TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 8. Employment Security, 34-8-1 through 34-8-280.

ARTICLE 2 DEFINITIONS

34-8-43. Most recent employer.

1. As used in this chapter and except as otherwise provided in subsection (b) of this Code section, the term "most recent employer" means, for claims with benefit years that begin on or after July 1, 2015, the last employer for whom an individual worked.
2. As used in this chapter and except as otherwise provided in subsection (a) of this Code section, the term "most recent employer" means, for claims with benefit years that begin on or before June 30, 2015, the last liable employer for whom an individual worked and:
   1. The individual was separated from work for a disqualifying reason;
   2. The individual was released or separated from work under nondisqualifying conditions and earned wages of at least ten times the weekly benefit amount of the claim; or
   3. The employer files the claim for the individual by submitting such reports as authorized by the Commissioner.
3. Where no employer in subsection (b) of this Code section meets the definition of most recent employer from the beginning of the base period to the date the claim is filed, the last liable employer for whom the individual worked shall be considered as the most recent employer for determining eligibility for benefits.
4. Where periods of employment with the same liable employer fail, independently, to meet the definition of most recent employer in subsection (a) or (b) of this Code section, such periods of employment may be used cumulatively to determine the most recent employer and eligibility for benefits shall be determined by the reason for separation from the last employment with such employer.

(Code 1981, §34-8-43, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 2015, p. 830, § 1/HB 117.)

The 2015 amendment, effective May 6, 2015, added subsection (a); redesignated former subsection (a) as present subsection (b); inserted ", for claims with benefit years that begin on or before June 30, 2015," in the middle of present subsection (b); deleted former subsection (b), which read: "(b) As used in this chapter, the term 'most recent employer' means, for claims with benefit years that begin on or before December 31, 1991, the last liable employer for whom an individual worked and:

"(1) From whom the individual was separated from work for a disqualifying reason; or

"(2) From whom the individual was released or separated from work under nondisqualifying conditions and earned wages equal to the lesser of $500.00 or eight times the weekly benefit amount of the claim."; and deleted "(a) or" following "subsection" near the beginning of subsection (c).