Terms Used In Montana Code > Title 39 > Chapter 51 > Part 23 - Benefit Disqualification

• Benefit year: means the 52-consecutive-week period beginning with the first day of the calendar week in which an individual files a valid claim for benefits, except that the benefit year is 53 weeks if filing a new valid claim would result in overlapping any quarter of the base period of a previously filed new claim. See Montana Code 39-51-201
• 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
• Customary: means according to usage. See Montana Code 1-1-206
• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
• Employment office: means a free public employment office or branch of an office operated by this state or maintained as a part of a state-controlled system of public employment offices or other free public employment offices operated and maintained by the United States government or its instrumentalities as the department may approve. See Montana Code 39-51-201
• Gross misconduct: means a criminal act, other than a violation of a motor vehicle traffic law, for which an individual has been convicted in a criminal court or has admitted or conduct that demonstrates a flagrant and wanton disregard of and for the rights, title, or interest of a fellow employee or the employer. 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
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• 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