108.04(16)(a)(a) The department shall not reduce benefits under
sub. (1) (a) 1., or deny benefits under
sub. (1) (a) 2.,
(2) (a) or
(d), or
(8) or
s. 108.141 (3g) to any otherwise eligible individual for any week as a result of the individual's enrollment in a course of vocational training or basic education which is a prerequisite to such training, provided the department determines that:
108.04(16)(a)1.
1. The course is expected to increase the individual's opportunities to obtain employment;
108.04(16)(a)2.
2. The training is given by a school established under
s. 38.02 or other training institution approved by the department;
108.04(16)(a)3.
3. The individual is enrolled full time as determined by the training institution;
108.04(16)(a)4.
4. The course does not grant substantial credit leading to a bachelor's or higher degree; and
108.04(16)(a)5.
5. The individual is attending regularly and making satisfactory progress in the course. The department may require the training institution to file a certification showing the individual's attendance and progress.
108.04(16)(b)
(b) The department shall not apply any benefit reduction or disqualification under
sub. (1) (b),
(7) (c), or
(8) (e) or
s. 108.141 (3g) that is not the result of training or basic education under
par. (a) while an individual is enrolled in a course of training or education that meets the standards specified in
par. (a).
108.04(16)(c)
(c) If an individual is enrolled in an a program administered by the department for the training of unemployed workers that was in existence on October 1, 2003, other than the Youth Apprenticeship Program under
s. 106.13 or a plan for training of youth approved under
29 USC 2822, then notwithstanding any failure of the program to meet the standards specified in
par. (a):
108.04(16)(d)
(d) If an individual is enrolled under the plan of any state for training under
19 USC 2296 or a plan for training of dislocated workers approved under
29 USC 2822:
108.04(16)(d)1.
1. The department shall not deny benefits under
sub. (7) as a result of the individual's leaving unsuitable work to enter or continue such training; and
108.04(16)(d)2.
2. The requalifying requirements under
subs. (7) and
(8) do not apply while the individual is enrolled in such training.
108.04(16)(e)
(e) The department shall charge to the fund's balancing account the cost of benefits paid to an individual that are otherwise chargeable to the account of an employer that is subject to the contribution requirements of
ss. 108.17 and
108.18 if the individual receives benefits based on the application of
par. (b),
(c) 2., or
(d).
108.04(17)(a)(a) A school year employee of an educational institution who performs services in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(a)1.
1. During the period between 2 successive academic years or terms, if the school year employee performed such services for any educational institution in the first such year or term and if there is reasonable assurance that he or she will perform such services for any educational institution in the 2nd such year or term; or
108.04(17)(a)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employee provides for such a period, if the school year employee performed such services for any educational institution in the first such term and if there is reasonable assurance that he or she will perform such services for any educational institution in the 2nd such term.
108.04(17)(b)
(b) A school year employee of a government unit, Indian tribe, or nonprofit organization which provides services to or on behalf of an educational institution who performs services in an instructional, research, or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(b)1.
1. During the period between 2 successive academic years or terms, if the school year employee performed such services for any such government unit, Indian tribe, or nonprofit organization in the first such year or term and if there is reasonable assurance that he or she will perform such services for any such government unit, Indian tribe, or nonprofit organization in the 2nd such year or term; or
108.04(17)(b)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employee provides for such a period, if the school year employee performed such services for any such government unit, Indian tribe, or nonprofit organization in the first such term and if there is reasonable assurance that he or she will perform such services for any such government unit, Indian tribe, or nonprofit organization in the 2nd such term.
108.04(17)(c)
(c) A school year employee of an educational service agency who performs services in an instructional, research or principal administrative capacity, and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(c)1.
1. During the period between 2 successive academic years or terms, if the school year employee performed such services for any educational service agency in the first such year or term and if there is reasonable assurance that he or she will perform such services for any educational service agency in the 2nd such year or term; or
108.04(17)(c)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employee provides for such a period, if the school year employee performed such services for any educational service agency in the first such term and if there is reasonable assurance that he or she will perform such services for any educational service agency in the 2nd such term.
108.04(17)(d)
(d) A school year employee of an educational institution who performs services other than in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employee performed such services for any educational institution in the first such year or term and there is reasonable assurance that he or she will perform such services for any educational institution in the 2nd such year or term.
