108.04(1)(gm)4.c.
c. Sale, due to economic inviability, if the sale does not result in ownership or control by substantially the same interests that owned or controlled the family corporation. It is presumed unless shown to the contrary that a sale, in whole or in part, to a spouse, parent or child of an individual who owned or controlled the family corporation, or to any combination of 2 or more of them, is a sale to substantially the same interests that owned or controlled the family corporation.
108.04(1)(h)
(h) Each employer shall inform the department in its report under
s. 108.09 (1) whenever an individual claims benefits based on employment to which
par. (g) applies. Each employee who claims benefits based on employment to which
par. (g) applies shall so inform the department when claiming benefits.
108.04(1)(hm)
(hm) The department may require any claimant to appear before it and to answer truthfully, orally or in writing, any questions relating to the claimant's eligibility for benefits and to provide such demographic information as may be necessary to permit the department to conduct a statistically valid sample audit of compliance with this chapter. A claimant is not eligible to receive benefits for any week in which the claimant fails to comply with a request by the department to provide the information required under this paragraph, or any subsequent week, until the claimant complies or satisfies the department that he or she had good cause for failure to comply with a request of the department under this paragraph. If a claimant later complies with a request by the department or satisfies the department that he or she had good cause for failure to comply with a request, the claimant is eligible to receive benefits as of the week in which the failure occurred, if otherwise qualified.
108.04(1)(i)
(i) A claimant who does not provide information sufficient for the department to determine whether the claimant has been discharged for misconduct connected with his or her employment, has voluntarily terminated his or her work, has failed without good cause to accept suitable work when offered, or has failed to return to work with a former employer that recalls the employee within 52 weeks after the employee last worked for that employer is not eligible to receive benefits for the week in which the discharge, termination or failure occurs or any subsequent week. If a claimant later provides the information and has good cause for the initial failure to provide the information, he or she is eligible to receive benefits as of the week in which the discharge, termination or failure occurred, if otherwise qualified. If a claimant later provides the information but does not have good cause for the initial failure to provide the information, he or she is eligible to receive benefits as of the week in which the information is provided, if otherwise qualified.
108.04(2)
(2) General qualifying requirements. 108.04(2)(a)(a) Except as provided in
par. (b) and
subs. (16) (am) and
(b) and
(16m) (f) and as otherwise expressly provided, a claimant is eligible for benefits as to any given week only if:
Effective date note
NOTE: Par. (a) (intro.) is amended eff. 7-1-13 by
2011 Wis. Act 123 to read:
Effective date text
(a) Except as provided in par. (b) and sub. (16) (am) and (b) and as otherwise expressly provided, a claimant is eligible for benefits as to any given week only if:
108.04(2)(a)1.
1. The individual is able to work and available for work during that week;
108.04(2)(a)2.
2. As of that week, the individual has registered for work; and
108.04(2)(a)3.
3. The individual conducts a reasonable search for suitable work during that week, unless the search requirement is waived under
par. (b). The search for suitable work must include 2 actions that constitute a reasonable search as prescribed by rule of the department. This subdivision does not apply to an individual if the department determines that the individual is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the individual by that employer. In determining whether the individual has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the individual's employment status and shall also consider other factors, including:
108.04(2)(a)3.b.
b. Any information that the employer furnished to the individual or the department concerning the individual's anticipated reemployment date; and
108.04(2)(a)3.c.
c. Whether the individual has recall rights with the employer under the terms of any applicable collective bargaining agreement.
108.04(2)(ae)
(ae) A claimant is not available for work under
par. (a) 1. in any week in which he or she is located in a country other than the United States, as defined in
s. 108.02 (15) (do) 2., or Canada for more than 48 hours unless the claimant has authorization to work in that other country and there is a reciprocal agreement concerning the payment of unemployment insurance benefits between that other country and the United States.
108.04(2)(b)
(b) The requirements for registration for work and search for work shall be prescribed by rule of the department, and the department may by general rule waive these requirements under certain stated conditions.
108.04(2)(bm)
(bm) A claimant is ineligible to receive benefits for any week for which there is a determination that the claimant failed to conduct a reasonable search for suitable work and the department has not waived the search requirement under
par. (b). If the department has paid benefits to a claimant for any such week, the department may recover the overpayment under
s. 108.22 (8).
