Sec. 2. (a) Payments in lieu of a vacation awarded to an employee by an employing unit shall be considered as deductible income in and with respect to the week in which the vacation occurs.
(b) The payment of accrued vacation pay, dismissal pay, or severance pay to an individual separated from employment by an employing unit shall be allocated to the period of time for which such payment is made immediately following the date of separation, and an individual receiving such payments shall not be deemed unemployed with respect to a week during which such allocated deductible income equals or exceeds the weekly benefit amount of the individual's claim.
(c) Pay for:
(1) idle time;
(2) sick pay;
(3) traveling expenses granted to an individual by an employing unit and not fully accounted for by such individual;
(4) earnings from self-employment;
(5) awards by the National Labor Relations Board of additional pay, back pay, or for loss of employment;
(6) payments made under an agreement entered into by an employer, a union, and the National Labor Relations Board; or
(7) payments to an employee by an employing unit made pursuant to the terms and provisions of the Fair Labor Standards Act;
shall be deemed to constitute deductible income with respect to the week or weeks for which such payments are made. However, if payments made under subsection (c)(5) or (c)(6) are not, by the terms of the order or agreement under which the payments are made, allocated to any designated week or weeks, then, and in such cases, such payments shall be considered as deductible income in and with respect to the week in which the same is actually paid.
(d) Holiday pay shall be deemed to constitute deductible income with respect to the week in which the holiday occurs.
(e) Payment of vacation pay shall be deemed deductible income with respect to the week or weeks falling within such vacation period for which vacation payment is made.
Formerly: Acts 1947, c.208, s.502; Acts 1953, c.177, s.11; Acts 1967, c.310, s.8; Acts 1971, P.L.355, SEC.10. As amended by Acts 1981, P.L.209, SEC.4; P.L.20-1986, SEC.4; P.L.121-2014, SEC.9.
Structure Indiana Code