Definitions

The following words and phrases shall have the following meanings unless otherwise clearly indicated by the context of 430 CMR 12.00. Director. Director of the Department of Unemployment Assistance or the Director's designee. Functionally Distinct Occupation. An occupation in which the assigned duties or tasks are identifiably distinct from the duties or tasks assigned to employees outside the seasonal period. Mere addition of staff to perform the same or similar duties as those performed outside the season would not be considered seasonal. Less than 20 Weeks - a maximum of 19 calendar weeks as defined by M.G.L. c. 151A, § 1(t), plus any additional days of work which total at least one work day less than the customary work week of the employer as specified on its seasonal application. Seasonal Claimant. An individual who was employed by a certified seasonal employer for less than 20 weeks in a calendar year and who has filed a claim for unemployment benefits. Seasonal Determination. A certification by the Director that an employer operates all or a functionally distinct occupation within its business during a regularly recurring period(s) of less than 20 weeks in a calendar year because of the nature of the product or service or because of climatic conditions. Seasonal Employment. Service performed by an employee for wages for a certified seasonal employer during a period or periods of less than 20 weeks in a calendar year. Any such period(s) must be certified by the Director and must include definite beginning and ending dates. Seasonal Unemployment. An individual's unemployment during the seasonal period for which the individual was hired or during the next regularly recurring seasonal period following the seasonal period in which the individual earned wage credits, provided that the individual is able and available for the seasonal employment and the unemployment is due to a qualifying separation or the unavailability of seasonal work for that individual. Any claim for seasonal unemployment must be filed within the operating period of the seasonal employment. (MA REG. # 1313, Dated 5-20-16) 12.03: continued Seasonal Employer. An employer determined by the Director to be seasonal because it customarily operates all or a functionally distinct occupation within its business only during a regularly recurring period or periods of less than 20 weeks in a calendar year due to climatic conditions or the nature of the product or service. Seasonal Employee. An individual who has been employed by a seasonal employer in seasonal employment during a regularly recurring period or periods of less than 20 weeks in a calendar year for all seasonal periods, and has been notified in writing by the employer at the time hired, or immediately following the seasonal determination made by the Director that the individual is performing services in seasonal employment for a seasonal employer and such employment is limited to the beginning and ending dates of the seasonal employment as certified by the Director.