108.04(2)(c)
(c) Each employer shall inform his or her employees of the requirements of this subsection in such reasonable manner as the department may prescribe by rule.
108.04(2)(e)
(e) Each claimant shall furnish to the department his or her social security number. If a claimant fails, without good cause, to provide his or her social security number, the claimant is not eligible to receive benefits for the week in which the failure occurs or any subsequent week until the week in which he or she provides the social security number. If the claimant has good cause, he or she is eligible to receive benefits as of the week in which the claimant first files a claim for benefits or first requests the department to reactivate an existing benefit claim.
108.04(2)(f)
(f) A claimant is ineligible to receive benefits for any week for which benefits are paid or payable because the claimant knowingly provided the department with a false social security number.
108.04 Cross-reference
Cross-reference: See also chs.
DWD 126,
127, and
128, Wis. adm. code.
108.04(3)
(3) Waiting period. The first week of a claimant's benefit year for which the claimant has timely applied and is otherwise eligible for regular benefits under this chapter is the claimant's waiting period for that benefit year.
108.04(4)(a)(a) A claimant is not eligible to start a benefit year unless the claimant has combined base period wages equal to at least 35 times the claimant's weekly benefit rate under
s. 108.05 (1), including combined base period wages equal to at least 4 times the claimant's weekly benefit rate under
s. 108.05 (1) in one or more quarters outside of the quarter within the claimant's base period in which the claimant has the highest base period wages.
108.04(4)(b)
(b) There shall be counted toward the wages required by
par. (a) any federal service, within the relevant period, which is assigned to Wisconsin under an agreement pursuant to
5 USC 8501 to
8525.
108.04(4)(c)
(c) An employee is not eligible to start a new benefit year unless, subsequent to the start of the employee's most recent benefit year in which benefits were paid to the employee, the employee has performed services and earned wages for those services equal to at least 8 times the employee's latest weekly benefit rate under
s. 108.05 (1) that was payable to the employee in the employee's most recent benefit year in employment or other work covered by the unemployment insurance law of any state or the federal government.
108.04(5)
(5) Discharge for misconduct. Unless
sub. (5g) results in disqualification, an employee whose work is terminated by an employing unit for misconduct connected with the employee's work is ineligible to receive benefits until 7 weeks have elapsed since the end of the week in which the discharge occurs and the employee earns wages after the week in which the discharge occurs equal to at least 14 times the employee's weekly benefit rate under
s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the discharge not occurred. The wages paid to an employee by an employer which terminates employment of the employee for misconduct connected with the employee's employment shall be excluded from the employee's base period wages under
s. 108.06 (1) for purposes of benefit entitlement. This subsection does not preclude an employee who has employment with an employer other than the employer which terminated the employee for misconduct from establishing a benefit year using the base period wages excluded under this subsection if the employee qualifies to establish a benefit year under
s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under
ss. 108.17 and
108.18 from which base period wages are excluded under this subsection.
108.04(5g)
(5g) Discharge for failure to notify employer of absenteeism or tardiness. 108.04(5g)(a)(a) If an employee is discharged for failing to notify his or her employer of absenteeism or tardiness that becomes excessive, and the employer has complied with the requirements of
par. (d) with respect to that employee, the employee is ineligible to receive benefits until 6 weeks have elapsed since the end of the week in which the discharge occurs and the employee earns wages after the week in which the discharge occurs equal to at least 6 times the employee's weekly benefit rate under
s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be the rate that would have been paid had the discharge not occurred.
108.04(5g)(b)
(b) For purposes of this subsection, tardiness becomes excessive if an employee is late for 6 or more scheduled workdays in the 12-month period preceding the date of the discharge without providing adequate notice to his or her employer.
108.04(5g)(c)
(c) For purposes of this subsection, absenteeism becomes excessive if an employee is absent for 5 or more scheduled workdays in the 12-month period preceding the date of the discharge without providing adequate notice to his or her employer.
108.04(5g)(d)1.1. The requalifying requirements under
par. (a) apply only if the employer has a written policy on notification of tardiness or absences that:
108.04(5g)(d)1.a.
a. Defines what constitutes a single occurrence of tardiness or absenteeism;
108.04(5g)(d)1.b.
b. Describes the process for providing adequate notice of tardiness or absence; and
108.04(5g)(d)1.c.
c. Notifies the employee that failure to provide adequate notice of an absence or tardiness may lead to discharge.
