61-6-1. Requirements for eligibility for benefits during week. An unemployed individual is eligible to receive benefits with respect to any week only if the department finds that: (1)The individual has registered for work at and thereafter has continued to report at an employment office in accordance with rules promulgated by the department pursuant to chapter […]
61-6-13. Benefits denied to persons employed while incarcerated–Reemployment. An unemployed individual who was last employed, the employment being at least thirty calendar days in duration, while incarcerated in a custodial or penal institution, and terminated from the employment because of transfer or release from the institution, is denied benefits until the individual has been reemployed […]
61-6-14. Separation for misconduct–Additional claims during benefit year. An unemployed individual who was discharged or suspended from the individual’s most recent employment, the employment being at least thirty calendar days in duration for misconduct connected with the individual’s work shall be denied benefits until the individual has been reemployed at least six calendar weeks in […]
61-6-14.1. Misconduct defined. As used in this chapter, misconduct is: (1)Failure to obey orders, rules, or instructions, or failure to discharge the duties for which an individual was employed; or (2)Substantial disregard of the employer’s interests or of the employee’s duties and obligations to the employer; or (3)Conduct evincing such willful or wanton disregard of […]
61-6-15. Benefits not payable for unemployment due to labor dispute–Exceptions. An individual is not entitled to any benefits for any week with respect to which the secretary finds that the individual’s total or partial unemployment is due to a labor dispute at the factory, establishment, or other premises at which the individual is or was […]
61-6-16. Failure to seek or accept suitable employment. If the Department of Labor and Regulation finds that an unemployed individual has failed, without good cause, either to apply for available suitable work when so directed by the department or to accept suitable work when offered to the individual, the claimant shall be denied benefits, including […]
61-6-17. Factors considered in determining suitability of offered employment. In determining whether or not any work is suitable for an individual, the department shall consider the degree of risk involved to the individual’s health, safety, and morals, the individual’s physical fitness and prior training, the individual’s experience and prior earnings, the individual’s length of unemployment […]
61-6-19. Work deemed unsuitable due to labor dispute, unfavorable working conditions, or requirement as to union membership. Notwithstanding any other provisions of this title, no work is deemed suitable and no benefits may be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions: […]
61-6-2. Computation of weekly benefit amount. An individual’s weekly benefit amount is computed as follows: For each fiscal year, one twenty-sixth of the wages paid for insured work in the individual’s quarter of highest earnings in the individual’s base period, but not to exceed an amount equal to fifty percent of the average weekly wage […]
61-6-20. Student may not receive benefits. A person attending a high school, vocational school, college or university is considered principally occupied as a student if school attendance substantially reduces the opportunity for reemployment. A person who is principally occupied as a student may not receive reemployment assistance benefits. Source: SL 1983, ch 22, §19; SDCL […]
61-6-21. Benefits payable to individual in approved training program–Rules establishing conditions for approval of training. Notwithstanding any other provisions in this chapter, no otherwise eligible individual may be denied benefits for any week because the individual is in training with the approval of the department, nor may any such individual be denied benefits with respect […]
61-6-23. Benefits for individuals seeking only part-time work. No individual may be denied regular benefits based on availability for work pursuant to subdivision 61-6-1(3), actively seeking work pursuant to rules promulgated pursuant to §61-6-1, or refusal to accept work pursuant to §61-6-16, solely because the individual is seeking only part-time work, if the department determines […]
61-6-24. Benefits based on employment by state or instrumentalities or by religious, charitable, or educational organization–Exception. Benefits based on service in employment defined in §§61-1-13 and 61-1-15 shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to […]
61-6-25. Benefits not paid employees of educational institutions for services between successive academic years–Grounds for retroactive payments. With respect to services performed in any other capacity for an educational institution, no benefits may be paid to an individual on the basis of the individual’s services for any week that commences between two successive academic years […]
61-6-26. Benefits not paid for established vacation period or holiday recess preceded and followed by insured work. No benefits authorized by §61-6-24 or 61-6-25 may be paid to an individual for any week which commences during an established and customary vacation period or a holiday recess if the individual performed insured work in the period […]
61-6-28. Application of provisions as to periods between academic years, sabbatical leaves, and vacation and holiday periods to certain employment. The provisions of §§61-6-24 to 61-6-26, inclusive, apply to benefits based on service performed in an education institution while in the employ of an education service agency and to benefits based on service in employment […]
61-6-29. Employee working for an employer under contract with a public or private school. Benefits based upon services performed for an employer are subject to §§61-6-24 and 61-6-25 if: (1)The employment was provided pursuant to a contract between the employer and a public or private school; (2)The contract was for services which the public or […]
61-6-30. Benefits not paid for participation in sports or athletic events between successive seasons. No benefits may 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 […]
61-6-33. Federal school employees not disqualified. The exception in §§61-6-24 and 61-6-25 that disqualifies an individual because the individual performs services in an educational institution does not disqualify an individual who is in the employ of an elementary or secondary school operated by the federal government or an agency of the federal government. Source: SL […]
61-6-34. Benefits not paid to aliens–Exceptions–Determination of alien status. No benefits may be paid on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently […]
