108.04(11)(g)2.c.
c. Whether the claimant has a limitation or disability and, if so, whether the claimant provided evidence to the department of that limitation or disability.
108.04(11)(g)2.e.
e. Any instructions or previous determinations of concealment issued or provided to the claimant.
108.04(11)(g)2.f.
f. Any other factor that may provide evidence of the claimant's intent.
108.04(11)(g)3.
3. Nothing in this subsection requires the department, when making a finding of concealment, to determine or prove that a claimant had an intent or design to receive benefits to which the claimant knows he or she was not entitled.
108.04(12)(b)(b) Any individual who receives, through the department, any other type of unemployment benefit or allowance for a given week is ineligible for benefits for that same week under this chapter, except as specifically required for conformity with the federal trade act of 1974 (P.L.
93-618).
108.04(12)(c)
(c) Any individual who receives unemployment insurance for a given week under any federal law through any federal agency shall be ineligible for benefits paid or payable for that same week under this chapter.
108.04(12)(d)
(d) Any individual who receives unemployment insurance for a given week under the law of any other state, with no use of benefit credits earned under this chapter, shall be ineligible for benefits paid or payable for that same week under this chapter.
108.04(12)(e)
(e) Any individual who receives a temporary total disability payment or a permanent total disability payment for a whole week under ch.
102 or under any federal law which provides for payments on account of a work-related injury or illness analogous to those provided under ch.
102 shall be ineligible for benefits paid or payable for that same week under this chapter unless otherwise provided by federal law. A temporary total disability payment, a temporary partial disability payment, or a permanent total disability payment under those provisions received by an individual for part of a week shall be treated as wages for purposes of eligibility for benefits for partial unemployment under s.
108.05 (3).
108.04(12)(f)1m.1m. The intent of the legislature in enacting this paragraph is to prevent the payment of duplicative government benefits for the replacement of lost earnings or income, regardless of an individual's ability to work.
108.04(12)(f)2m.
2m. In this paragraph, “
social security disability insurance payment" means a payment of social security disability insurance benefits under 42 USC
ch. 7 subch. II.
108.04(12)(f)3.a.a. Except as provided in subd.
3. b. to
d., an individual is ineligible for benefits under this chapter for each week in the entire month in which a social security disability insurance payment is issued to the individual.
108.04(12)(f)3.b.
b. In the first month a social security disability insurance payment is first issued to an individual, the individual is ineligible for benefits under this chapter for each week beginning with the week the social security disability insurance payment is issued to the individual and all subsequent weeks in that month.
108.04(12)(f)3.c.
c. Following a cessation of social security disability insurance payments to an individual and upon the individual again being issued a social security disability insurance payment, the individual is ineligible for benefits under this chapter for each week beginning with the week the social security disability insurance payment is issued to the individual and all subsequent weeks in that month.
108.04(12)(f)3.d.
d. Following cessation of social security disability insurance payments, an individual may be eligible for benefits under this chapter, if otherwise qualified, beginning with the week following the last Saturday of the month in which the individual is issued his or her final social security disability insurance payment.
108.04(12)(f)4.
4. Information that the department receives or acquires from the federal social security administration regarding the issuance of social security disability insurance payments is considered conclusive, absent clear and convincing evidence that the information was erroneous.
108.04(13)(a)(a) The department shall apply any provision of this chapter which may disqualify a claimant from receiving benefits whether or not the claimant's employing unit questions the claimant's eligibility or files the report required under s.
108.09 (1).
108.04(13)(b)
(b) If an employer fails to file the required wage report under s.
108.205 for an employee who has claimed benefits from the employer's account, the department may compute and proceed to pay the benefits thus claimed, based on the claimant's statements and any other information then available.
108.04(13)(c)
(c) If an employer, after notice of a benefit claim, fails to file an objection to the claim under s.
108.09 (1), any benefits allowable under any resulting benefit computation shall, unless the department applies a provision of this chapter to disqualify the claimant, be promptly paid. Except as otherwise provided in this paragraph, any eligibility question in objection to the claim raised by the employer after benefit payments to the claimant are commenced does not affect benefits paid before the end of the week in which a determination is issued as to the eligibility question unless the benefits are erroneously paid without fault on the part of the employer. Except as otherwise provided in this paragraph, if an employer fails to provide correct and complete information requested by the department during a fact-finding investigation, but later provides the requested information, benefits paid before the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued, before the end of the week in which an appeal tribunal decision is issued regarding the matter, are not affected by the redetermination or decision, unless the benefits are erroneously paid without fault on the part of the employer as provided in par.
