Section 207. Disability while unemployed  


Latest version.
  • 1.  Employees  entitled  to
      unemployment insurance benefits.  An employee whose  employment  with  a
      covered  employer  is terminated and who during a period of unemployment
      within  twenty-six  weeks  immediately  following  such  termination  of
      employment  shall become ineligible for benefits currently being claimed
      under the  unemployment  insurance  law  solely  because  of  disability
      commencing  after June thirtieth, nineteen hundred fifty, and who on the
      day  such  disability  commences  is  not  employed   or   working   for
      remuneration  or  profit and is not then otherwise eligible for benefits
      under this article, shall be entitled to receive disability benefits  as
      herein provided for each week of such disability for which week he would
      have  received  unemployment  insurance  benefits  if  he  were  not  so
      disabled.   The weekly  benefit  of  such  disabled  employee  shall  be
      computed  in  the  same manner as provided in subdivision two of section
      two hundred four, and the benefits he is entitled to  receive  shall  be
      subject  to  the  limitations  as  to  maximum  and  minimum amounts and
      duration and other conditions and limitations prescribed in sections two
      hundred four, two hundred five and two hundred six.
        2. Employees not eligible  for  unemployment  insurance  benefits.  An
      employee  whose employment with a covered employer is terminated and who
      was in employment of one or more covered employers and was paid wages of
      at least thirteen dollars in such employment in each of twenty  calendar
      weeks during the thirty calendar weeks immediately preceding the date he
      last  worked  for  such  covered  employer,  and  who during a period of
      unemployment  within  twenty-six  weeks   immediately   following   such
      termination  of  employment  is  not  eligible  to  benefits  under  the
      unemployment insurance law because of lack of qualifying wages  but  who
      during  unemployment has evidenced his continued attachment to the labor
      market, shall be eligible for benefits  under  the  provisions  of  this
      subdivision  for  disability  commencing  after June thirtieth, nineteen
      hundred fifty. If such employee becomes disabled  and  continues  to  be
      disabled for at least eight consecutive days during such twenty-six week
      period  and  on  the day such disability commences he is not employed or
      working for remuneration or profit and is not  then  otherwise  eligible
      for  benefits  under  this  article,  he  shall  be  entitled to receive
      disability benefits, as  herein  provided,  beginning  with  the  eighth
      consecutive  day  of  such  disability, for each week of such disability
      thereafter. The weekly  benefit  of  such  disabled  employee  shall  be
      computed  in  the  same manner as provided in subdivision two of section
      two hundred four, and the benefits he is entitled to  receive  shall  be
      subject  to  the  limitations  as  to  maximum  and  minimum amounts and
      duration and other conditions and limitations prescribed in sections two
      hundred four, two hundred five and two hundred six.
        3. Payment of benefits. The benefits payable under this section  shall
      be  subject  to  the  provisions and limitations generally applicable to
      disability benefits payable under this article, and shall be paid by the
      chairman out of any assets in the fund created by  section  two  hundred
      fourteen.  The  chairman may require an employee claiming benefits under
      this section to file proofs of disability  and  of  his  employment  and
      wages, and other proofs reasonably necessary for the chairman to make in
      the  first  instance the determination of eligibility and benefit rights
      under this section; and may require his employer or his former  employer
      or  employers  to  file  reports  of  employment  and  wages  and  other
      information reasonably necessary for such  determination.  The  chairman
      may   make  administrative  regulations  for  such  determinations.  The
      chairman may also by  regulation  establish  reasonable  procedures  for
      determining pro rata benefits payable with respect to disability periods
      of less than one week. Any employee claiming benefits under this section
    
      whose  claim  is  rejected in whole or in part by the chairman, shall be
      entitled to request a review by the board and shall have all the  rights
      with respect to contested claims provided in this article.
        4.  Qualification  notwithstanding  casual  non-covered employment. An
      employment of not more than four weeks with a  non-covered  employer  or
      employers  occurring  within  such  twenty-six  weeks  period  shall not
      disqualify  an  employee  from  benefits  provided  such  employee   was
      otherwise  eligible  to  receive benefits under this section at the time
      such employment for a non-covered employer commenced.