UU 400.2 On-call or Variable Hours

Click on the case numbers below to access cases where the Board considers whether a claimant working on-call or variable hours each week is eligible for partial unemployment benefits.


BR-113830 (Mar. 16, 2011) — An employee, who was hired to work full time and whose employer then reduces his hours to part-time on-call, is in partial unemployment.  The Mattapoisett doctrine does not disqualify a claimant under these circumstances.


BR-110825 (Aug. 6, 2010) — A claimant hired as a part-time, on-call employee, whose hours vary from 25 to 38 per week was ineligible for benefits under the Mattapoisett exclusion.  He was not in unemployment under G.L. c. 151A, §§ 1(r)(1) and 29(a), as nothing in his employment relationship had changed and he continued to work under the same terms.


BR-111378 (May 21, 2010) — On-call, part-time benefit year employment did not disqualify the claimant from receiving partial unemployment benefits.  He was entitled to those benefits as a result of his full-time base period job, from which he was laid off.


BR-109764 (Jan. 21, 2010) — A claimant who is treated as a full-time employee cannot be considered an on-call worker subject to the Mattapoisett exclusion, even though he works variable hours.  Claimant is entitled to partial benefits when the employer offers less than full-time hours.


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