Ind. Code ch. 22-4-14

Ind. Code ch. 22-4-14
in effect

Ind. Code § 22-4-14-0.1 Application of certain amendments to chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.138-2008 apply to initial claims for unemployment filed for weeks that begin after March 14, 2008. As added by P.L.220-2011, SEC.366.

Ind. Code § 22-4-14-1 Claims; inverse seniority layoffs

Sec. 1. (a) Except as provided in IC 22-4-5-1 or subsection (b), an unemployed individual shall be eligible to receive benefits with respect to any week only if the individual has made a claim for benefits in accordance with IC 22-4-17. (b) A person who: (1) accepts a layoff under an inverse seniority clause of a validly negotiated contract; and (2) otherwise meets the eligibility requirements established by this article; is entitled to receive benefits in the same amounts, under the same terms, and subject to the same conditions as any other unemployed person. Formerly: Acts 1947, c.208, s.1401; Acts 1971, P.L.355, SEC.29. As amended by P.L.138-2008, SEC.3; P.L.2-2011, SEC.12; P.L.113-2026, SEC.15.

Ind. Code § 22-4-14-2 Employment offices; registration; reporting; job counseling and training

Sec. 2. (a) An unemployed individual is eligible to receive benefits with respect to any week only if the individual: (1) has filed a claim for benefits; (2) has registered for work at an employment office or branch thereof or other agency designated by the commissioner within the time limits required by statute or rule; (3) has subsequently reported with the frequency and in the manner, either in person or in writing, required by statute or rule; (4) meets all eligibility requirements and has verified that information by submitting each weekly voucher with the department; and (5) has responded completely to all inquiries from the department. (b) Failure to comply with subsection (a) shall be excused by the commissioner or the commissioner's authorized representative upon a showing of good cause therefor. The department shall waive or alter the requirements of this section as to such types of cases or situations that compliance with such requirements would be oppressive. (c) The department may provide job counseling or training to a claimant receiving unemployment benefits. The manner and duration of the counseling shall be determined by the department. (d) A claimant who is receiving benefits as determined under IC 22-4-15-1(c)(8) is entitled to complete the reporting, counseling, or training that must be conducted in person at a one stop center selected by the claimant. The department shall advise an eligible claimant that this option is available. (e) The department may waive the requirements of subsection (a) for a week only when one (1) of the following applies to a claimant for that week: (1) The claimant is attending training or retraining approved by the department. (2) The claimant is a job-attached worker with a specific recall date that is not more than sixty (60) days after the individual's separation date. (3) The claimant is using: (A) a hiring service; (B) a referral service; or (C) another job placement service as determined by the department. (f) Those registering for work under subsection (a)(2) must comply with the following: (1) Registration is accomplished through enrollment in the Indiana career connect data base. (2) Once a claimant files a claim for unemployment insurance benefits, the department will automatically start an account for the claimant in the Indiana career connect data base, based on the information the claimant entered for their uplink account. (3) The claimant should then log into the Indiana career connect data base, using the login information from the filing of the claim, and complete the claimant's profile and create a resume. The claimant can also upload an existing resume. (4) If for some reason a claimant fails to become registered within ten (10) days of filing an initial claim for benefits, the claimant will be denied unemployment insurance benefits. The claimant will not be eligible for benefits until the requirement has been completely met. (5) If a claimant has a work search waiver, which includes department approved training, has a return to work date of sixty (60) days or less, or is an active member of a union hiring hall, the claimant does not have to be registered in the Indiana career connect data base, and does not have to report work search efforts each week. However, the claimant is still required to complete a weekly online voucher. (g) A claimant must report on the claimant's work search on a weekly basis via submission of the online claim form, or in any other manner as required by the department. (h) A claimant's claim for benefits, weekly reports to the department, and responses to all department inquiries must be filed in the form and manner prescribed by the department. (i) If a claimant does not timely file a claim for benefits or a weekly report, the department shall deny benefits for that week and shall refuse to accept late filed claims and reports unless the department finds that the claimant personally experienced a verified medical emergency that made it impossible for the claimant to file a timely claim or weekly report. Formerly: Acts 1947, c.208, s.1402; Acts 1953, c.177, s.14; Acts 1969, c.300, s.3. As amended by P.L.144-1986, SEC.103; P.L.18-1987, SEC.41; P.L.80-1990, SEC.12; P.L.1-1991, SEC.149; P.L.21-1995, SEC.78; P.L.108-2006, SEC.25; P.L.175-2009, SEC.19; P.L.171-2016, SEC.10; P.L.200-2025, SEC.9; P.L.121-2026, SEC.34.

