New Hampshire Administrative Code

An individual's request for forbearance shall not: (a) Stay the offset of federal tax refund payments; (b) Stay any other collection process; or (c) Act as a request for compromise under Emp 408, unless the individual's communication to the department can reasonably be construed …

The purpose of this part is to establish criteria concerning RSA 282-A:15, II(a) and RSA 282-A:41. Notes N.H. Admin. Code § Emp 410.01 #10531, eff 2-28-14 Amended by Number 41, Filed October 10, 2024, Proposed by #14069, Effective 8/29/2024, Expires 8/29/2034.

An employer shall neither, consider an alien who falls into one of the classes of nonimmigrant aliens listed in section 101(a)(15)(F), (J), (M), or (Q) of the Immigration and Nationality Act 8 USC 1101(a)(15)(F), (J), (M), or (Q), and who performs services for remuneration, to be…

For any individual benefit year, an alien who falls into one of the classes of nonimmigrant aliens listed in section 101(a)(15)(F), (J), (M), or (Q) of the Immigration and Nationality Act 8 USC 1101(a)(15)(F), (J), (M), or (Q), and who performs services for remuneration, shall no…

The purpose of this part is to establish the procedures to implement the "self-employment assistance program" relative to RSA 282-A:31-g and RSA 282-A:31-h, and known as the "Pathway to Work" (PTW) program. Notes N.H. Admin. Code § Emp 411.01 Derived From Volume XXXVI Number 10, …

(a) "Allowable business activity" means a business activity that meets the requirements of Emp 411.03(g). (b) "Business Advisor" means a counselor approved by the NH Small Business Development Center to provide one-on-one business assistance services to participants in the PTW Pr…

Emp 411.03 Claimant Requirements for Consideration for the PTW Program. To be considered for participation in the PTW Program, an applicant shall meet the following standards and requirements: (a) Be found eligible to receive regular benefits pursuant to RSA 282-A:31-g,VI and Emp…

(a) Written applications shall be reviewed by the department's employment services bureau (ESB) to assess compliance with the requirements for program consideration set forth at Emp 411.03. (b) The ELMI shall review any application that meets the requirements set forth at Emp 411…

(a) After filing an application, but prior to receiving notification of acceptance or non-acceptance into the PTW Program, applicants shall continue to file for and meet the eligibility requirements for regular benefits. (b) An applicant shall not submit a claim for a self-employ…

(a) In order to receive a self-employment assistance allowance, PTW Program participants shall, on an ongoing basis: (1) Complete and file weekly a "Pathway to Work Continued Claim Form" (N-7/13) and certify in such form: "I understand the answers I give to the above questions ma…

(a) Participants shall: (1) Accept the commissioner's referral to the SBDC for services that include all or part of the following: a. Coordination and management; b. Outreach and orientation to self-employment activities; c. Individual business advising; and d. Educational worksh…

(a) Individuals may receive up to 26 weeks of self-employment assistance allowance in lieu of regular benefits in any benefit year. (b) The sum of the self-employment assistance allowance paid and regular benefits paid shall not exceed the maximum amount of benefits established u…

(a) PTW Program participation shall be voluntary and may be terminated at the request of the participant at any time. (b) To withdraw from the program, an individual shall indicate his or her desire withdraw on the weekly self-employment assistance allowance claim form. (c) Volun…

(a) All determinations under this section shall be made in writing. (b) An individual who receives a determination of nonacceptance into the PTW Program or who is terminated after acceptance into the program may file an appeal of that determination to the appeal tribunal in accor…

(a) The department shall monitor enrollment in the PTW Program on a weekly basis to ensure that the number of individuals enrolled at any given time does not exceed 2.5 % of all individuals receiving regular benefits at that time. (b) If the department determines that acceptance …

(a) No benefits shall be payable for any week to an individual who is required to register for employment services and seek suitable work unless such individual has an active work registration on file in that week. (b) For the first 2 weeks of continued unemployment beginning wit…

Notes N.H. Admin. Code § Emp 501.02 #2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90 New. #5150, eff 5-6-91; ss by #5974, eff 2-1-95; ss by #7251, eff 4-30-00; ss by #7993, eff 11-26-03, EXPIRED: 11-26-11 New. #10500, INTERIM, eff 12-31-13, EXPIRED: 6-30-14 The ame…

(a) A claimant shall file an initial claim as provided in this rule. (b) An initial claim shall be filed online at https://nhuis.nh.gov/claimant/login, (1) If a claimantis unable to file an initial claim online from outside of the department, he or she may file online by visiting…

(a) The following definitions shall apply to this section: (1) A "continued claim" is an application for either total or partial unemployment compensation for: a. A week beginning on the effective date of the initial, reopened, or additional claim; and b. Any consecutive week the…

(a) If a claimant directed to file in person, starts work and is prevented from filing a claim in person on the date and time previously assigned by the department, the claim shall be considered timely if the claimant files a claim in person within 7 calendar days of the last day…

The effective date of a claim filed as required under this rule shall be the first day of the week applicable to such claim Notes N.H. Admin. Code § Emp 501.06 #2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90 New. #5150, eff 5-6-91; ss by #6504, INTERIM, eff 5-5-97…

Notes N.H. Admin. Code § Emp 501.07 #3154, eff 12-2-85, EXPIRED: 12-2-91 New. #5816, eff 4-22-94, EXPIRED: 4-22-00 New. #8158, eff 9-5-04; rpld by #9529, eff 8-17-09 The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet avail…

(a) The commissioner shall utilize a statistical profile to determine whether a claimant is likely to be unemployed long-term. (b) The statistical profile shall be based on the: (1) Claimant's month of filing the initial claim; (2) Industry exhaustion rate of claimant's industry …

Notes N.H. Admin. Code § Emp 501.09 #7255, eff 4-30-00; rpld by #7620, eff 12-30-01 The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.

