Montana Code 39-51-2302. Disqualification for leaving work without good cause — requalification
39-51-2302. Disqualification for leaving work without good cause — requalification. (1) An individual must be disqualified for benefits if the individual has left work without good cause attributable to the individual’s employment.
Terms Used In Montana Code 39-51-2302
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Montana Code 39-51-201
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
- Licensed and practicing health care provider: means a health care provider who is primarily responsible for the treatment of a person seeking unemployment insurance benefits and who is:
(a)licensed to practice in this state as:
(i)a physician under Title 37, chapter 3;
(ii)a dentist under Title 37, chapter 4;
(iii)an advanced practice registered nurse under Title 37, chapter 8, and recognized as a nurse practitioner or certified nurse specialist by the board of nursing, established in 2-15-1734;
(iv)a physical therapist under Title 37, chapter 11;
(v)a chiropractor under Title 37, chapter 12;
(vi)a clinical psychologist under Title 37, chapter 17; or
(vii)a physician assistant under Title 37, chapter 20; or
(b)with respect to a person seeking unemployment insurance benefits who resides outside of this state, a health care provider licensed or certified as a member of one of the professions listed in subsection (18)(a) in the jurisdiction where the person seeking the benefit lives. See Montana Code 39-51-201
- Misconduct: includes but is not limited to the following conduct by an employee:
(i)willful or wanton disregard of the rights, title, and interests of a fellow employee or the employer, including:
(A)insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions, processes, or instructions of the employer;
(B)repeated inexcusable tardiness following warnings by the employer;
(C)dishonesty related to employment, including but not limited to deliberate falsification of company records, theft, deliberate deception, or lying;
(D)false statements made as part of a job application process, including but not limited to deliberate falsification of the individual's criminal history, work record, or educational or licensure achievements;
(E)repeated and inexcusable absences, including absences for which the employee was able to give advance notice and failed to do so;
(F)deliberate acts that are illegal, provoke violence or violation of the law, or violate a collective bargaining agreement by which the employee is covered. See Montana Code 39-51-201
- State: includes , in addition to the states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and Canada. See Montana Code 39-51-201
- Week: means a period of 7 consecutive calendar days ending at midnight on Saturday. See Montana Code 39-51-201
- Weekly benefit amount: means the amount of benefits that an individual would be entitled to receive for 1 week of total unemployment. See Montana Code 39-51-201
(2)The individual may not be disqualified for any of the following reasons:
(a)The individual leaves employment because of personal illness or injury not associated with misconduct upon the advice of a licensed and practicing health care provider and, after recovering from the illness or injury when recovery is certified by a licensed and practicing health care provider, the individual returned to and offered service to the individual’s employer and the individual’s regular or comparable suitable work was not available, as determined by the department, provided the individual is otherwise eligible.
(b)The individual leaves temporary work accepted during a period of unemployment caused by a lack of work with the individual’s regular employer if upon leaving the temporary work the individual returned immediately to work for the individual’s regular employer, provided that the individual is unemployed for nondisqualifying reasons.
(c)The individual leaves employment because of being ordered to military service, as defined in 10-1-1003, for a period of less than 180 days and the individual upon checking with the employer finds that the individual’s prior employment has terminated due to other nondisqualifying reasons. Any benefits paid under this subsection (2)(c) are not chargeable to the account of an employer with an experience rating as provided in 39-51-1213.
(d)The individual leaves employment because of the mandatory military transfer of the individual’s spouse. Any benefits paid under this subsection (2)(d) are not chargeable to the account of an employer with an experience rating as provided in 39-51-1213.
(3)To requalify for benefits, an individual shall perform services for which remuneration is received equal to or in excess of six times the individual’s weekly benefit amount subsequent to the week in which the act causing the disqualification occurred unless the individual has been in regular attendance at an educational institution accredited by the state of Montana for at least 3 consecutive months from the date of the act that caused the disqualification. The services must constitute employment as defined in 39-51-203 and 39-51-204.