(A)No industry or
employment shall be deemed seasonal unless it is determined to be seasonal by
the director.
(B)Any employer
seeking to be determined a "seasonal employer" by the director shall
file with the director a written application to be determined to be a seasonal
employer and for classification of its employment as seasonal. The application
shall contain the following information:
(1)The total
number of individuals employed by the employer in the fifty-two week period
ending with the last week of the most recently completed seasonal period;
(2)The number of
individuals employed by the employer in seasonal employment in the proposed
seasonal industry in the fifty-two week period ending with the last week of the
most recently completed seasonal period;
(3)The number of
individuals employed by the employer who are not in seasonal employment in the
proposed seasonal industry and are in administrative and maintenance
operations;
(4)The beginning
and ending date of the proposed seasonal period;
(5)The nature of
the operations and business conducted by the employer; and
(6)The employer's
state unemployment tax account number.
(C)The application
to be determined to be a seasonal employer and for classification of seasonal
employment must be signed by a duly authorized representative.
(D)Definitions:
(1)"Seasonal
employer" means an employer whose operations and business are
substantially all in an industry in which it is customary to operate because of
climatic conditions or because of the seasonal nature of such industry only
during regularly recurring periods of forty weeks or less duration in any
consecutive fifty-two week period.
(2)"Seasonal
industry" means an industry in which it is customary to operate because of
climatic conditions or because of the seasonal nature of such industry only
during regularly recurring periods of forty weeks or less duration in any
consecutive fifty-two week period.
(3)"Seasonal
employment" means employment for a seasonal employer in a seasonal
industry only during the employer's seasonal period. An individual who works
for a seasonal employer outside of the employer's seasonal period shall not be
considered in seasonal employment.
(E)The director
shall determine whether the employer is a "seasonal employer" and if
so establish the seasonal period. No seasonal period shall be established which
exceeds forty weeks in duration in any consecutive fifty-two week period.
(F)Any employer
determined to be a seasonal employer shall submit to the director annually, no
later than sixty days prior to the beginning date of the proposed seasonal
period, the information provided under paragraph (B) of this rule.
Five Year Review (FYR) Dates: 5/19/2023 and 05/19/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 05/19/2023
Promulgated Under: 119.03
Statutory Authority: 4141.13, 4141.14
Rule Amplifies: 4141.33
Prior Effective Dates: 05/29/1990, 07/01/1998, 01/15/2001,
11/12/2018