108.04(17)(e)
(e) A school year employee of a government unit, Indian tribe, or nonprofit organization which provides services to or on behalf of any educational institution who performs services other than in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employee performed such services for any such government unit or nonprofit organization in the first such year or term and there is reasonable assurance that he or she will perform such services for any such government unit, Indian tribe, or nonprofit organization in the 2nd such year or term.
108.04(17)(f)
(f) A school year employee of an educational service agency who performs services other than in an instructional, research or principal administrative capacity, and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employee performed such services for any educational service agency in the first such year or term and there is reasonable assurance that he or she will perform such services for any educational service agency in the 2nd such year or term.
108.04(17)(g)
(g) A school year employee of an educational institution who performs services as described in
par. (a) or
(d) is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employee performed such services for any educational institution in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that he or she will perform the services described in
par. (a) or
(d) for any educational institution in the period immediately following the vacation period or holiday recess.
108.04(17)(h)
(h) A school year employee of a government unit, Indian tribe, or nonprofit organization which provides services to or on behalf of an educational institution who performs the services described in
par. (b) or
(e) is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employee performed such services for any such government unit, Indian tribe, or nonprofit organization in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that the school year employee will perform the services described in
par. (b) or
(e) for any such government unit, Indian tribe, or nonprofit organization in the period immediately following the vacation period or holiday recess.
108.04(17)(i)
(i) A school year employee of an educational service agency who performs the services described in
par. (c) or
(f), and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employee performed such services for any educational service agency in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that the school year employee will perform the services described in
par. (c) or
(f) for any educational service agency in the period immediately following the vacation period or holiday recess.
108.04(17)(j)
(j) A school year employee who did not establish a benefit year prior to becoming ineligible to receive benefits under
pars. (a) to
(i) may establish a benefit year on or after that date if the school year employee qualifies to establish a benefit year under
s. 108.06 (2) (a), but the wages paid the school year employee for any week during which
pars. (a) to
(i) apply shall be excluded from the school year employee's base period wages under
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) for any week during which
pars. (a) to
(i) apply. A school year employee who established a benefit year prior to becoming ineligible to receive benefits under
pars. (a) to
(i) may receive benefits based on employment with other employers during the benefit year only if he or she has base period wages from such employment sufficient to qualify for benefits under
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) for any week during which
pars. (a) to
(i) apply.
108.04(17)(k)
(k) If benefits are reduced or denied to a school year employee who performed services other than in an instructional, research or principal administrative capacity under
pars. (d) to
(f), and the department later determines that the school year employee was not offered an opportunity to perform such services for an applicable employer under
pars. (d) to
(f) in the 2nd academic year or term, the department shall recompute the school year employee's base period wages under
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) and shall make retroactive payment of benefits for each week of such reduction or denial if the school year employee:
108.04(17)(k)1.
1. Establishes a benefit year for the period for which retroactive payment is to be made, in the manner prescribed by rule of the department, if the school year employee has not established such a benefit year;
108.04(17)(k)2.
2. Files a claim under
s. 108.08 for each week of reduction or denial in the manner prescribed by rule of the department; and
108.04(17)(k)3.
3. Was otherwise eligible to receive benefits for those weeks.
108.04(18)(a)(a) The wages paid to an employee who performed services while the employee was an alien shall, if based on such services, be excluded from the employee's base period wages for purposes of
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) unless the employee is an alien who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for the purpose of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212 (d) (5) of the federal immigration and nationality act (
8 USC 1182 (d) (5)). All claimants shall be uniformly required to provide information as to whether they are citizens and, if they are not, any determination denying benefits under this subsection shall not be made except upon a preponderance of the evidence.
108.04(18)(am)
(am) Paragraph (a) does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under
par. (a) if the employee qualifies to establish a benefit year under
s. 108.06 (2) (a).
108.04(18)(b)
(b) Any amendment of s. 3304 (a) (14) of the federal unemployment tax act specifying conditions other than as stated in
par. (a) for denial of benefits based on services performed by aliens, or changing the effective date for required implementation of
par. (a) or such other conditions, which is a condition of approval of this chapter for full tax credit against the tax imposed by the federal unemployment tax act, shall be applicable to this subsection.
108.04(19)
(19) Professional athletes. An employee who performs services substantially all of which consist of participating in sports or athletic events, or training or preparing to so participate, shall be ineligible for benefits based on any employment for any week of unemployment which occurs during the period between 2 successive sport seasons or similar periods if the employee performed such services in the first such season or period and there is a reasonable assurance that the employee will perform such services in the 2nd such season or period.