Ind. Code § 22-4-14-3 Availability for full-time work required to receive benefits; exceptions; work search activities

Sec. 3. (a) A claimant who is receiving benefits as determined under IC 22-4-15-1(c)(8) may restrict the claimant's availability because of the claimant's need to address the physical, psychological, or legal effects of being a victim of domestic or family violence (as defined in IC 31-9-2.1-84). (b) An unemployed claimant shall be eligible to receive benefits with respect to any week only if the claimant: (1) is physically and mentally able to work; (2) is available for work; (3) is found by the department to be actively making an effort to secure full-time work; and (4) participates in reemployment services and reemployment and eligibility assessment activities when directed by the department as provided under sections 3.2 and 3.5 of this chapter, unless the department determines that: (A) the claimant has completed the reemployment services; or (B) failure by the claimant to participate in or complete the reemployment services is excused by the director under IC 22-4-14-2(b). (c) For the purpose of this article, unavailability for work of a claimant exists in, but is not limited to, any case in which, with respect to any week, it is found: (1) that the claimant is engaged by any unit, agency, or instrumentality of the United States, in charge of public works or assistance through public employment, or any unit, agency, or instrumentality of this state, or any political subdivision thereof, in charge of any public works or assistance through public employment; (2) that the claimant is in full-time active military service of the United States, or is enrolled in civilian service as a conscientious objector to military service; (3) that the claimant is suspended for misconduct in connection with the claimant's work; or (4) that the claimant is in attendance at a regularly established public or private school during the customary hours of the claimant's occupation or is in any vacation period intervening between regular school terms during which the claimant is a student. However, this subdivision does not apply to any claimant who is attending a regularly established school, has been regularly employed and upon becoming unemployed makes an effort to secure full-time work and is available for suitable full-time work with the claimant's last employer, or is available for any other full-time employment deemed suitable. (d) Notwithstanding any other provisions in this section or IC 22-4-15-2, no otherwise eligible claimant shall be denied benefits for any week because the claimant is in training with the approval of the department, nor shall the claimant be denied benefits with respect to any week in which the claimant is in training with the approval of the department by reason of the application of the provisions of this section with respect to the availability for work or active search for work or by reason of the application of the provisions of IC 22-4-15-2 relating to failure to apply for, or the refusal to accept, suitable work. The department may by rule prescribe the conditions under which approval of such training will be granted. (e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, an otherwise eligible claimant shall not be denied benefits for any week or determined not able, available, and actively seeking work, because the claimant is responding to a summons for jury service. The claimant shall: (1) obtain from the court proof of the claimant's jury service; and (2) provide to the department, in the manner the department prescribes by rule, proof of the claimant's jury service. (f) If an otherwise eligible claimant is unable to work or unavailable for work on any normal work day of the week, the claimant shall be eligible to receive benefits with respect to such week reduced by one-third (1/3) of the claimant's weekly benefit amount for each day of such inability to work or unavailability for work. (g) A claimant has made an effort to secure full-time work with respect to any week in which any of the following apply: (1) The claimant has completed activities directed by the department under sections 3.2 and 3.5 of this chapter. (2) The claimant has performed at least two (2) acceptable work search activities, including any work search activities provided by the department to the claimant through the