DAR File No. 41103
This rule was published in the January 1, 2017, issue (Vol. 2017, No. 1) of the Utah State Bulletin.
Workforce Services, Unemployment Insurance
Separations from a Temporary Help Company (THC)
Notice of Proposed Rule
DAR File No.: 41103
Filed: 12/15/2016 04:05:06 PM
Purpose of the rule or reason for the change:
The purpose of this amendment is to clarify when benefits will be allowed in Temporary Help Company (THC) cases.
Summary of the rule or change:
These changes are to reflect current Department practice and provide guidance for claimants and THC on how job separations are adjudicated.
Statutory or constitutional authorization for this rule:
- Subsection 35A-1-104(4)
- Subsection 35A-4-502(1)(b)
- Section 35A-1-104
Anticipated cost or savings to:
the state budget:
This is a federally-funded program so there are no costs or savings to the state budget.
This is a federally-funded program so there are no costs of savings to local government.
There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded.
persons other than small businesses, businesses, or local governmental entities:
There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program and it is federally funded.
Compliance costs for affected persons:
There are no costs or savings to any affected persons, as there are no fees associated with this program and it is federally funded. These changes will not impact the contribution rate of any employer.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employers contribution tax rate.
Jon Pierpont, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Workforce Services
140 E 300 S
SALT LAKE CITY, UT 84111-2333
Direct questions regarding this rule to:
- Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Jon Pierpont, Executive Director
R994. Workforce Services, Unemployment Insurance.
R994-405. Ineligibility for Benefits.
R994-405-2. Separations From a Temporary Help Company (THC).
THC is defined in R994-202-102. Because the THC is the
employer, eligibility for benefits of employees of a THC and the
THC's liability for claims will be based on the reason for
separation from the THC and not the reason for the separation from
the client company. (1) If the claimant reports back to the THC within a
reasonable period of time after the claimant's last
assignment ends and no work is offered because no work is
available, the separation is a reduction of force, regardless of
the reason the claimant left the last assignment except as
provided in paragraph (2) of this section. A reasonable period of
time is generally considered to be whatever is stipulated in the
employment contract between the claimant and the THC but must be
at least two business days. The claimant must contact the THC
prior to filing a claim for benefits with the Department for the
separation to be considered a reduction of force. (2) If a claimant is no longer able to perform the type
of work previously performed for the THC and the THC agrees to
send the claimant out on work he or she is able to do, it is
considered a quit and the THC may be eligible for relief of
charges. (3) If the claimant fails to contact the THC for a new
assignment within a reasonable period of time after the
claimant's last assignment ends, the separation is a quit and
not a reduction of force. (4) If the claimant files a new claim or reopens an
existing claim prior to contacting the THC for another
assignment, the job separation is a quit, even if the claimant
subsequently contacts the THC within a reasonable period of
time. (5) If the claimant contacts the THC for a new assignment
within a reasonable period of time after the claimant's last
assignment ends and the claimant refuses a new assignment, the
job separation is a quit if the new assignment is similar to the
previous assignments. The separation is a reduction of force and
an offer of new work if the new assignment is substantially
different from the previous assignments. The job duties, wages,
hours, and conditions of the new assignment should be considered
in determining the similarity of the new assignment. (6) If the THC refuses to the send the claimant out on any
new assignments it is a discharge. This includes instances where
the claimant previously left an ongoing assignment or the client
company prevented the claimant from completing an ongoing
KEY: unemployment compensation, employment, employee's rights, employee termination
Date of Enactment or Last Substantive Amendment: [
July 9, 2012]
Notice of Continuation: May 16, 2013
Authorizing, and Implemented or Interpreted Law: 35A-4-502(1)(b); 35A-1-104(4); 35A-4-405
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2017/b20170101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.