Ohio Revised Code
Chapter 4141 | Unemployment Compensation
Section 4141.33 | Seasonal Employment.

Effective: September 29, 2011
Latest Legislation: House Bill 153 - 129th General Assembly
(A) As used in this section:
(1) "Reasonable assurance" means a written, verbal, or implied agreement that the individual will perform services in the same or similar capacity during the ensuing sports season or seasonal period.
(2) "Seasonal employment" means employment of individuals hired primarily to perform services in an industry which because of climatic conditions or because of the seasonal nature of such industry it is customary to operate only during regularly recurring periods of forty weeks or less in any consecutive fifty-two weeks.
(3) "Seasonal employer" means an employer determined by the director of job and family services to be an employer whose operations and business, with the exception of certain administrative and maintenance operations, are substantially all in a seasonal industry.
(4) "Significantly" means forty per cent or more of an individual's base period consists of services performed in seasonal employment.
(B) Any employer who claims to have seasonal employment in a seasonal industry may file with the director a written application for classification of such employment as seasonal. Whenever in any industry it is customary to operate because of climatic conditions or because of the seasonal nature of such industry only during regularly recurring periods of forty weeks or less duration, benefits shall be payable only during the longest seasonal periods which the best practice of such industry will reasonably permit. The director shall determine, after investigation, hearing, and due notice, whether the industry is seasonal and, if seasonal, establish seasonal periods for such seasonal employer. Until such determination by the director, no industry or employment shall be deemed seasonal.
(C) When the director has determined such seasonal periods, the director shall also establish the proportionate number of weeks of employment and earnings required to qualify for seasonal benefit rights in place of the weeks of employment and earnings requirement stipulated in division (R) of section 4141.01 and section 4141.30 of the Revised Code, and the proportionate number of weeks for which seasonal benefits may be paid. An individual whose base period employment consists of only seasonal employment for a single seasonal employer and who meets the employment and earnings requirements determined by the director pursuant to this division will have benefit rights determined in accordance with this division, except benefits shall not be paid for any week between two successive seasonal periods. Benefit charges for such seasonal employment shall be computed and charged in accordance with division (D) of section 4141.24 of the Revised Code. The director may adopt rules for implementation of this section.
(D) An individual whose base period employment consists of either seasonal employment with two or more seasonal employers or both seasonal employment and nonseasonal employment with employers subject to this chapter, will have benefit rights determined in accordance with division (R) of section 4141.01 and section 4141.30 of the Revised Code. Benefit charges for both seasonal and nonseasonal employment shall be computed and charged in accordance with division (D) of section 4141.24 of the Revised Code. The total seasonal and nonseasonal benefits during a benefit year cannot exceed twenty-six times the weekly benefit amount. Effective October 30, 2011, an individual who performs services that significantly consist of services performed in seasonal employment shall not be paid benefits for those services for any week in the period between two successive seasonal periods if the individual performed those services in the first of the seasonal periods and there is reasonable assurance that the individual will perform those services in the later of the seasonal periods. The director shall adopt rules for the implementation of this division.
(E) Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons, or similar periods, if the individual performed services in the first of the seasons, or similar periods, and there is a reasonable assurance that the individual will perform services in the later of the seasons, or similar periods.
(F) The director shall adopt rules concerning the eligibility for benefits of individuals under divisions (D) and (E) of this section.

Structure Ohio Revised Code

Ohio Revised Code

Title 41 | Labor and Industry

Chapter 4141 | Unemployment Compensation

Section 4141.01 | Unemployment Compensation Definitions.

Section 4141.031 | Appointment of Agricultural Ombudsperson.

Section 4141.04 | Free Employment Services.

Section 4141.042 | Promoting Employment Competencies and Upward Mobility of Women.

Section 4141.046 | Prohibition Against Accepting Compensation for Securing Employment.

Section 4141.06 | Unemployment Compensation Review Commission.

Section 4141.07 | Non-Lawyer Representatives - Commission or Representative Fees Prohibited.

Section 4141.08 | Unemployment Compensation Advisory Council.

Section 4141.09 | Unemployment Compensation Fund - Clearing Account, Unemployment Trust Fund Account, Benefit Account.

Section 4141.10 | Unemployment Compensation Administration Fund.