claimant's uplink home page. (3) The claimant has affirmed that the claimant has made an effort to secure full-time work. (4) The claimant applies to, and accepts if offered, suitable jobs referred to the claimant by the department. (h) For purposes of this section, acceptable work search activities may include: (1) creating a reemployment plan, in conjunction with a work one office; (2) creating a resume; (3) uploading the claimant's resume to Indiana career connect; (4) registering for work with Indiana career connect, a placement firm, temporary work agencies, or an educational institution with job placement offices; (5) using online career tools reasonably expected to improve the claimant's likelihood of finding employment; (6) logging on and looking for work in Indiana career connect; (7) using reemployment services in a work one center or completing similar online or self-service activities; (8) completing job applications for employers that have, or are reasonably expected to have, job openings, or following through on job referrals or job development attempts, as directed by state workforce or unemployment insurance staff; (9) applying for or participating in employment and training services provided by partner programs in work one centers; (10) creating a personal user profile on a professional networking site appropriate for the claimant's prior training and experience; (11) participating in work related networking events; (12) making contacts or in person visits to employers that have, or are reasonably expected to have, job openings; (13) taking a civil service exam; or (14) going on interviews with employers virtually or in person. (i) For purposes of this section, the department will determine whether work is suitable on a case by case basis pursuant to the criteria set forth in IC 22-4-15-2. The following apply with respect to suitable work: (1) In order to maintain benefit eligibility, when the department directs, a claimant must apply for any available position. (2) Suitable work must be accepted, if the offer is received by a claimant at any time after the claimant's separation from employment. (3) Failure to accept suitable work, without good cause, will result in the claimant being ineligible for benefits. (j) Except for activities that the department will verify under subsection (h)(1), (h)(3), (h)(5), (h)(6), and (h)(8), for a period of six (6) months following the week in which the work search activities occurred, the claimant must keep a detailed record of the claimant's weekly work search activities so that the department can verify the activity for an audit or eligibility review. A detailed record includes the following information: (1) The date of the activity. (2) The name of the employer, event host, organizer, platform, or other identifying information, such as a job reference number. (3) Contact information, such as the employer's mailing address, telephone number, electronic mail address, or website address, and name of the person contacted, if available. (4) Details of the position for which the claimant applied or activity in which the claimant participated. (5) Method of contact or participation. (6) Confirmation of the claimant's contact or participation. (7) Results of the claimant's contact or participation. (k) A contemporaneous document generated by an employer, an event host, an organizer, a platform, or other relevant third party that includes the date and details of an activity as well as confirmation of the claimant's submission or participation, will be presumed to satisfy the requirements of subsection (j). (l) The department may allow a claimant to satisfy the requirements of subsection (j) through a document other than one described in subsection (j) or (k), but the claimant must demonstrate the reliability and appropriateness of the documentation. Formerly: Acts 1947, c.208, s.1403; Acts 1951, c.307, s.3; Acts 1955, c.317, s.8; Acts 1967, c.310, s.18; Acts 1971, P.L.355, SEC.30; Acts 1975, P.L.253, SEC.1. As amended by Acts 1976, P.L.114, SEC.4; Acts 1980, P.L.158, SEC.3; P.L.227-1983, SEC.7; P.L.18-1987, SEC.42; P.L.21-1995, SEC.79; P.L.189-2003, SEC.2; P.L.108-2006, SEC.26; P.L.175-2009, SEC.20; P.L.110-2010, SEC.30; P.L.154-2013, SEC.6; P.L.195-2015, SEC.1; P.L.171-2016, SEC.11; P.L.119-2020, SEC.1; P.L.93-2024, SEC.157; P.L.200-2025, SEC.10; P.L.121-2026, SEC.35; P.L.145-2026, SEC.131.