108.04 History
History: 1971 c. 40,
42,
53,
211;
1973 c. 247;
1975 c. 24,
343;
1977 c. 127,
133,
286,
418;
1979 c. 52,
176;
1981 c. 28,
36,
315,
391;
1983 a. 8,
27,
99,
168;
1983 a. 189 s.
329 (28);
1983 a. 337,
384,
468,
538;
1985 a. 17,
29,
40;
1987 a. 38 ss.
23 to
59,
107,
136;
1987 a. 255,
287,
403;
1989 a. 77;
1991 a. 89;
1993 a. 112,
122,
373,
492;
1995 a. 118,
417,
448;
1997 a. 35,
39;
1999 a. 9,
15,
83;
2001 a. 35;
2003 a. 197;
2005 a. 86;
2007 a. 59.
108.04 Cross-reference
Cross Reference: See also chs.
DWD 132 and
133, Wis. adm. code.
108.04 Annotation
Employees at Wisconsin terminals of trucking companies who were laid off as a result of a strike at a Chicago terminal were eligible for unemployment compensation because the Chicago terminal was a separate establishment. Liberty Trucking Co. v. DILHR,
57 Wis. 2d 331,
204 N.W.2d 457 (1973).
108.04 Annotation
"New work" in sub. (9) includes indefinitely laid off employees who are recalled, as well as new job applicants. The department must determine whether a laid-off employee had good cause for refusing work on a different shift with a higher pay scale. Allen-Bradley Co. v. DILHR,
58 Wis. 2d 1,
205 N.W.2d 129 (1973).
108.04 Annotation
When a union that had given a notice of contract termination withdrew it before a strike began, there was no labor dispute in progress when the employer later closed its plant. Kansas City Star Co. v. DILHR,
60 Wis. 2d 591,
211 N.W.2d 488 (1973).
108.04 Annotation
Intent is a crucial question in determining misconduct under sub. (5), but is not determinative. Carelessness or negligence that manifests equal culpability, wrongful intent, or evil design is misconduct. McGraw-Edison Co. v. DILHR,
64 Wis. 2d 703,
221 N.W.2d 677 (1974).
108.04 Annotation
A self-employed claimant who was both the employee and the employer could not disassociate his fault or misfortune as an employer so as to become eligible for unemployment benefits under sub. (7) (b). Fish v. White Equipment Sales & Service, Inc.
64 Wis. 2d 737,
221 N.W.2d 864 (1974).
108.04 Annotation
Masons, unemployed because their employer locked out masons' laborers, were ineligible under sub. (10) for benefits because the masons would have been working "but for" a bona fide labor dispute. De Leeuw v. DILHR,
71 Wis. 2d 446,
238 N.W.2d 706 (1976).
108.04 Annotation
Refusal to comply with an employer's grooming code that was not necessary for safety was not misconduct under sub. (5). If an employee's grooming choices create an unreasonable safety hazard in violation of an employer's reasonable safety rule, the rule may be justified notwithstanding the right of free expression. Consolidated Construction Co., Inc. v. Casey,
71 Wis. 2d 811,
238 N.W.2d 758 (1976).
108.04 Annotation
Striking employees discharged during a strike are not ineligible for benefits because of sub. (10). Hiring permanent replacements is not an automatic discharge of the employees who are replaced. The employer must take some affirmative action to replace the employees, determined by the conduct of the employer and employees. Carley Ford Lincoln Mercury, Inc. v. Bosquette,
72 Wis. 2d 569,
241 N.W.2d 596.
108.04 Annotation
"Fault" under sub. (1) (f), in the context of an employee's failure to pass a licensing examination, means blameworthy or negligent conduct, not incompetence. Milwaukee County v. DILHR,
80 Wis. 2d 445,
259 N.W.2d 118 (1977).
108.04 Annotation
Picketing in violation of a collective bargaining agreement was misconduct under sub. (6) (a). Universal Foundry Co. v. DILHR,
86 Wis. 2d 582,
273 N.W.2d 324 (1979).
108.04 Annotation
The decision of a company's sole shareholders, who were also its sole employees, to file for voluntary bankruptcy disqualified them for unemployment benefits. Hanmer v. DILHR,
92 Wis. 2d 90,
284 N.W.2d 587 (1979).
108.04 Annotation
An employee who refused on religious grounds to pay mandatory union dues did not voluntarily terminate employment under sub. sub. (7) (a). Nottelson v. DILHR,
