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Louisiana Revised Statutes Tit. 23, § 1595. Duration of benefits

Current as of January 01, 2023 | Updated by Findlaw Staff

A. Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits up to twenty times his weekly benefit amount as determined pursuant to R.S. 23:1592, provided that such total amount of benefits, if not a multiple of one dollar, shall be computed to the nearest multiple of one dollar. No claimant shall receive a benefit check for any week beyond the number of weeks computed on his initial claim unless that claimant is participating in a program providing partial unemployment as set forth in R.S. 23:1472(19)(a) or has been paid wages for part-time or full-time work. Further, if a base period employer has provided severance pay, which when prorated weekly is an amount which equals or exceeds the claimant's weekly benefit amount, the claimant's benefit entitlement computed pursuant to the provisions of this Subsection shall be reduced by one week for each week of severance pay, provided that no claimant's entitlement shall be reduced to less than one week.

B. (1) The maximum number of weekly benefits that a claimant may be eligible for in a benefit year shall depend on the average of the three most recently published state seasonally adjusted unemployment rates preceding the month in which the claimant files his first claim for benefits.

(2) For all valid unemployment compensation claims submitted, the maximum duration of benefits available to a claimant shall be based upon the average unemployment rate as determined by the administrator according to the following formula:

(a) When the average unemployment rate is five percent or less, the maximum duration of benefits shall be limited to twelve weeks.

(b) When the average unemployment rate is greater than five percent but less than five and one-half percent, the maximum duration of benefits shall be limited to thirteen weeks.

(c) When the average unemployment rate is equal to or greater than five and one-half percent but less than six percent, the maximum duration of benefits shall be limited to fourteen weeks.

(d) When the average unemployment rate is equal to or greater than six percent but less than six and one-half percent, the maximum duration of benefits shall be limited to fifteen weeks.

(e) When the average unemployment rate is equal to or greater than six and one-half percent but less than seven percent, the maximum duration of benefits shall be limited to sixteen weeks.

(f) When the average unemployment rate is equal to or greater than seven percent but less than seven and one-half percent, the maximum duration of benefits shall be limited to seventeen weeks.

(g) When the average unemployment rate is equal to or greater than seven and one-half percent but less than eight percent, the maximum duration of benefits shall be limited to eighteen weeks.

(h) When the average unemployment rate is equal to or greater than eight percent but less than eight and one-half percent, the maximum duration of benefits shall be limited to nineteen weeks.

(i) When the average unemployment rate is equal to or greater than eight and one-half percent, the maximum duration of benefits shall be limited to twenty weeks.

C. On a biannual basis, Louisiana Works shall publish on its website the maximum number of weekly benefits that a claimant may be eligible for in a benefit year, provided for in Subsection B of this Section, for a claimant who has filed an initial claim for unemployment benefits in any week in that month.

D. For the purposes of this Section, “wages” shall be counted as “wages for insured work” for the benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the date on which the employing unit by whom the wages were paid became an employer within the meaning of this Chapter.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 23, § 1595. Duration of benefits - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-23-sect-1595/

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