§ 28-41-9 - Lag day benefits.
SECTION 28-41-9
§ 28-41-9 Lag day benefits. – (a) An individual who, having been unemployed due to sickness, has served awaiting period, or is in receipt of benefits under this chapter, returns towork prior to the end of the immediately succeeding week, shall be entitled toone-fifth ( 1/5) of his or her benefit rate for each day of unemployment due tosickness in which work is ordinarily performed in the occupation in which he orshe is employed during the week in which he or she returns to work, figured tothe highest dollar, including any holiday when the performance of services iswaived by his or her employer; provided, that in no case shall any individualbe entitled to more than four-fifths ( 4/5) of his benefit rate, figured to thehighest dollar, for that week.
(b) An individual who, having been unemployed due tosickness, served a waiting period and, at a later date during his or herbenefit year, again becomes unemployed due to sickness, and refiles his or herclaim for benefits, shall, if his or her first day of unemployment begins on aday subsequent to the first day of any week, be entitled to one-fifth ( 1/5) ofhis or her benefit rate for each day in that week in which work is ordinarilyperformed in the occupation in which he or she was last employed, including anyholiday when the performance of services is waived by his or her employer,figured to the highest dollar, if his or her unemployment continues for seven(7) consecutive calendar days, including the first day of unemployment due tosickness for which he or she has refiled his or her claim. In no case shall anyindividual be entitled to more than four-fifths ( 4/5) of his or her benefitrate, figured to the highest dollar, for the week in which his or herunemployment begins on a day subsequent to the first day of that week.