§ 28-44-21 - Vacation periods.
SECTION 28-44-21
§ 28-44-21 Vacation periods. – An individual who has established eligibility for benefits by conforming to theprovisions of §§ 28-44-12 and 28-44-13 and who is otherwise eligibleand who files a claim for waiting period credits or unemployment compensationbenefits during a bona fide vacation period as determined by the director shallbe ineligible for waiting period credits or benefits, unless he or she can showto the satisfaction of the director:
(1) That he or she did not receive and is not entitled toreceive directly or indirectly as an incident to a vacation period any vacationpay, remuneration, or similar payment; or
(2) That the vacation pay, remuneration, or similar payment,which the individual receives or is entitled to receive in connection with thatvacation period, is less than his or her weekly benefit rate, in which casethat individual shall be entitled to waiting period credits or benefits in thesame manner as if he or she were partially employed. For the purpose ofascertaining eligibility under this section the total sum of the vacation payor other allowances shall be apportioned to the weeks of unemploymentcomprising a vacation period, as shall be determined by regulations adopted asprescribed; and
(3) That the vacation period was not the result of anindividual request on his or her part for a vacation during a period wherethere was work for him or her at the establishment at which he or she wascustomarily employed and at a time when that establishment was not shut downfor a vacation period.