since the end of the week in which the suspension or termination occurs or until the license is reinstated or renewed, whichever occurs first. The wages paid by the employer with which an employee’s employment is suspended or terminated shall be excluded from the employee’s base period wages under s. 108.06 (1) for purposes of benefit entitlement while the suspension, revocation or nonrenewal of the license is in effect. This paragraph does not preclude an employee from establishing a benefit year using the wages excluded under this paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a) . The department shall charge to the fund’s balancing account any benefits paid during a benefit year otherwise chargeable to the account of an employer that is subject to the contribution requirements of ss.