Idaho Code

Idaho Code § 72-1312 (2026)

Compensable week.

✓ current as of May 2026

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Compensable week.

"Compensable week" means a week of unemployment, all of which occurred within the benefit year, for which an eligible claimant is entitled to benefits and during which:

(1) The claimant had either no work or less than full-time work; and

(2) No benefits have been paid to the claimant; and

(3) The claimant complied with all of the personal eligibility conditions of section 72-1366, Idaho Code; and

(4) The total wages payable to the claimant for less than full-time work performed in such week amounted to less than one and one-half (1 1/2) times his weekly benefit amount; provided however, that any benefits which a claimant receives for any week shall be reduced by:

(a) An amount equal to the amount received as pension, retirement pay, annuity, or any other similar payment which is based on the previous work of such individual which is reasonably attributable to such week, if the payment is made under a plan maintained or contributed to by the base period employer and the claimant has made no contributions to the plan;

(b) An amount equal to temporary disability benefits received under a worker’s compensation law of any state or under a similar law of the United States; and

(5) All of which occurred after a waiting week as defined in section 72-1329, Idaho Code.

Notes of Decisions

Cited in 21 cases, 1957–2020 · leading case: Smith v. Dep't of Emp., 602 P.2d 18 (Idaho 1979).

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Smith v. Dep't of Emp., 602 P.2d 18 (Idaho 1979). · cites it 14× “The Department of Employment denied unemployment compensation benefits for the weeks during which she attended these early morning classes upon the authority of I.C. § 72-1312(a). That statute provides the following: “[N]o person shall be deemed to be unemployed while he is…”

Idaho Dep't of Emp. v. Smith, 434 U.S. 100 (1977). · cites it 6× “Idaho Code § 72-1312 (a) (1973) states that "no person shall be deemed to be unemployed while he is attending a regular established school excluding night school .”

Kerr v. Dep't of Emp., 545 P.2d 473 (Idaho 1976). · cites it 10× “Thus, the distinction drawn by I.C. § 72-1312 (a) violates the Fourteenth Amendment and the Industrial Commission’s conclusions of law denying Kerr benefits upon the authority of I.”

Bell v. Idaho Dep't of Labor, 339 P.3d 1148 (Idaho 2014). · cites it 3× “Idaho Code section 72-1312(1) conditions the availability of benefits for a particular week on the claimant working less than full-time during that week.”

Hatch v. Emp. Sec. Agency, 313 P.2d 1067 (Idaho 1957). · cites it 8× “The only definition of "unemployment" contained in the employment security law, is that contained in § 72-1312, I.C., defining "compensable week" as follows: "(a) A week of unemployment with respect to which an eligible benefit *1069 claimant shall be entitled to benefits shall…”

Knight v. Emp. Sec. Agency, 398 P.2d 643 (Idaho 1965). · cites it 8× “Each of said statutes (I.C. § 72-1312, I.C. § 72-1367) was amended by Chapter 298, of the 1961 Session Laws by adding the following quoted language: “provided, however, that for the purpose of this section all payments received by a benefit claimant for his retirement under the…”

Swanson v. Emp. Sec. Agency, 342 P.2d 714 (Idaho 1959). · cites it 12× “Spackman, supra, has interpreted the word “deem” as creating a conclusive presumption, the connotation of I.C. § 72-1312 (a) is that no person shall be accounted, or esteemed, or thought to be, or judged to be, or held in opinion to be, or shall be regarded as unemployed while…”

Burnside v. Gate City Steel Corp., 739 P.2d 339 (Idaho 1987). · cites it 4× “That this is not a novel idea is demonstrated by the fact that the Department's Eligibility Redetermination Form prints I.C. § 72-1312 and I.C. § 72-1366 in their entirety on the back of the form.”

Smith v. State, 691 P.2d 1240 (Idaho 1984). · cites it 6× “Smith’s eligibility for benefits, the week of January 16,1982, was not a “compensable week” within the meaning of I.C. § 72-1312. During the time Mr. Smith was receiving unemployment compensation benefits he was employed part-time as an electronics technician at a radio station.”

Mason v. Donnelly Club, 21 P.3d 903 (Idaho 2001). · cites it 2× “See, I.C. § 72-1312. In addition, the time period in McCammon , from which the rule is based, was a two-week notice of termination.”

Davenport v. State, Dept. of Emp., 650 P.2d 634 (Idaho 1982). · cites it 4× “The Department of Employment evidently concedes that in a case of this nature: "[T]he language of I.C. § 72-1312(a) permits receipt of benefits by an otherwise eligible claimant whose enrollment in school does not affect the claimant's availability for suitable full time…”

Smith v. Dep't of Emp., 557 P.2d 637 (Idaho 1976). · cites it 4× “The Department argues that I.C. § 72-1312(a) makes Smith ineligible for unemployment compensation benefits because it provides the following: “[N]o person shall be deemed to be unemployed while he is attending a regular established school excluding night school However, in Kerr…”

Show all 21 citing cases →

— Idaho Code § 72-1312(1) — 1 case

Bell v. Idaho Dep't of Labor, 339 P.3d 1148 (Idaho 2014). “Idaho Code section 72-1312(1) conditions the availability of benefits for a particular week on the claimant working less than full-time during that week.”

— Idaho Code § 72-1312(4) — 1 case

— Idaho Code § 72-1312(a) — 7 cases

Smith v. Dep't of Emp., 602 P.2d 18 (Idaho 1979). “The Department of Employment denied unemployment compensation benefits for the weeks during which she attended these early morning classes upon the authority of I.C. § 72-1312(a). That statute provides the following: “[N]o person shall be deemed to be unemployed while he is…”

Kerr v. Dep't of Emp., 545 P.2d 473 (Idaho 1976). “Thus, the distinction drawn by I.C. § 72-1312 (a) violates the Fourteenth Amendment and the Industrial Commission’s conclusions of law denying Kerr benefits upon the authority of I.”

Swanson v. Emp. Sec. Agency, 342 P.2d 714 (Idaho 1959). “Spackman, supra, has interpreted the word “deem” as creating a conclusive presumption, the connotation of I.C. § 72-1312 (a) is that no person shall be accounted, or esteemed, or thought to be, or judged to be, or held in opinion to be, or shall be regarded as unemployed while…”

Davenport v. State, Dept. of Emp., 650 P.2d 634 (Idaho 1982). “The Department of Employment evidently concedes that in a case of this nature: "[T]he language of I.C. § 72-1312(a) permits receipt of benefits by an otherwise eligible claimant whose enrollment in school does not affect the claimant's availability for suitable full time…”

Smith v. Dep't of Emp., 557 P.2d 637 (Idaho 1976). “The Department argues that I.C. § 72-1312(a) makes Smith ineligible for unemployment compensation benefits because it provides the following: “[N]o person shall be deemed to be unemployed while he is attending a regular established school excluding night school However, in Kerr…”

— Idaho Code § 72-1312(b) — 1 case

Knight v. Emp. Sec. Agency, 398 P.2d 643 (Idaho 1965). “Each of said statutes (I.C. § 72-1312, I.C. § 72-1367) was amended by Chapter 298, of the 1961 Session Laws by adding the following quoted language: “provided, however, that for the purpose of this section all payments received by a benefit claimant for his retirement under the…”

— Idaho Code § 72-1312(b)(4) — 1 case

Howard v. Dep't of Emp., 597 P.2d 37 (Idaho 1979).

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