Ind. Code § 22-4-14-3.2 Required visit and orientation to one stop center services; exceptions

Sec. 3.2. (a) For purposes of section 3 of this chapter, not later than the sixth week after the week an individual begins receiving benefits but not earlier than the fourth week after the week an individual begins receiving benefits, the individual must be scheduled to visit and receive an orientation to the services available through a one stop center (as defined by IC 22-4.1-1-5). The individual must appear when scheduled, but in any event, the individual's orientation must be completed not later than the sixth week after the week the individual begins receiving benefits. (b) The department may waive the requirements of subsection (a): (1) as determined by the department; or (2) when one (1) of the following applies to an individual: (A) The individual is attending training or retraining approved by the department. (B) The individual is a job-attached worker with a specific recall date that is not more than sixty (60) days after the individual's separation date. (C) The individual is using: (i) a hiring service; (ii) a referral service; or (iii) another job placement service as determined by the department. (D) The individual is receiving a supplemental unemployment benefit under a contract or agreement. As added by P.L.171-2016, SEC.12. Amended by P.L.200-2025, SEC.11.

Ind. Code § 22-4-14-3.5 Reemployment services; reemployment and eligibility assessment activities

Sec. 3.5. (a) For purposes of section 3 of this chapter, reemployment services and reemployment and eligibility assessment activities provided to an individual: (1) must include: (A) orientation to the services available through a one stop center (as defined by IC 22-4.1-1-5); (B) provision of labor market and career information; (C) assessment of the individual's workforce and other job related skills; and (D) a review of the individual's work search efforts; and (2) may include: (A) comprehensive and specialized assessments; (B) individual and group career counseling; (C) training services; (D) additional services to assist the individual in becoming reemployed; (E) job search counseling; (F) development and review of the individual's reemployment plan that includes the individual's participation in job search activities and appropriate workshops; and (G) additional job skills assessments as needed. (b) The department may require an individual participating in reemployment and eligibility assessment activities described in this section to provide proof of identity. (c) If an individual has been determined to be likely to exhaust regular benefits and to need reemployment services under a profiling system established by the department, the department may require the individual to participate in additional services beyond those provided in subsection (a). As added by P.L.195-2015, SEC.2. Amended by P.L.149-2016, SEC.60.

Ind. Code § 22-4-14-4 Waiting period

Sec. 4. As a condition precedent to the payment of benefits to an individual with respect to any week such individual shall be required to serve a waiting period of one (1) week in which he has been totally, partially or part-totally unemployed and with respect to which he has received no benefits, but during which he was eligible for benefits in all other respects and was not otherwise ineligible for benefits under any provisions of this article. Such waiting period shall be a week in the individual's benefit period and during such week such individual shall be physically and mentally able to work and available for work. No individual in a benefit period may file for waiting period or benefit period rights with respect to any subsequent period. Provided, however, That no waiting period shall be required as a prerequisite for drawing extended benefits. Formerly: Acts 1947, c.208, s.1404; Acts 1971, P.L.355, SEC.31.

Ind. Code § 22-4-14-5 Wage credits

Sec. 5. An insured worker may not receive benefits in a benefit year unless: (1) after the beginning of the immediately preceding benefit year during which the individual received benefits, the individual: (A) performed insured work; (B) earned remuneration in employment in at least each of eight (8) weeks; and (C) earned remuneration equal to or exceeding the product of the individual's weekly benefit amount multiplied by eight (8); (2) the individual has established, after the last day of the individual's last base period, if any, wage credits (as defined in IC 22-4-4-3 and within the meaning of wages under IC 22-4-22-3) equal to at least one and five-tenths (1.5) times the wages paid to the individual in the calendar quarter in which the individual's wages were highest; and (3) the individual has established wage credits in the last two (2) calendar quarters of the individual's base period in a total amount of not less than two thousand five hundred dollars ($2,500) and a total amount in the four (4) calendar quarters of the individual's base period of not less than four thousand two hundred dollars ($4,200). Formerly: Acts 1947, c.208, s.1405; Acts 1965, c.190, s.8; Acts 1971, P.L.355, SEC.32; Acts 1974, P.L.110, SEC.3. As amended by Acts 1980, P.L.158, SEC.4; P.L.34-1985, SEC.6; P.L.171-1991, SEC.5; P.L.21-1995, SEC.80; P.L.166-1996, SEC.2; P.L.175-2009, SEC.21; P.L.183-2015, SEC.6; P.L.113-2026, SEC.16.

Ind. Code § 22-4-14-6 Extended benefits; eligibility

Sec. 6. (a) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the commissioner finds that with respect to such week: (1) the individual is an "exhaustee"; and (2) the individual has satisfied the requirements of this article for the receipt of regular benefits that are applicable to extended benefits, including not being subject to a disqualification for the receipt of benefits. (b) For claims for extended benefits established after September 25, 1982, notwithstanding any other provision of this article, an individual shall be eligible to receive extended benefits only if the individual's insured wages in the base period with respect to which the individual exhausted all rights to regular compensation were equal to or exceeded one and one-half (1 1/2) times the individual's insured wages in that calendar quarter of the base period in which the individual's insured wages were the highest. Formerly: Acts 1971, P.L.355, SEC.33. As amended by Acts 1981, P.L.209, SEC.7; Acts 1982, P.L.95, SEC.3; P.L.18-1987, SEC.43; P.L.21-1995, SEC.81; P.L.175-2009, SEC.22; P.L.200-2025, SEC.12.