108.04(5g)(d)2.
2. The employer shall provide a copy of the written policy under
subd. 1. to each employee and shall have written evidence that the employee received a copy of that policy.
108.04(5g)(d)3.
3. The employer must have given the employee at least one warning concerning the employee's violation of the employer's written policy under
subd. 1. within the 12-month period preceding the date of the discharge.
108.04(5g)(d)4.
4. The employer must apply the written policy under
subd. 1. uniformly to all employees of the employer.
108.04(5g)(e)
(e) The department shall charge to the fund's balancing account the cost of any benefits paid to an employee that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under
ss. 108.17 and
108.18 if the employee is discharged by that employer and
par. (a) applies.
108.04(5g)(em)
(em) If an employee is not disqualified under this subsection, the employee may nevertheless be subject to the disqualification under
sub. (5).
108.04(6)
(6) Disciplinary suspension. An employee whose work is suspended by an employing unit for good cause connected with the employee's work is ineligible to receive benefits until 3 weeks have elapsed since the end of the week in which the suspension occurs or until the suspension is terminated, whichever occurs first. This subsection does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under this subsection if the employee qualifies to establish a benefit year under
s. 108.06 (2) (a).
108.04(7)(a)(a) If an employee terminates work with an employing unit, the employee is ineligible to receive benefits until 4 weeks have elapsed since the end of the week in which the termination occurs and the employee earns wages after the week in which the termination occurs equal to at least 4 times the employee's weekly benefit rate under
s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the termination not occurred. This paragraph does not preclude an employee from establishing a benefit year by using the base period wages paid by the employer from which the employee voluntarily terminated, if the employee is qualified to establish a benefit year under
s. 108.06 (2) (a).
108.04(7)(am)
(am) Paragraph (a) does not apply if the department determines that the suspension or termination of the claimant's work was in lieu of a suspension or termination by the employer of another employee's work. The claimant shall not be deemed unavailable for the claimant's work with the employer by reason of such suspension or termination.
108.04(7)(b)
(b) Paragraph (a) does not apply if the department determines that the employee terminated his or her work with good cause attributable to the employing unit. In this paragraph, "good cause" includes, but is not limited to, a request, suggestion or directive by the employing unit that the employee violate federal or Wisconsin law, or sexual harassment, as defined in
s. 111.32 (13), by an employing unit or employing unit's agent or a co-worker, of which the employer knew or should have known but failed to take timely and appropriate corrective action.
108.04(7)(c)
(c) Paragraph (a) does not apply if the department determines that the employee terminated his or her work but had no reasonable alternative because the employee was unable to do his or her work, or that the employee terminated his or her work because of the verified illness or disability of a member of his or her immediate family and the verified illness or disability reasonably necessitates the care of the family member for a period of time that is longer than the employer is willing to grant leave; but if the department determines that the employee is unable to work or unavailable for work, the employee is ineligible to receive benefits while such inability or unavailability continues.
108.04(7)(cm)
(cm) Paragraph (a) does not apply if an employee is hired to work a particular shift and if the department determines that the employee terminated his or her work as the result of a requirement by his or her employing unit to transfer his or her working hours to a shift occurring at a time that would result in a lack of child care for his or her minor children, provided that the employee is able to work and available for full-time work during the same shift that the employee worked in the employee's most recent work with that employing unit. For purposes of
sub. (2) (a), such an employee is not deemed unavailable for work solely for refusing to work a shift other than the one for which the employee was hired.
108.04(7)(d)
(d) Paragraph (a) does not apply if the department determines that the employee terminated his or her work to accept a recall to work for a former employer within 52 weeks after having last worked for such employer.
108.04(7)(e)
(e) Paragraph (a) does not apply if the department determines that the employee accepted work which the employee could have failed to accept with good cause under
sub. (8) and terminated such work with the same good cause and within the first 10 weeks after starting the work, or that the employee accepted work which the employee could have refused under
sub. (9) and terminated such work within the first 10 weeks after starting the work. For purposes of this paragraph, an employee has the same good cause for voluntarily terminating work if the employee could have failed to accept the work under
sub. (8) (d) when it was offered, regardless of the reason articulated by the employee for the termination.
