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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXI LABOR AND INDUSTRIES
  • CHAPTER 151A UNEMPLOYMENT INSURANCE
  • Section 71A Definitions

Section 71A. As used in section seventy-one B to seventy-one G inclusive, the following words shall unless the context clearly requires otherwise, have the following meanings:—

“Advance notification”, a voluntary declaration in writing given by the employer to the employee or to the employee’s authorized collective bargaining agent that a plant closing will occur.

“Commissioner”, the director of the department of career services, established by section one of chapter twenty-three.

“Covered partial closing”, a partial closing which the commissioner has determined under the provisions of section seventy-one C, to be covered by the provisions of section seventy-one B to seventy-one G, inclusive.

“Date of certification”, the actual or anticipated date of plant closing or covered partial closing as determined by the commissioner.

“Date of notification”, the date of announcement by the employer or the commissioner, whichever is earlier, of a plant closing or covered partial closing as determined by the commissioner.

“Eligibility period”, the period consisting of the weeks in an employee’s benefit year which consist of the employee’s first compensable week and the next twelve consecutive weeks following the date of notification or the date of certification, whichever is earlier.

“Employee”, an individual who is or has performed services for wages, whether full-time or part-time, at a facility, who at the point of termination has received said wages for the past four quarterly periods from the employer or its predecessor, and who is otherwise eligible for unemployment benefits, excluding any individual employed by an employer engaged in a seasonal enterprise as defined by the commissioner.

“Employer”, an individual, corporation, or other private business entity, whether for profit or not-for-profit, except an employer engaged in a seasonal enterprise as defined by the commissioner, which owns or operates a facility, at least one year.

“Facility”, a plant, factory, commercial business, hospital, institution or other place of employment located in the commonwealth which had fifty or more employees, as defined in this section, during any month in the six month period prior to the date of certification.

“Group insurance policy”, a medical insurance policy provided by an employer for its employees, in accordance with the provisions of either chapter one hundred and seventy-five, one hundred and seventy-six A, one hundred and seventy-six B, or chapter one hundred and seventy-six G.

“Health Insurance Benefits Fund”, the fund established by section seventy-one E to finance the health insurance benefits in accordance with the provisions of section seventy-one G.

“Industrial Advisory Board” or “Board”, the body, established by section one hundred and ninety of chapter six for the purpose of advising certain officials of the commonwealth on the implementation of certain provisions of this chapter and on possible future policies.

“Partial closing”, a permanent cessation of a major discrete portion of the business conducted at a facility which results in the termination of a significant number of the employees of said facility and which affects workers and communities in a manner similar to that of plant closings.

“Plant closing”, a permanent cessation or reduction of business at a facility which results or will result as determined by the director in the permanent separation of at least ninety per cent of the employees of said facility within a period of six months prior to the date of certification or with such other period as the director shall prescribe, provided that such period shall fall within the six month period prior to the date of certification.

“Reemployment assistance benefits”, the supplemental benefits established by section seventy-one F for employees who have been terminated by plant closings and covered partial closings.

“Reemployment Assistance Fund” or “Fund”, the fund, established by section seventy-one E, to finance the reemployment assistance benefits.

“Reemployment assistance program”, the regional and plant-specific services provided pursuant to section seventy-one D for the purpose of assisting employees terminated by plant closings and partial closings to secure new jobs or training.

“Separation pay”, the maintenance by an employer or a labor union of an employee’s wages following his termination.

“Termination”, the permanent layoff of an employee from the employ of an employer, provided however, that an employee who is offered continued suitable employment as defined in subsection (c) of section twenty-five by his employer at another workplace owned or operated by said employer shall not be deemed to have been laid off.

“Wages”, as defined in section one and remuneration paid to an employee for employment by an employer during the previous four quarterly periods; provided, however, that for the purpose of determining eligibility for reemployment assistance benefits, remuneration shall include unemployment insurance benefits paid for weeks of unemployment occurring during said previous four quarterly periods; and provided further, that all or part of such benefits are attributable to service in the employ of the plant closing or partial plant closing employer.