Ind. Code § 22-4-14-6.1 Extended benefits; classification

Sec. 6.1. (a) The department shall classify as: (1) good; or (2) not good; a claimant for extended benefits's prospects for obtaining work in the claimant's customary occupation within eight (8) weeks of filing for extended benefits. (b) Not later than the end of the week in which the initial claim is filed, the department shall notify the claimant for extended benefits of the following: (1) The claimant's classification under subsection (a). (2) What kind of jobs the claimant may be referred to. (3) What kind of jobs the claimant must seek and accept. (4) The evidence the claimant must furnish to the department regarding the claimant's search for work. (5) Any disqualifications that may result from failure to seek, apply for, or accept suitable work. The classification and requirements described in subdivisions (1) through (5) are applicable beginning with the week following the week in which the claimant is furnished written notice of the classification and requirements. (c) If a claimant for extended benefits is classified as having good prospects under subsection (a), but those prospects are not realized by the close of the eighth week following the week in which the claimant was furnished written notice of the claimant's prospects, the department shall reclassify the claimant's prospects as not good unless the claimant furnishes to the department satisfactory evidence that the claimant's prospects are good. (d) Any determination or classification of job prospects of a claimant for extended benefits is mutually exclusive and only one (1) classification may be applied to a claimant as to any failure to seek, apply for, or accept suitable work with respect to any week. (e) Whenever the department makes a determination of benefit eligibility with respect to a claimant for extended benefits's failure to seek, apply for, or accept suitable work, the determination must: (1) include a finding as to the claimant's job prospects at the time the issue arose; and (2) explain how the claimant's job prospects relate to the decision to allow or deny benefits. As added by P.L.200-2025, SEC.13.

Ind. Code § 22-4-14-6.3 Extended benefits; referral to suitable work

Sec. 6.3. The department shall refer a claimant for extended benefits to suitable work, beginning with the week following the week in which the claimant is furnished written notice under section 6.1(b) of this chapter, and continuing for each week as long as the claimant claims extended benefits. As added by P.L.200-2025, SEC.14.

Ind. Code § 22-4-14-6.5 Extended benefits; failure to accept or apply for suitable work

Sec. 6.5. If a claimant for extended benefits: (1) fails to accept an offer of suitable work; or (2) fails to apply for suitable work to which the claimant is referred; the claimant is ineligible for extended benefits for the week in which the failure occurred and each subsequent week, unless the claimant earns remuneration in employment equal to or exceeding the weekly benefit amount of the individual's claim in each of four (4) weeks. As added by P.L.200-2025, SEC.15.

Ind. Code § 22-4-14-6.7 Extended benefits; systematic and sustained effort; tangible evidence of an active search

Sec. 6.7. (a) A claimant for extended benefits shall: (1) make a systematic and sustained effort to search for suitable work; and (2) furnish to the department tangible evidence of an active search for suitable work; beginning with the week following the week in which the claimant is furnished written notice under section 6.1(b) of this chapter, and continuing for each week as long as the claimant claims extended benefits. (b) Except as provided in subsection (c), if a claimant for extended benefits fails to: (1) search for suitable work; or (2) furnish tangible evidence of an active search for suitable work; the claimant is ineligible for the week in which the failure occurred and each subsequent week, unless the claimant earns remuneration in employment equal to or exceeding the weekly benefit amount of the individual's claim in each of four (4) weeks. (c) A claimant for extended benefits who fails to engage in a systematic and sustained search for suitable work in any week because the individual is serving on jury duty may be eligible for extended benefits if the claimant takes the actions described in section 3(e) of this chapter. As added by P.L.200-2025, SEC.16.

