Ohio Revised Code|Section 4141.33 | Seasonal employment.

                                                
(A) As used in this section: 
(1) "Reasonable assurance" means a written, verbal, or  implied agreement that the individual will perform services in the  same or similar capacity during the ensuing sports season or  seasonal period.
(2) "Seasonal employment" means employment of individuals  hired primarily to perform services in an industry which because  of climatic conditions or because of the seasonal nature of such  industry it is customary to operate only during regularly  recurring periods of forty weeks or less in any consecutive  fifty-two weeks.
(3) "Seasonal employer" means an employer determined by the  director of job and family services to be an employer whose  operations and business, with the exception of certain  administrative and maintenance operations, are substantially all  in a seasonal industry.
(4) "Significantly" means forty per cent or more of an  individual's base period consists of services performed in  seasonal employment.
(B) Any employer who claims to have seasonal employment in a  seasonal industry may file with the director a written application  for classification of such employment as seasonal. Whenever in any  industry it is customary to operate because of climatic conditions  or because of the seasonal nature of such industry only during  regularly recurring periods of forty weeks or less duration,  benefits shall be payable only during the longest seasonal periods  which the best practice of such industry will reasonably permit.  The director shall determine, after investigation, hearing, and  due notice, whether the industry is seasonal and, if seasonal,  establish seasonal periods for such seasonal employer. Until such  determination by the director, no industry or employment shall be  deemed seasonal.
(C) When the director has determined such seasonal periods,  the director shall also establish the proportionate number of  weeks of employment and earnings required to qualify for seasonal  benefit rights in place of the weeks of employment and earnings  requirement stipulated in division (R) of section 4141.01 and  section 4141.30 of the Revised Code, and the proportionate number  of weeks for which seasonal benefits may be paid. An individual  whose base period employment consists of only seasonal employment  for a single seasonal employer and who meets the employment and  earnings requirements determined by the director pursuant to this  division will have benefit rights determined in accordance with  this division, except benefits shall not be paid for any week  between two successive seasonal periods. Benefit charges for such  seasonal employment shall be computed and charged in accordance  with division (D) of section 4141.24 of the Revised Code. The  director may adopt rules for implementation of this section.
(D) An individual whose base period employment consists of  either seasonal employment with two or more seasonal employers or  both seasonal employment and nonseasonal employment with employers  subject to this chapter, will have benefit rights determined in  accordance with division (R) of section 4141.01 and section  4141.30 of the Revised Code. Benefit charges for both seasonal and  nonseasonal employment shall be computed and charged in accordance  with division (D) of section 4141.24 of the Revised Code. The  total seasonal and nonseasonal benefits during a benefit year  cannot exceed twenty-six times the weekly benefit amount.  Effective October 30, 2011, an individual who performs services  that significantly consist of services performed in seasonal  employment shall not be paid benefits for those services for any  week in the period between two successive seasonal periods if the  individual performed those services in the first of the seasonal  periods and there is reasonable assurance that the individual will  perform those services in the later of the seasonal periods. The  director shall adopt rules for the implementation of this  division.
(E) Benefits shall not be paid to any individual on the basis  of any services, substantially all of which consist of  participating in sports or athletic events or training or  preparing to so participate, for any week which commences during  the period between two successive sport seasons, or similar  periods, if the individual performed services in the first of the  seasons, or similar periods, and there is a reasonable assurance  that the individual will perform services in the later of the  seasons, or similar periods.
(F) The director shall adopt rules concerning the eligibility  for benefits of individuals under divisions (D) and (E) of this  section.