Section 4141.11 | Unemployment Compensation Special Administrative Fund.

Section 4141.12 | Unemployment Compensation Modernization and Improvement Council.

Section 4141.13 | Director of Job and Family Services - Additional Duties.

Section 4141.131 | Sale of Real Property.

Section 4141.14 | Rules of Director Subject to Approval of Unemployment Compensation Review Commission.

Section 4141.162 | Establishing Income and Eligibility Verification System.

Section 4141.17 | Oaths, Depositions, and Subpoenas.

Section 4141.18 | Employer Shall Keep Employment Record.

Section 4141.20 | Employers to Furnish Information to Director - Quarterly Reports - Forfeiture.

Section 4141.21 | Information Maintained by or Furnished Director Not Open to Public - Publication in Statistical Form.

Section 4141.22 | Divulging Information.

Section 4141.23 | Employer Contributions - Payments in Lieu of Contributions.

Section 4141.231 | Satisfying Employer's Deficiency.

Section 4141.24 | Employer Accounts.

Section 4141.241 | Nonprofit Organizations as Employers.

Section 4141.242 | Public Entities as Employers.

Section 4141.25 | Contribution Rates.

Section 4141.251 | Unemployment Compensation Interest Contingency Fund.

Section 4141.26 | Notifying Employer of Contribution Rate.

Section 4141.27 | Proceeding Against Employer Who Fails to Comply.

Section 4141.28 | Determination of Benefit Rights and Claims for Benefits.

Section 4141.281 | Appeal to Director.

Section 4141.282 | Appeal to Court.

Section 4141.283 | Unemployment Due to Labor Dispute.

Section 4141.284 | Child Support Obligations.

Section 4141.285 | Unemployment Caused by Major Disaster.

Section 4141.286 | Mandatory Checks for Determining Benefit Rights and Eligibility.

Section 4141.29 | Eligibility for Benefits.

Section 4141.291 | Voluntarily Quitting to Accept Recall.

Section 4141.292 | State Disaster Unemployment Benefit Payment.

Section 4141.293 | Participation in Learn to Earn Program.

Section 4141.30 | Paying Benefits.

Section 4141.301 | Extended Benefit Period.

Section 4141.31 | Benefits Reduced by Remuneration.

Section 4141.312 | Benefits Reduced by Amount of Governmental Payments Based on Individual's Previous Work. - Social Security.

Section 4141.32 | No Waiver or Assignment of Benefits.

Section 4141.321 | Federal Income Tax Deducted or Withheld.

Section 4141.33 | Seasonal Employment.

Section 4141.35 | Fraudulent Misrepresentations to Obtain Benefits - Other Reasons.

Section 4141.36 | Deductions From Salaries Not Permitted Except for Private Benefits.

Section 4141.37 | Compliance by Firm or Corporation Mandatory.

Section 4141.38 | Prohibition Against Failure to Make Reports or Pay Contributions.

Section 4141.39 | Injunction.

Section 4141.40 | Prohibition Against Violations Not Otherwise Specified.

Section 4141.41 | Secretary of State Is Agent of Employer for Service of Process - Comity Between States.

Section 4141.42 | Reciprocal Agreements to Determining Liability for Payment of Employer Contributions.

Section 4141.43 | Cooperation With Federal, State, and Other Agencies.

Section 4141.431 | Domestic Service in Private Home.

Section 4141.432 | Unemployment Compensation Administrative Support Other Sources Fund.

Section 4141.45 | Right to Amend or Repeal.

Section 4141.46 | Liberal Construction of Statutes.

Section 4141.47 | Auxiliary Services Personnel Unemployment Compensation Fund - Auxiliary Services Program Administrative Fund.

Section 4141.48 | Acquisition of Trade or Business to Lower Contribution Rate Prohibited.

Section 4141.50 | Sharedwork Ohio Definitions.

Section 4141.51 | Participation in Sharedwork Ohio.

Section 4141.52 | Commencement and Duration of Shared Work Plan.

Section 4141.53 | Eligibility for Shared Work Compensation.

Section 4141.54 | Employees Who Satisfy Availability Requirement.

Section 4141.55 | Reimbursement.

Section 4141.56 | Report.

Section 4141.99 | Penalty.