108.04(7)(g)
(g) Paragraph (a) does not affect an employee's eligibility to receive benefits if the employee:
108.04(7)(g)1.
1. Maintained a temporary residence near the work terminated; and
108.04(7)(g)2.
2. Maintained a permanent residence in another locality; and
108.04(7)(g)3.
3. Terminated such work and returned to his or her permanent residence because the work available to the employee had been reduced to less than 20 hours per week in at least 2 consecutive weeks.
108.04(7)(h)
(h) The department shall charge to the fund's balancing account benefits paid to an employee 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 employee voluntarily terminates employment with that employer and
par. (a),
(c),
(d),
(e),
(k),
(L),
(o),
(p),
(q),
(s), or
(t) applies.
108.04(7)(j)
(j) Paragraph (a) does not apply if the department determines that the employee left or lost his or her work because of reaching the compulsory retirement age used by the employee's employing unit.
108.04(7)(k)
(k) Paragraph (a) does not apply to an employee who terminates his or her part-time work if the employee is otherwise eligible to receive benefits because of the loss of the employee's full-time employment and the loss of the full-time employment makes it economically unfeasible for the employee to continue the part-time work.
108.04(7)(L)
(L) Paragraph (a) does not apply if the department determines that the employee terminated work to accept employment or other work covered by the unemployment insurance law of any state or the federal government, and earned wages in the subsequent work equal to at least 4 times the employee's weekly benefit rate under
s. 108.05 (1) if the work:
108.04(7)(L)1.
1. Offered average weekly wages at least equal to the average weekly wages that the employee earned in the terminated work;
108.04(7)(L)2.
2. Offered the same or a greater number of hours of work than those performed in the work terminated;
108.04(7)(L)3.
3. Offered the opportunity for significantly longer term work; or
108.04(7)(L)4.
4. Offered the opportunity to accept a position for which the duties were primarily discharged at a location significantly closer to the employee's domicile than the location of the terminated work.
108.04(7)(m)
(m) Paragraph (a) does not apply to an employee who terminates his or her work with a labor organization if the termination causes the employee to lose seniority rights granted under a collective bargaining agreement and if the termination results in the loss of the employee's employment with the employer which is a party to that collective bargaining agreement.
108.04(7)(n)1.
1. Terminated work in a position serving as a part-time elected or appointed member of a governmental body or representative of employees;
108.04(7)(n)2.
2. Was engaged in work for an employing unit other than the employing unit in which the employee served under
subd. 1. at the time that the employee terminated work under
subd. 1.; and
108.04(7)(n)3.
3. Was paid wages in the terminated work constituting not more than 5% of the employee's base period wages for purposes of benefit entitlement.
108.04(7)(o)
(o) Paragraph (a) does not apply to an employee who terminates his or her work in one of 2 or more concurrently held positions, at least one of which is full-time work, if the employee terminates his or her work before receiving notice of termination from a position which is full-time work.
108.04(7)(p)
(p) Paragraph (a) does not apply if the department determines that an employee, while claiming benefits for partial unemployment, terminated work to accept employment or other work covered by the unemployment insurance law of any state or the federal government, if that work offered an average weekly wage greater than the average weekly wage earned in the work terminated.
108.04(7)(q)
(q) Paragraph (a) does not apply if the department determines that an employee, while serving as a member of the U.S. armed forces, was engaged concurrently in other work and terminated that work as a result of the employee's honorable discharge or discharge under honorable conditions from active duty as a member of the U.S. armed forces for a reason that would qualify the employee to receive unemployment compensation under
5 USC 8521.
108.04(7)(r)
(r) Paragraph (a) does not apply if the department determines that the employee owns or controls, directly or indirectly, an ownership interest, however designated or evidenced, in a family corporation and the employee's employment was terminated by the employer because of an involuntary cessation of the business of the corporation under one or more of the conditions specified in
sub. (1) (gm). In this paragraph, "family corporation" has the meaning given in
s. 108.02 (15m) and also includes a corporation or a limited liability company that is treated as a corporation under this chapter in which 50% or more of the ownership interest is or was owned or controlled, directly or indirectly, by one or more brothers or sisters of a claimant, or by a combination of one or more brothers or sisters and one or more of the persons specified in
s. 108.02 (15m) (a).