(f). If benefits are erroneously paid because the employer and the employee are at fault, the department shall charge the employer for the benefits and proceed to create an overpayment under s.
108.22 (8) (a). If benefits are erroneously paid without fault on the part of the employer, regardless of whether the employee is at fault, the department shall charge the benefits as provided in par.
(d), unless par.
(e) applies, and proceed to create an overpayment under s.
108.22 (8) (a). If benefits are erroneously paid because an employer is at fault and the department recovers the benefits erroneously paid under s.
108.22, the recovery does not affect benefit charges made under this paragraph.
108.04(13)(d)1.1. If the department finds that any benefits charged to an employer's account have been erroneously paid to an employee without fault by the employer, the department shall notify the employee and the employer of the erroneous payment.
108.04(13)(d)2.
2. If recovery of an overpayment is permitted under s.
108.22 (8) (c) and benefits are currently payable to the employee from the employer's account, the department may correct the error by adjusting the benefits accordingly.
108.04(13)(d)3.
3. To correct any erroneous payment not so adjusted that was charged to the account of an employer that is subject to the contribution requirements of ss.
108.17 and
108.18, the department shall do one of the following:
108.04(13)(d)3.a.
a. If recovery of an overpayment is permitted under s.
108.22 (8) (c), restore the proper amount to the employer's account and charge that amount to the fund's balancing account, and shall thereafter reimburse the balancing account by crediting to it benefits which would otherwise be payable to, or cash recovered from, the employee.
108.04(13)(d)3.b.
b. If recovery of an overpayment is not permitted under s.
108.22 (8) (c), restore the proper amount to the employer's account and charge that amount to the fund's balancing account unless s.
108.07 (5) (c) applies.
108.04(13)(d)4.
4. To correct any erroneous payment not so adjusted from the account of an employer that is subject to reimbursement financing, the department shall do one of the following:
108.04(13)(d)4.a.
a. If recovery of an overpayment is permitted under s.
108.22 (8) (c), credit to the account benefits which would otherwise be payable to, or cash received from, the employee, unless subd.
4. c. applies.
108.04(13)(d)4.c.
c. If the erroneous payment resulted from a false statement or representation about an individual's identity and the employer was not at fault for the erroneous payment, restore the proper amount to the employer's account and reimburse the balancing account by crediting to it benefits that would otherwise be payable to, or cash recovered from, the individual who caused the erroneous payment.
108.04(13)(e)
(e) If the department erroneously pays benefits from one employer's account and a 2nd employer is at fault, the department shall credit the benefits paid to the first employer's account and charge the benefits paid to the 2nd employer's account. Filing of a tardy or corrected report or objection does not affect the 2nd employer's liability for benefits paid before the end of the week in which the department makes a recomputation of the benefits allowable or before the end of the week in which the department issues a determination concerning any eligibility question raised by the report or by the 2nd employer. If the 2nd employer fails to provide correct and complete information requested by the department during a fact-finding investigation, but later provides the requested information, the department shall charge to the account of the 2nd employer the cost of benefits paid
before the end of the week in which a redetermination is issued regarding the matter or, if no redetermination is issued,
before the end of the week in which an appeal tribunal decision is issued regarding the matter, unless the benefits erroneously are paid without fault on the part of the employer as provided in par.
(f). If the department recovers the benefits erroneously paid under s.
108.22, the recovery does not affect benefit charges made under this paragraph.
108.04(13)(f)
(f) If benefits are erroneously paid because the employer fails to file a report required by this chapter, the employer fails to provide correct and complete information on the report, the employer fails to object to the benefit claim under s.
108.09 (1), the employer fails to provide correct and complete information requested by the department during a fact-finding investigation, unless an appeal tribunal, the commission, or a court of competent jurisdiction finds that the employer had good cause for the failure to provide the information, or the employer aids and abets the claimant in an act of concealment as provided in sub.
