WEST virginia legislature

2017 regular session

Committee Substitute

for

Senate Bill 316

By Senator Blair

[Originating in the Committee on the Workforce; reported on March 23, 2017]

A BILL to amend and reenact §21A-6-1a of the Code of West Virginia, 1931, as amended, relating to seasonal employment in connection with unemployment compensation benefits; establishing that seasonal employment shall not be distinguishable from employment in general for unemployment compensation benefits determination; and clarifying that seasonal employment has no bearing on ability to file a claim for unemployment benefits provided other eligibility requirements are satisfied.

Be it enacted by the Legislature of West Virginia:

That §21A-6-1a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6. employee eligibility; benefits.

§21A-6-1a. Seasonal employment.

An individual working less than one hundred days during his base period in an industry recognized as seasonal, such as food processing and canning, shall not be eligible for benefits unless he has earned wages during his base period in other covered employment equal to not less than $100.    No distinction shall be made between employees in general and employees who work on a seasonal basis.  The fact that an employee may have only seasonal employment has no bearing on his or her ability to file a claim for benefits following the loss of such employment provided all eligibility qualifications of this chapter are satisfied.