Ind. Code § 22-4-14-6.9 Extended benefits; "on" and "off" indicators

Sec. 6.9. (a) With respect to benefits for weeks of unemployment beginning after August 13, 1981, an extended benefit period begins with the third week after a week for which there is a state "on" indicator and ends with the later of the following: (1) The third week after the first week for which there is a state "off" indicator. (2) The thirteenth consecutive week of such period. (b) However, no extended benefit period may begin by reason of a state "on" indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state. (c) There is a state "on" indicator for this state for a week if the commissioner determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding twelve (12) weeks, the rate of insured unemployment (not seasonally adjusted) under this article: (1) equaled or exceeded one hundred twenty percent (120%) of the average of such rates for the corresponding thirteen (13) week period ending in each of the preceding two (2) calendar years; and (2) equaled or exceeded five percent (5%). However, the determination of whether there has been a state "on" or "off" indicator beginning or ending any extended benefit period shall be made under this subsection as if it did not contain subdivision (1) if the insured unemployment rate is at least six percent (6%). Any week for which there would otherwise be a state "on" indicator shall continue to be such a week and may not be determined to be a week for which there is a state "off" indicator. (d) In addition to the test for a state "on" indicator under subsection (c), there is a state "on" indicator for this state for a week if: (1) the average rate of total unemployment in Indiana, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three (3) months for which data for all states are published before the close of the week, equals or exceeds six and five-tenths percent (6.5%); and (2) the average rate of total unemployment in Indiana, seasonally adjusted, as determined by the United States Secretary of Labor, for the three (3) month period referred to in subdivision (1) equals or exceeds one hundred ten percent (110%) of the average for either or both of the corresponding three (3) month periods ending in the two (2) preceding calendar years. There is a state "off" indicator for a week if either of the requirements in subdivisions (1) and (2) are not satisfied. However, any week for which there would otherwise be a state "on" indicator under this section continues to be subject to the "on" indicator and shall not be considered a week for which there is a state "off" indicator. This subsection expires on the later of December 5, 2009, or the week ending four (4) weeks before the last week for which federal sharing is authorized by Section 2005(a) of Division B, Title II (the federal Assistance to Unemployed Workers and Struggling Families Act) of the federal American Recovery and Reinvestment Act of 2009 (P.L. 111-5). (e) There is a state "off" indicator for this state for a week if the commissioner determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding twelve (12) weeks, the requirements of subsection (c) have not been met. (f) With respect to compensation for weeks of unemployment beginning after March 1, 2011, and ending on the later of December 10, 2011, or the week ending four (4) weeks before the last week for which federal sharing is authorized by Section 2005(a) of Division B, Title II (the federal Assistance to Unemployed and Struggling Families Act) of the federal American Recovery and Reinvestment Act of 2009 (P.L. 111-5), in addition to the tests for a state "on" indicator under subsections (c) and (d), there is a state "on" indicator for a week if: (1) the average rate of insured unemployment for the period consisting of the week and the immediately preceding twelve (12) weeks equals or exceeds five percent (5%); and (2) the average rate of insured unemployment for the period consisting of the week and the immediately preceding twelve (12) weeks equals or exceeds one hundred twenty percent (120%) of the average rates of insured unemployment for the corresponding thirteen (13) week period ending in each of the preceding three (3) calendar years. (g) There is a state "off" indicator for a week based on the rate of insured unemployment only if the rate of insured unemployment for the period consisting of the week and the immediately preceding twelve (12) weeks does not result in an "on" indicator under subsection (c)(1). (h) With respect to compensation for weeks of unemployment beginning after March 1, 2011, and ending on the later of December 10, 2011, or the week ending four (4) weeks before the last week for which federal sharing is authorized by Section 2005(a) of Division B, Title II (the federal Assistance to Unemployed and Struggling Families Act) of the federal American Recovery and Reinvestment Act of 2009 (P.L. 111-5), in addition to the tests for a state "on" indicator under subsections (c) and (d), there is a state "on" indicator for a week if: (1) the average rate of total unemployment (seasonally adjusted), as determined by the United States Secretary of Labor, for the period consisting of the most recent three (3) months for which data for all states are published before the close of the week equals or exceeds six and one-half percent (6.5%); and (2) the average rate of total unemployment in Indiana (seasonally adjusted), as determined by the United States Secretary of Labor, for the three (3) month period referred to in subdivision (1) equals or exceeds one hundred ten percent (110%) of the average for any or all of the corresponding three (3) month periods ending in the three (3) preceding calendar years. (i) There is a state "off" indicator for a week based on the rate of total unemployment only if the rate of total unemployment for the period consisting of the most recent three (3) months for which data for all states are published before the close of the week does not result in an "on" indicator under subsection (d)(1). As added by P.L.200-2025, SEC.17.

