NAC612.090. Determination of period of unemployment.

     1. Except as otherwise provided in this section:

     (a) A person is totally unemployed in any week during which the person performs no services with respect to which remuneration is payable to him or her.

     (b) A person is part-totally unemployed in any week of less than full-time work if the remuneration payable to him or her with respect to that week is less than the person’s weekly benefit amount.

     (c) A person is partially unemployed in any week in which the person has:

          (1) Performed services for his or her regular employer;

          (2) Not been separated from employment with his or her regular employer;

          (3) Earned less than his or her weekly benefit amount; or

          (4) Worked less than his or her customary full-time hours for his or her regular employer because of lack of full-time work.

     2. A person who is on a mutually agreed leave of absence from work with a right to return to his or her employment in a specified or nonspecified period and who will be reinstated at his or her previous or a higher salary and with substantially equal benefits and seniority is not considered unemployed for the purpose of the receipt of benefits.

     3. A person working solely for commission is not considered totally, part-totally or partially unemployed in any week during which he or she works 30 or more hours.

     [Employm’t Security Dep’t, No. 21 § 2, eff. 4-1-57]—(NAC A 6-3-85; A by Employm’t Security Div. by R199-05, 2-23-2006)