(a) A claimant who files a claim for a week during which the claimant performed services for which payment has been received or for which payment is owed shall, when filing such claim, provide any of the following information requested by the department: (1) The amount of such pa…

(a) The commissioner shall require a claimant to report for employment services if the commissioner determines that it is necessary: (1) To verify the individual's efforts to obtain employment;(2) To determine if the individual is likely to be unemployed long term; (3) To provide…

(a) Unless exempted under RSA 282-A:31, III, or Emp 501.11 or both, no benefits shall be paid to any individual for a week of unemployment unless the individual is searching for suitable work. (b) Suitability of work shall be determined utilizing the criteria listed at RSA 282-A:…

Notes N.H. Admin. Code § Emp 501.13 #7993, eff 11-26-03; ss by #9359, EMERGENCY RULE, eff 1-9-09, EXPIRED: 7-8-09 New. #9529, eff 8-17-09 Repealed by Volume XXXVIII Number 32, Filed August 9, 2018, Proposed by #12589, Effective 7/23/2018, Expires 7/23/2028.

(a) Employment services as referenced in Emp 501.11 and in this section shall include assessment, counseling, job clubs, job placement services, job search assistance, job search workshops, provision of occupational and labor market information, testing, referrals to employers, r…

(a) For purposes of RSA 282-A:32,I(d)(2)(D) and (E), "adult" means those persons who have attained the age of 18 years. (b) For purposes of RSA 282-A:31,I(d) "based on wages earned in part-time work" means during the individual's "base period" as defined at RSA 282-A:2, some port…

(a) Benefits paid to an eligible individual shall be deemed to be paid through an employment office where any or all of the steps relating to the determination of a claimant's eligibility for benefits are made by or at an employment office. (b) Unless a claimant has elected to re…

(a) Upon the death of any claimant for benefits, and in the event it is determined by the commissioner that benefits have accrued and are due and payable to such claimant and remain wholly or partially unpaid at the time of such claimant's death, or in the event there has been is…

(a) For the purposes of RSA 282-A:165, II of the New Hampshire unemployment compensation law an individual who has received benefits later found to be overpaid shall be without fault in causing the overpayment where: (1) Such individual is paid benefits which should not have been…

The basis for computation of annual earnings for an individual shall be such reports of wages as are required under RSA 282-A from employers. In the event such reports are not filed or are incomplete, the department shall determine annual earnings based on other credible informat…

(a) A claimant, when filing an initial claim may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the amount specified in the federal Internal Revenue Code. (1) The calculation of the tax to be deducted and withh…

(a) For purposes of RSA 282-A:14, III(a), "earnings from self-employment" means every form of remuneration for personal services, paid or payable, directly or indirectly to the individual or to the individual's business. (b) An individual shall be considered self-employed if the …

(a) For purposes of RSA 282-A:14, III(a) "sums of whatever type or nature" shall include a stay bonus, retention bonus, longevity pay, attendance pay, and similar payments. (b) Wages as defined at RSA 282-A:14, III(a) shall, when paid in a lump sum to an individual or payable in …

(a) An individual shall have served the waiting period of one week required under RSA 282-A:31,I(h) after a week is treated by the department as meeting all of the requirements of that subparagraph. (b) After a week is treated by the department as meeting all of the requirements …

(a) "Count" means: (1) An act or omission, or combination of actions or omissions, which constitutes willfully making a false statement or representation or knowingly failing to disclose a material fact under RSA 282-A:164; and (2) Failure to report to the department upon filing …

(a) An individual shall be considered to have left the individual's work voluntarily without good cause if:(1) Of the individual's own choice or volition the individual terminates the employee-employer relationship for a reason which is not attributable to the employer; or (2) Th…

(a) For purposes of this section, "incidental employment" means employment held concurrently with an individual's permanent, full-time employment. (b) An individual shall not be disqualified under RSA 282-A:32, I(a) for leaving incidental employment which he already held prior to…

(a) For purposes of RSA 282-A:32, I(e), an individual shall be considered to have been previously self-employed or to have had a business if, as to an entity or activity 3 or more of the following are true: (1) The individual was a sole proprietor, partner, officer, or director, …

Notes N.H. Admin. Code § Emp 503.04 #5979, eff 2-1-95, EXPIRED: 2-1-03 The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.

(a) For purposes of RSA 282-A:31, II, an individual shall be considered to be employed through June 30 in any year in which: (1) The individual was employed: a. By a school district; b. Pursuant to a contract in which the obligation to perform services expires on June 30 in such …

(a) The purpose of Emp 503.06 is to implement RSA 282-A:32, I(a)(3). (b) "Domestic abuse" means "abuse" as defined in RSA 173-B:1, I, by a family or household member or a former sexual or intimate partner. (c) "Family or household member" means "family or household member" as def…

Notes N.H. Admin. Code § Emp 503.07 #7993, eff 11-26-03, EXPIRED: 11-26-11 The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.

(a) The purpose of Emp 503.08 is to implement RSA 282-A:32,I(a)(4). (b) "Work related" means arising out of and in the course of employment. (c) An individual who is separated from employment because the individual has become unable to perform some or all of the individual's job …