Ind. Code § 22-4-14-7 Institutions of higher education and other educational institutions; service providers to or on behalf of educational institutions

Sec. 7. (a) Benefits based on service in employment defined in IC 22-4-8-2(i) and IC 22-4-8-2(j) shall be payable in the same amount, on the terms, and subject to the same conditions as compensation payable on the basis of other service subject to this article, unless otherwise specifically provided, subject to the following exceptions: (1) With respect to service performed in an instructional, research, or principal administrative capacity for an educational institution, benefits may not be paid based on the service for any week of unemployment commencing during the period between two (2) successive academic years, or terms, or during the period between two (2) regular but not successive terms, or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if the individual performs the services in the first of the academic years or terms and if there is a reasonable assurance that the individual will perform services in an instructional, research, or principal administrative capacity for any educational institution in the second of the academic years or terms. (2) With respect to services performed in any capacity (other than those listed in subdivision (1) of this section) for an educational institution, benefits may not be paid based on the service of an individual for any week which commences during a period between two (2) successive academic years or terms if the individual performs the service in the first of the academic years or terms and there is reasonable assurance that the individual will perform the service in the second of the academic years or terms. However, with respect to weeks of unemployment beginning on or after January 1, 1984, if compensation is denied to any individual under this subdivision and the individual was not offered an opportunity to perform such services for the educational institution for the second of the academic years or terms, the individual is entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this subdivision. (3) With respect to any services described in subdivision (1) or (2), compensation payable for these services shall be denied to any individual for any week which commences during an established and customary vacation period or holiday recess if there is reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess. (4) With respect to any services described in subdivisions (1) and (2), benefits shall not be payable on the basis of services in any such capacities as specified in subdivisions (1), (2), and (3), to any individual who performed such services in an educational institution while in the employ of an educational service agency. For purposes of this subdivision, the term "educational service agency" means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing such services to one (1) or more educational institutions. (5) For services to which 26 U.S.C. 3309(a)(1) applies, if the services are provided to or on behalf of an educational institution, compensation payable based on the services may be denied as specified in subdivisions (1), (2), (3), and (4). (b) For purposes of this section, benefits may not be denied during the period between academic years or terms to any individual having wage credits earned with other than an educational institution if the wage credits qualify the individual under section 5 of this chapter and the individual is otherwise eligible. In these cases, the claim shall be computed based on the wage credits earned with employers other than educational institutions reported for the individual during the base period, in accordance with IC 22-4-12-2 and IC 22-4-12-4. Benefits paid based on the computation shall be only for weeks of unemployment occurring between academic years or terms. For any weeks of unemployment claims other than between academic years or terms, the claims of these individuals shall be recomputed to include all base period wages. Formerly: Acts 1971, P.L.355, SEC.34. As amended by Acts 1977, P.L.262, SEC.22; Acts 1978, P.L.122, SEC.2; Acts 1979, P.L.229, SEC.3; P.L.227-1983, SEC.8; P.L.129-1984, SEC.2; P.L.2-2011, SEC.13.

Ind. Code § 22-4-14-8 Sports; period between seasons

Sec. 8. For weeks of unemployment occurring subsequent to December 31, 1977, benefits may not be paid to any individual on the basis of any service substantially all of which consists of participating in sports or athletic events or training or preparing to participate in these events for any week which commences during the period between two (2) successive sport seasons or similar periods, if the individual performed the services in the first of the seasons or similar periods and there is a reasonable assurance that the individual will perform the services in the second of the seasons or similar periods. Benefits may not be denied, however, for any week which commences during the period between two (2) successive sport seasons or similar periods if the individual has performed services in employment other than participating in sports or athletic events or training or preparing to participate in these events with wage credits earned in the other employment during his base period in sufficient amount to qualify under IC 22-4-14-5 and the individual is otherwise eligible. In these cases, the claim shall be computed based on the wage credits earned with employers other than those employing the individual in sports or athletic events reported for the individual during his base period and in accordance with IC 22-4-12-2 and IC 22-4-12-4. Benefits paid based on this computation shall be only for weeks of unemployment occurring between sport seasons or similar periods. For any weeks of unemployment claimed other than between sports seasons or similar periods, the claims of these individuals shall be recomputed to include all base period wages. As added by Acts 1977, P.L.262, SEC.23.