94 Wis. 2d 106,
287 N.W.2d 763 (1980).
108.04 Annotation
An employee who voluntarily terminated part-time employment, which prior to termination had not affected eligibility, became ineligible under sub. (7) (a). Ellingson v. DILHR,
95 Wis. 2d 710,
291 N.W.2d 649 (Ct. App. 1980).
108.04 Annotation
An employee who was transferred to a workplace 25 miles away and did not receive a pay increase to cover the increased commuting costs had good cause to quit. Farmers Mill of Athens, Inc. v. DILHR,
97 Wis. 2d 576,
294 N.W.2d 39 (Ct. App. 1980).
108.04 Annotation
Falsification of an employment application with respect to a criminal record constitutes "misconduct" under sub. (5), regardless of materiality to the employee's particular job. Miller Brewing Co. v. DILHR,
103 Wis. 2d 496,
308 N.W.2d 922 (Ct. App. 1981).
108.04 Annotation
Whether leaving work without permission as the result of an alleged safety violation was misconduct is determined based on whether a reasonable person would reasonably believe that the given working conditions presented a hazard to health or safety. Wehr Steel Co. v. DILHR,
106 Wis. 2d 111,
315 N.W.2d 357 (1982).
108.04 Annotation
Sub. (10) does not deny equal protection to nonstriking workers laid off because of a strike. Jenks v. DILHR,
107 Wis. 2d 714,
321 N.W.2d 347 (Ct. App. 1982).
108.04 Annotation
Under sub. (1) or (7), a pregnant employee who could not perform her specific job but could do other work was eligible for benefits. Rhinelander Paper Co., Inc. v. DILHR,
120 Wis. 2d 162,
352 N.W.2d 679 (Ct. App. 1984).
108.04 Annotation
A teacher who forgot to accept an employment offer under s. 118.22 (2) and who was consequently terminated did not voluntarily terminate employment under sub. (7). Nelson v. LIRC,
123 Wis. 2d 221,
365 N.W.2d 629 (Ct. App. 1985).
108.04 Annotation
A claimant who was physically able to perform less than 15% of the jobs in the job market was ineligible under sub. (2) (a). Brooks v. LIRC,
138 Wis. 2d 106,
405 N.W.2d 705 (Ct. App. 1987).
108.04 Annotation
"Reasonable assurance" under sub. (17) (b) is a written, implied, or verbal agreement pursuant to which the employee will perform similar services during the following academic term. Farrell v. LIRC,
147 Wis. 2d 476,
433 N.W.2d 269 (Ct. App. 1988).
108.04 Annotation
Under sub. (10) (d), "lockout" requires that the employer physically bar employees' entrance into the workplace; there is no inquiry into the cause for the work stoppage. Trinwith v. LIRC,
149 Wis. 2d 634,
439 N.W.2d 581 (Ct. App. 1989).
108.04 Annotation
The federal immigration act did not retroactively confer permanent resident status on an alien for compensation purposes under sub. (18). Pickering v. LIRC,
156 Wis. 2d 361,
456 N.W.2d 874 (Ct. App. 1990).
108.04 Annotation
A teacher was entitled to unemployment benefits during the summer break between academic years when the teacher was permanently employed for all of the first academic year but was offered employment as a long-term substitute for the first semester of the second academic year. DILHR v. LIRC,
161 Wis. 2d 231,
467 N.W.2d 545 (1991).
108.04 Annotation
Sub. (17) (c) [now (17) (g)] was not applicable to a teacher who qualified for benefits although working periodically as substitute. Wanish v. LIRC,
163 Wis. 2d 901,
472 N.W.2d 596 (Ct. App. 1991).
108.04 Annotation
Employment offers by a temporary employment agency at rates substantially lower than the prevailing rates for similar work was "good cause" under sub. (7) (b); sub. (7) (f) does not preclude a finding of "good cause" when the offered wage is more than two-thirds of the prior wage. Cornwell Personnel Associates v. LIRC,
175 Wis. 2d 537,
499 N.W.2d 705 (Ct. App. 1993).
108.04 Annotation
LIRC's interpretation of ``suitable work" in sub. (8) (a) as being work that is reasonable considering the claimant's training, experience, and length of unemployment and of ``became unemployed" in sub. (8) (d) as being when the person is no longer performing services for the employer are reasonable and consistent with the scheme of ch. 108. Hubert v. LIRC,
186 Wis. 2d 590,
522 N.W.2d 512 (Ct. App. 1994).
108.04 Annotation
Sub. (8) (d) describes a situation when "good cause" under sub. (8) (a) must be found. It does not mean there is no "good cause" if its conditions are not met. DILHR v. LIRC,
193 Wis. 2d 391,
535 N.W.2d 6 (Ct. App. 1995).
108.04 Annotation
Excessive tardiness, which disrupted an office work schedule, rose to the level of misconduct under sub. (5). Charette v. LIRC,
196 Wis. 2d 956,
540 N.W.2d 239 (Ct. App. 1995),
94-3238.