(11), the employer is at fault. If benefits are erroneously paid because an employee commits an act of concealment as provided in sub.
(11) or fails to provide correct and complete information to the department, the employee is at fault.
108.04 Cross-reference
Cross-reference: See also ch.
DWD 123, Wis. adm. code.
108.04(13)(g)1.a.
a. “Combined-wage claim" means a claim for benefits under this chapter that is filed pursuant to a reciprocal arrangement entered into under s.
108.14 (8n).
108.04(13)(g)1.b.
b. “Out-of-state employer" means a person that employs an individual who files a combined-wage claim in which the wages and employment from that person are covered under the unemployment compensation law of another state.
108.04(13)(g)2.
2. The department may issue a determination that an out-of-state employer is at fault for the erroneous payment of benefits under a combined-wage claim in the same manner as the department issues determinations under s.
108.10, if the unemployment insurance account of the out-of-state employer is potentially chargeable.
108.04(13)(g)3.
3. A determination issued under subd.
2. is subject to s.
108.10 and may be appealed in the same manner as a determination issued under s.
108.10.
108.04(14)
(14) War-time application of subsection (7) or (8). If the department finds that the official war-time manpower policies of the United States are or may be materially hampered, in any clearly definable class of cases, by any application of sub.
(7) or
(8), so as to interfere with the effective war-time use of civilian manpower in Wisconsin, the department may by general rule, after public hearing, modify or suspend such application accordingly.
108.04(15)
(15) Department powers to assist claimants. 108.04(15)(a)(a) Except as provided in par.
(b), the department may do any of the following for the purpose of assisting claimants to find or obtain work:
108.04(15)(a)1.
1. Use the information or materials provided under sub.
(2) (a) 4. to assess a claimant's efforts, skills, and ability to find or obtain work and to develop a list of potential opportunities for a claimant to obtain suitable work. A claimant who otherwise satisfies the requirement under sub.
(2) (a) 3. is not required to apply for any specific positions on the list in order to satisfy that requirement.
108.04(15)(a)2.
2. Require a claimant to participate in a public employment office workshop or training program or in similar reemployment services that do not charge the claimant a participation fee and that offer instruction to improve the claimant's ability to obtain suitable work.
108.04(15)(b)
(b) This subsection does not apply with respect to a claimant who is exempt from any of the requirements in sub.
(2) (a) 2. or
3. in a given week.
108.04(16)(a)1.
1. A course of vocational training or basic education which is a prerequisite to such training in which an individual is enrolled if:
108.04(16)(a)1.a.
a. The course is expected to increase the individual's opportunities to obtain employment;
108.04(16)(a)1.b.
b. The course is given by a school established under s.
38.02 or another training institution approved by the department;
108.04(16)(a)1.c.
c. The individual is enrolled full time as determined by the training institution;
108.04(16)(a)1.d.
d. The course does not grant substantial credit leading to a bachelor's or higher degree; and
108.04(16)(a)1.e.
e. The individual is attending regularly and making satisfactory progress in the course.
108.04(16)(a)2.
2. A program administered by the department for the training of unemployed workers, other than the youth apprenticeship program under s.
106.13;
108.04(16)(a)4.
4. A plan for training approved under the federal Workforce Innovation and Opportunity Act,
29 USC 3101 to
3361, or another federal law that enhances job skills.
108.04(16)(am)
(am) The department shall not apply any benefit reduction or disqualification under sub.
(1) (a),
(2) (a), or
(8), or s.
108.141 (3g) (a) or
(c) to any otherwise eligible individual for any week as a result of the individual's enrollment in approved training.
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, as a result of the individual's leaving work that the individual engaged in on a temporary basis during a break in the training or a delay in the commencement of the training, or because the individual left on-the-job training not later than 30 days after commencing that training because the individual did not meet the requirements of the federal trade act under
19 USC 2296 (c) (1) (B); and
108.04(16)(d)2.
2. The requalifying requirements under subs.
(7) and
(8) do not apply while the individual is enrolled in approved training specified in par.
(a) 3. or
4. 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.
(am),
(b), or
(d).
108.04(16)(f)
(f) As a condition to qualification of a course as approved training for an individual under this subsection, the department may require a certification from the training institution showing the individual's attendance and progress in the course.
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 that 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, Indian tribe, 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.