Ind. Code § 22-4-14-9 Aliens

Sec. 9. (a) As used in this section, "SAVE program" refers to the Systematic Alien Verification for Entitlements program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. (b) For weeks of unemployment occurring subsequent to December 31, 1977, benefits may not be paid on the basis of services performed by an alien unless the alien is an individual who has been lawfully admitted for permanent residence at the time the services are performed, is lawfully present for purposes of performing the services, or otherwise is permanently residing in the United States under color of law at the time the services are performed (including an alien who is lawfully present in the United States as a result of the application of the provisions of Section 207, Section 208, or Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1157 through 1158). (1) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. (2) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of the individual's alien status may be made except upon a preponderance of the evidence. (3) Any modifications to the provisions of Section 3304(a)(14) of the Federal Unemployment Tax Act, as provided by P.L.94-566, which specify other conditions or other effective date than stated in this section for the denial of benefits based on services performed by aliens and which are required to be implemented under state law as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, shall be considered applicable under this section. (c) If an individual who applies for benefits is not a citizen or national of the United States, the department shall verify the status of the individual as a qualified alien (as defined in 8 U.S.C. 1641) through the SAVE program to determine the individual's eligibility for benefits. The department shall implement this subsection in accordance with federal law. As added by Acts 1977, P.L.262, SEC.24. Amended by P.L.135-1990, SEC.3; P.L.171-2011, SEC.14.

Ind. Code § 22-4-14-11 Seasonal employment

Sec. 11. (a) For weeks of unemployment occurring after October 1, 1983, benefits may be paid to a claimant on the basis of service performed in seasonal employment (as defined in IC 22-4-8-4) only if the claim is filed within the operating period of the seasonal employment. If the claim is filed outside the operating period of the seasonal employment, benefits may be paid on the basis of nonseasonal wages only. (b) An employer shall file an application for a seasonal determination (as defined by IC 22-4-7-3) with the department. A seasonal determination shall be made by the department within ninety (90) days after the filing of such an application. Until a seasonal determination by the department has been made in accordance with this section, no employer or worker may be considered seasonal. (c) Any interested party may file an appeal to a determination regarding an approval or disapproval of an election to become a seasonal employer. The appeal must be filed within fifteen (15) days after the determination to obtain review in accordance with IC 22-4-32. (d) Whenever an employer is determined to be a seasonal employer, the following provisions apply: (1) The seasonal determination becomes effective the first day of the calendar quarter commencing after the date of the seasonal determination. (2) The seasonal determination does not affect any benefit rights of seasonal workers with respect to employment before the effective date of the seasonal determination. (e) If a seasonal employer, after the date of its seasonal determination, operates its business or its seasonal operation during a period or periods of twenty-six (26) weeks or more in a calendar year, the employer shall be determined by the department to have lost its seasonal status with respect to that business or operation effective at the end of the then current calendar quarter. The redetermination shall be reported in writing to the employer. (f) A seasonal employer shall give written notice to the department when the seasonal operation exceeds twenty-five (25) weeks in a calendar year, within thirty (30) days after completion of the twenty-sixth week of operation. The seasonal employer shall automatically lose its seasonal status for that portion of its operation at the end of the calendar quarter, and wages paid to individuals in that portion of the employer's operation will be useable as regular wages to establish claims. (g) An employer that loses seasonal status may apply for reinstatement in any calendar year after the year in which its designation as a seasonal employer was revoked. (h) Seasonal employers shall keep account of wages paid to seasonal workers within the seasonal period as determined by the department and shall report these wages in the form and manner prescribed by the department. (i) The department may adopt rules applicable to seasonal employers for determining their normal seasonal period or periods. As added by P.L.228-1983, SEC.4. Amended by P.L.18-1987, SEC.44; P.L.21-1995, SEC.82; P.L.171-2016, SEC.13; P.L.122-2019, SEC.28; P.L.121-2026, SEC.36.

Ind. Code § 22-4-14-12 Partial or part-total unemployment; eligibility

Sec. 12. (a) For purposes of this section, "normal customarily scheduled hours" means the hours to which the claimant has agreed to work. Any reduction in hours that regularly occurs as a matter of practice, policy, or procedure of which the claimant was aware and to which the claimant has agreed will not be considered partial or part-total unemployment. (b) For purposes of this section, "regular employer" means an employing unit for which the claimant has performed services in the last twenty-six (26) weeks, except as provided under federal law. (c) A claimant who applies for benefits due to partial or part-total unemployment is ineligible unless the claimant can show that the claimant is working less than the claimant's normal customarily scheduled hours for the claimant's regular employer. As added by P.L.121-2026, SEC.37.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/22Fetched: 10/17/2026

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