108.04 Annotation
A "reasonable assurance" of employment under sub. (17) (a) 1. requires an offer of employment under similar terms and circumstances, including location. Jobs 180 miles apart are not similar; the offer of such a job does not terminate benefits. Bunker v. LIRC,
197 Wis. 2d 606,
541 N.W.2d 168 (Ct. App. 1995),
95-0174.
108.04 Annotation
Misconduct under sub. (5) is the intentional and substantial disregard of of an employer's interests. The crucial question is the employee's intent or attitude that attends the conduct alleged to be misconduct. Bernhardt v. LIRC,
207 Wis. 2d 292,
558 N.W.2d 874 (Ct. App. 1996),
95-3549.
108.04 Annotation
To be entitled to benefits under sub. (7) (am), there must be an identifiable, threatened suspension or termination of another employee's work and not just a response to separation incentives offered by the employer as a cost-cutting measure. Berry v. LIRC,
213 Wis. 2d 397,
570 N.W.2d 610 (Ct. App. 1997),
97-0260.
108.04 Annotation
The definition of "employer" under sub. (10) (d) does not include an employer joined or associated with another for the purpose of collective bargaining who is not subject to a strike against the other employer. Brauneis v. LIRC, 2000 WI 69,
236 Wis. 2d 27,
612 N.W.2d 635,
98-2212.
108.04 Annotation
LIRC could reasonably decide that an employee's physical assault of another employee in reaction to discriminatory, harassing comments of a non-physical nature was misconduct under sub. (5) even though the employer may have failed to properly respond to the employee's past complaints. Lopez v. LIRC, 2002 WI App 63,
252 Wis. 2d 476,
642 N.W.2d 561,
01-0165.
108.04 Annotation
To demonstrate voluntary termination of employment for good cause under sub. (7) (b), the employee must show that the termination involved real and substantial fault on the part of the employer. Moving in violation of residency requirements of a collective bargaining agreement was inconsistent with continuation of an employer-employee relationship and constituted voluntarily termination of employment. That both the employee and her new spouse were subject to residency requirements that, if honored, would have prevented their living together was not "good cause" for termination. Klatt v. LIRC, 2003 WI App 197,
266 Wis. 2d 1038,
669 N.W.2d 752,
02-3218.
108.04 Annotation
The appropriateness of establishing an off-duty work rule is determined at the time of the creation of the rule and not at the time of the violation of the rule. In this case, the employer and the union established a last chance agreement process to assist employees with drug and alcohol problems while providing a safe work environment for all employees. It is not relevant that the precipitating fact of the employee's discharge was violating his last chance agreement without causing a safety-related incident. Patrick Cudahy Incorporated v. LIRC, 2006 WI App 211,
296 Wis. 2d 751,
723 N.W. 2d 756,
05-2074.
108.04 Annotation
The denial of unemployment compensation to a Jehovah's Witness who quit a job due to religious beliefs was a violation of the right to free exercise of religion. Thomas v. Review Board of the Indiana Employment Security Division,
450 U.S. 707 (1981).
108.04 Annotation
Voluntary termination not found where there is meritorious excuse for refusal to pay union dues based on religious ground. 64 MLR 203 (1980).
108.04 Annotation
Unemployment compensation - An examination of Wisconsin's "active progress" labor dispute disqualification provision. 1982 WLR 907.
108.04 Annotation
Winning denials of unemployment compensation claims. Thorne. WBB June 1983.
108.05
108.05
Amount of benefits. 108.05(1)(n)(n) Each eligible employee shall be paid benefits for each week of total unemployment that commences on or after December 29, 2002, and before January 1, 2006, at the weekly benefit rate specified in this paragraph. Unless
sub. (1m) applies, the weekly benefit rate shall equal 4% of the employee's base period wages that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employee and, if that amount is more than the maximum amount shown in the following schedule, the employee's weekly benefit rate shall be the maximum amount shown in the following schedule and except that, if the employee's benefits are exhausted during any week under
s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (n) following]
-
See PDF for table 
-
See PDF for table
