Title XXIII, Labor

I. The department of employment security, through its commissioner, is hereby authorized to enter into an agreement, effective April 3, 1975, with the secretary of labor of the United States to become an agent of the United States in order to carry out the provisions of Chapter 2…

The provisions of RSA 541-A:31-36 shall not apply to proceedings conducted in accordance with RSA 282-A:42-46.

"Weekly benefit amount" means the amount of benefits an individual would be entitled to receive for one week of total unemployment.

Decisions rendered under this chapter shall not be admissible in any court or in administrative or other proceedings, not under or pursuant to this chapter, for the purpose of barring such court or proceeding from making independent findings of fact and rulings of law under the d…

The department of employment security shall administer the job training program in this subdivision. The commissioner of the department of employment security shall adopt rules under RSA 541-A, relative to the grant award process and general administration of this subdivision. I.…

I. There is hereby created in the state treasury a special fund to be known as the training fund. Commencing January 1, 2020, the moneys in this fund shall be used solely as determined by the commissioner of the department of employment security in accordance with rules and guide…

The department of employment security shall use no more than 10 percent, or $600,000, of any moneys received from the training fund established in RSA 282-A:182, whichever is less, to administer the job training program in this subdivision, including support for the sector partne…

The commissioner shall annually submit a report to the governor's state workforce innovation board, the speaker of the house of representatives, the president of senate, the chairperson of the senate committee with jurisdiction over commerce issues, and the chairperson of the hou…

In accordance with RSA 282-A:181 through RSA 282-A:184, the commissioner of the department of employment security may make grants to New Hampshire employers for the purpose of training employees in accordance with RSA 12-O:45, such grants not to exceed the amounts specified in RS…

"Agricultural labor" includes all services performed: I. On a farm, in the employ of any employing unit, in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, cari…

I. "Base period" means the first 4 of the last 5 completed calendar quarters immediately preceding the individual's benefit year except as provided in RSA 282-A:2, II. II. "Alternate base period" means for benefit years effective on or after April 1, 2001 for any individual who d…

In this chapter: I. "Child" has the same meaning as "son or daughter" in 29 U.S.C. section 2611(12). II. "Commissioner" means the commissioner of the department of employment security. III. "Department" means the department of employment security. IV. "Employer" has the same defi…

The term "employment" shall include the service of an individual who is a citizen of the United States, performed outside the United States, except in Canada, after December 31, 1971, in the employ of an American employer, if: I. The employer's principal place of business in the …

The receipt of a gift or gratuity in an amount of $25 or less by any otherwise unemployed individual shall not be considered wages or remuneration for any purpose under this chapter unless paid pursuant to any contract, agreement or stipulation related to past or future employmen…

"De Novo" means anew; afresh; a new trial on all issues and a full hearing on the merits in no way restricted by what occurred before.

On January 1, 1938, benefits shall become payable from the fund; provided that wages earned for service, defined in RSA 282-A:9, IV(j), irrespective of when performed, shall not be included for the purposes of determining eligibility for any benefit year commencing on or after Ju…

I. The maximum weekly benefit amount and maximum benefits payable to an eligible individual, the first day of whose individual benefit year is on or after the effective date of this paragraph, shall be determined by the individual's annual earnings, of which in each of 2 calendar…

Each eligible individual who is partially unemployed in any week shall be paid a partial benefit with respect to such week. Such partial benefit shall be an amount calculated to the nearest dollar which, if added to his wages, as used in RSA 282-A:14, III, for such week, would eq…

I. A participant in the department of employment security's return to work program shall be entitled to certain benefits under RSA 281-A. In the event that it is determined that a return to work program participant has been subject to an injury or occupational disease producing a…

I. The maximum weekly benefit amount of any individual who is receiving retirement pay, which means in this section a government or other pension, retirement or retired pay, annuity, or any similar periodic payment based on previous work, shall be reduced by an amount equal to su…

I. The commissioner may, with the approval of the attorney general, effect by written stipulation such settlement of any overpaid benefit account due under the provisions of this chapter as he or she may deem to be for the best interests of the state; and the payment of the sum s…

I. Individuals who are employed by private employers with more than 50 employees who do not offer either FMLI coverage under the granite state paid family leave plan under RSA 21-I:99 - RSA 21-I:111 or an FMLI benefit that is at least equivalent to such coverage will have the opp…

"Benefits" means the money payable to an individual as compensation for his wage losses due to unemployment as provided in this chapter.

