Definitions

Commissioner: the Commissioner of the Division of Unemployment Assistance or his/her designee as defined in M.G.L. c. 151A, §1(e½). Date of Certification: the actual or anticipated date of plant closing as determined by the commissioner. Dismissal Pay: payment made to an employee by the employee's employer as a result of the employee's separation from the employ of the employer. Facility: a plant, factory, commercial business, hospital, institution or other place of employment located in the commonwealth which had 50 or more employees during any month in the six month period prior to the date of certification. Payment in Lieu of Dismissal Notice: a payment made under the circumstances where the employer, not having given an advance notice of separation to an employee, whether or not notice is required and irrespective of the length of service of the employee, makes a payment to the employee equivalent to the wages which the employee could have earned had the employer permitted the employee to work during the period of the notice. Permanent Separation: the permanent severance of an employee from the employ of an employer; provided, that, for the purpose of determining whether a plant closing has occurred, an employee who has transferred to another facility owned or operated by the employer shall not be considered to be permanently separated. Plant Closing: the permanent cessation or reduction of business at a facility or facilities, where such facilities are located at a single site of employment as defined by 20 CFR 639.3(i), of at least 50 employees which results or will result as determined by the Commissioner in the permanent separation of at least 50% of the employees of the facility or facilities within a period of six months prior to the date of certification or within such other period as the commissioner shall prescribe, provided, that such period falls within the six month period prior to the date of certification. Severance Pay: a payment to an employee at the time of separation in recognition and consideration of the past services the employee has performed for the employer. The amount of the payment is usually based on years of service. Termination Pay: the maintenance by an employer of an employee's wages following the employee's separation from the employ of an employer. Termination pay includes, but is not limited to, continuation pay, so-called.