(1) The leaving was caused by the illness or disability of the claimant or an immediate family member and the claimant took all reasonable precautions to protect the claimant's employment status by promptly notifying the employer of the reasons for the absence and by promptly requesting reemployment when again able to resume employment;

(2) The leaving was necessary to accompany, follow or join the claimant's spouse in a new place of residence and the claimant can clearly show within 14 days of arrival at the new place of residence an attachment to the new labor market, and the claimant is in all respects able, available and actively seeking suitable work;

(3) The leaving was in good faith in order to accept new employment on a permanent full-time basis and the new employment did not materialize for reasons attributable to the new employing unit; or

(4) The leaving was necessary to protect the claimant from domestic abuse and the claimant made all reasonable efforts to preserve the employment.; or

(5)__The leaving was necessary because of the lack of transportation or dependent care services and the claimant made reasonable efforts to find transportation or make dependent care arrangements necessary to maintain employment;

Sec. 4. 26 MRSA §1195, sub-§1, ķA, as amended by PL 1979, c. 515, §17, is further amended to read:

A. Exhaustee. "Exhaustee" means an individual who, with respect to any week of unemployment in his the eligibility period:

(1) Has received, prior to such week, all of the regular benefits that were available to him the individual under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. Chapter 85, in his the current benefit year that includes such week; provided that for the purposes of this paragraph, an individual shall be is deemed to have received all of the regular benefits that were available to him that individual although, as a result of a pending appeal with respect to wages or employment, or both, that were not considered in the original monetary determination in his the benefit year, he the individual may subsequently be determined to be entitled to added regular benefits, or he the individual may be entitled to regular benefits with respect to future weeks of unemployment, but such benefits are not payable with respect to such week of unemployment by reason of section 1251;

(2) His The individual's benefit year having expired prior to such week, has no or insufficient wages or employment, or both, to establish a new benefit year or, subsequent to December 31, 1971, he does not qualify by having sufficient wages or employment, or both, as provided by section 1192, subsection 5, since the beginning of his the individual's prior benefit year; and

(3) Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, or under such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but, if he the individual is seeking such benefits and the appropriate agency finally determines that he the individual is not entitled to benefits under such law he shall, the individual must be considered an exhaustee if the other provisions of this definition are met.

Sec. 5. 26 MRSA §1251, as amended by PL 1997, c. 293, §9, is repealed.

SUMMARY

The purpose of this bill is to modernize the unemployment insurance system in 3 areas. First, it provides coverage to part-time workers if they are able and available to work at least 20 hours a week. Second, it prevents disqualification of a person who loses a job because of a child care or transportation-related problem provided that the person took all reasonable steps to maintain that employment. Finally, it removes a provision from current law that penalizes persons who have worked in seasonal industries even though they are able, available and actively seeking employment on a full-time, year-round basis.