Sec.31-236-58. Voluntary separations from part-time employment

(a) The Administrator shall find that any individual who has voluntarily left part-time employment under conditions which would otherwise render him ineligible pursuant to Section 31-236 (a) (2) (A) of the General Statutes, who has not earned ten times his weekly benefit rate since such separation and who is otherwise eligible for benefits is eligible to receive benefits only as described in subdivision (1) or (2) of this subsection.

(1) If the individual's separation from part-time employment precedes a compensable separation from his full-time employment, the Administrator shall determine the individual's weekly entitlement for each week of partial eligibility pursuant to this subdivision solely on the basis of those wages paid to him for any employment during the base period of his current benefit year other than such part-time employment.

When an individual is subject to partial eligibility pursuant to this subdivision, his maximum limitation on total benefits during his benefit year shall be reduced to reflect such redetermined weekly entitlement, unless and until the individual earns ten times his weekly benefit rate. Effective with the week in which the individual first earns ten times his weekly benefit rate or the week in which he first files a continuing claim thereafter, the individual's eligibility shall be based on his weekly benefit rate, and his maximum limitation on total benefits shall again be equal to twenty-six times his weekly benefit rate.

(2) If the individual's separation from part-time employment follows a compensable separation from his full-time employment, the Administrator shall find that for each week of partial eligibility pursuant to this subdivision, the individual is entitled to benefits in an amount equal to the lesser of the partial unemployment benefits he would have received pursuant to Section 31-229 of the General Statutes, but for such separation from his part-time employment, or the partial unemployment benefits for which he would be eligible under Section 31-229 based on any subsequent part-time employment. The Administrator shall determine the individual's benefits payable for each week of partial eligibility by deducting from his weekly benefit rate two-thirds, rounded to the next higher whole dollar, of the average weekly wages, rounded to the nearest whole dollar, earned by the individual at the subject part-time employment, except that for any week in which the individual has actually engaged in any part-time employment, the Administrator shall make such determination based on actual earnings if higher than average weekly wages, as determined under this subdivision.

The Administrator shall ascertain the average weekly wages earned by the individual at the part-time employment which the individual left by:

(A) obtaining from such part-time employer (or from the individual, through appropriate documentation such as the individual's pay stubs) certification of the gross wages earned by the individual with respect to each of the six weeks immediately preceding the week in which the individual separated from such part-time employment, and

(B) dividing the total of such wages by six, or by the number of weeks in which the individual engaged in part-time employment, if less than six.

The individual's maximum limitation on total benefits pursuant to Section 31-231b of the General Statutes shall not be affected by a determination of partial eligibility pursuant to this subdivision.

Any determination of partial eligibility pursuant to this subdivision shall extend only until the individual has earned ten times his weekly benefit rate subsequent to his separation from such part-time employment.

(Effective May 30, 1989)