For the purposes of this chapter "supplemental unemployment plan" shall mean a plan, system, trust or contract by the terms of which an individual will receive from the employer, trustees of the plan or trust, union or other agency, payments supplemental to unemployment compensat…

I. Definitions. As used in this section, unless the context clearly requires otherwise: (a) "Extended benefit period" means a period which begins with the third week after the first week for which there is a New Hampshire "on" indicator, and ends the third week after the first we…

I. An unemployed individual shall be eligible to receive benefits with respect to any week only if the commissioner finds that: (a) He or she has been classified in accordance with his or her experience and abilities and so registered for employment with and by the commissioner a…

In this subdivision: I. "Affected unit" means a specified plant, department, shift, or other definable unit consisting of no fewer than 2 employees to which an approved worksharing plan applies. II. "Employee" means any individual employed full-time or on a permanent part-time ba…

I. An employer wishing to participate in a worksharing program shall submit a written and signed worksharing plan to the commissioner for approval. The commissioner may approve a worksharing plan if the following criteria, and any other criteria the commissioner deems relevant, a…

I. An individual shall be eligible to receive worksharing benefits, subsequent to serving a waiting period as prescribed by the commissioner, with respect to any week only if, in addition to meeting the other conditions of eligibility for regular benefits under this chapter which…

I. The weekly worksharing benefit amount payable to an affected individual shall be the product of the regular weekly benefit amount, as defined in RSA 282-A:25 multiplied by the percentage reduction in the individual's normal weekly hours of work, rounded to the next lower full …

I. In the event that the Congress of the United States should pass any legislation, or the Secretary of Labor of the United States shall issue any regulation, establishing certain minimum standards for eligibility for 100 percent reimbursement, the commissioner of the department …

The commissioner, with the consent of the advisory council on unemployment compensation, may suspend or terminate the operation of the worksharing program if, at any time, he or she determines that such action would be in the best interests of the state of New Hampshire.

In the subdivision: I. "Commissioner" means the commissioner of the department of employment security. II. "Department" means the department of employment security. III. "Self-employment assistance activities" means activities approved by the commissioner in which an individual p…

I. There shall be in the department of employment security, a self-employment assistance program. Participants in the self-employment assistance program shall receive an allowance in lieu of regular benefits so long as participants meet the conditions established by this subdivis…

In this section, "date" as used in "subsequent to the date" means the last calendar day on which the individual performed services for the employer. An individual shall be disqualified for benefits and no waiting period may be served: I. Until the individual has earned in each of…

No individual shall be ineligible for benefits or disqualified for benefits solely because he has engaged in temporary self-employment without intending to establish a business while otherwise unemployed if he continues to seek employment after completion of such temporary self-e…

I. An unemployed individual who has been discharged for intoxication or use of controlled drugs as defined in RSA 318-B:1, VI, of such degree and rate of occurrence as to seriously hamper or interfere with the individual's work, shall be disqualified for benefits. Such disqualifi…

An unemployed individual who has been discharged for arson, sabotage, felony, assault which causes bodily injury, criminal threatening, or a single theft or multiple thefts in the aggregate of an amount equal to or greater than $250, where such conduct is connected with his or he…

A person shall be disqualified for benefits for any week with respect to which the commissioner finds that his or her total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he or…

An individual shall be disqualified for benefits for any week or part of a week with respect to which he is seeking to receive or has received payments in the form of unemployment compensation, or payments supplementary to New Hampshire unemployment compensation, under any law of…

An individual shall be disqualified for benefits for any week or part of a week with respect to which he is seeking to receive or has received payments in the form of unemployment compensation under an unemployment compensation law of any other state or under a similar law of the…

An individual shall not be eligible for benefits for any week or weeks during any part of which the individual is not available for work outside of the individual's home, unless work to be conducted within the individual's home offers a reasonable expectation of substantial emplo…

"Benefit year" with respect to any individual means the one-year period beginning with the first day of the week in which an individual files an initial claim for benefits and meets the earnings requirements of RSA 282-A:25; except that the benefit year shall be 53 weeks if the f…

There is established the FMLI premium fund for deposits of insurance premium payments paid pursuant to RSA 282-B:3 and for remittance of such premiums to the FMLI carrier or carriers participating in the twin state voluntary leave plan. The department shall develop standard enrol…

An individual shall be disqualified for benefits for the duration of his disciplinary layoff; provided, however, that the disciplinary layoff is for a reasonable term and based upon good cause as determined by the commissioner or his authorized representative.

I. An individual shall be disqualified for benefits on the basis of services performed by an alien unless such an alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing suc…