108.04(7)(s)1.a.
a. "Domestic abuse" means physical abuse, including a violation of
s. 940.225 (1),
(2) or
(3), or a threat of physical abuse by an adult family or adult household member against another family or household member; by an adult person against his or her spouse or former spouse; by an adult person against a person with whom the person has a child in common; or by an adult person against an unrelated adult person with whom the person has had a personal relationship.
108.04(7)(s)1.b.
b. "Family member" means a spouse, parent, child or person related by blood or adoption to another person.
108.04(7)(s)1.c.
c. "Household member" means a person who is currently or formerly residing in a place of abode with another person.
108.04(7)(s)1.e.
e. "Protective order" means a temporary restraining order or an injunction issued by a court of competent jurisdiction.
108.04(7)(s)2.a.
a. Terminates his or her work due to domestic abuse, concerns about personal safety or harassment, concerns about the safety or harassment of his or her family members who reside with the employee or concerns about the safety or harassment of other household members; and
108.04(7)(s)2.b.
b. Provides to the department a protective order relating to the domestic abuse or concerns about personal safety or harassment issued by a court of competent jurisdiction, a report by a law enforcement agency documenting the domestic abuse or concerns, or evidence of the domestic abuse or concerns provided by a health care professional or an employee of a domestic violence shelter.
108.04(7)(t)
(t) Paragraph (a) does not apply if the department determines that the employee's spouse changed his or her place of employment to a place to which it is impractical to commute and the employee terminated his or her work to accompany the spouse to that place.
108.04(7m)
(7m) Voluntary reduction in hours of employment. An employee whose employer grants the employee's voluntary request to reduce indefinitely the number of hours of employment usually worked by the employee voluntarily terminates his or her employment within the meaning of
sub. (7). The wages earned by the employee from that employer for any week in which the reduction requested by the employee is in effect may not be used to meet the requalification requirement provided in
sub. (7) (a) applicable to that termination if the employer has notified the employee in writing, prior to the time that the request is granted, of the effect of this subsection. The department shall charge to the fund's balancing account benefits paid to such an employee that are otherwise chargeable to the account of an employer that grants an employee's request under this subsection, for each week in which this subsection applies, if the employer is subject to the contribution requirements of
ss. 108.17 and
108.18.
108.04(8)(a)(a) If an employee fails, without good cause, to accept suitable work when offered, the employee is ineligible to receive benefits until 4 weeks have elapsed since the end of the week in which the failure occurs and the employee earns wages after the week in which the failure occurs equal to at least 4 times the employee's weekly benefit rate under
s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under this paragraph if the employee qualifies to establish a benefit year under
s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under
ss. 108.17 and
108.18 whenever an employee of that employer fails, without good cause, to accept suitable work offered by that employer.
108.04(8)(c)
(c) If an employee fails, without good cause, to return to work with a former employer that recalls the employee within 52 weeks after the employee last worked for that employer, the employee is ineligible to receive benefits until 4 weeks have elapsed since the end of the week in which the failure occurs and the employee earns wages after the week in which the failure occurs equal to at least 4 times the employee's weekly benefit rate under
s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be that rate which would have been paid had the failure not occurred. This paragraph does not preclude an employee from establishing a benefit year during a period in which the employee is ineligible to receive benefits under this paragraph if the employee qualifies to establish a benefit year under
s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of any employer that is subject to the contribution requirements under
ss. 108.17 and
108.18 whenever an employee of that employer fails, without good cause, to return to work with that employer. If an employee receives actual notice of a recall to work,
par. (a) applies in lieu of this paragraph.
108.04(8)(d)
(d) An employee shall have good cause under
par. (a) or
(c), regardless of the reason articulated by the employee for the failure, if the department determines that the failure involved work at a lower grade of skill or significantly lower rate of pay than applied to the employee on one or more recent jobs, and that the employee had not yet had a reasonable opportunity, in view of labor market conditions and the employee's degree of skill, but not to exceed 6 weeks after the employee became unemployed, to seek a new job substantially in line with the employee's prior job skill and rate of pay.
108.04(8)(dm)
(dm) A claimant has good cause under
par. (a) if the claimant is participating in special occupational training under
sub. (16m) at the time that the claimant receives an offer of suitable work and the department determines that there is a reasonable expectation that the claimant will receive an offer of full-time work at the end of the training period.
