(1) A claimant who is laid off from work by an employer is not disqualified from receiving benefits based solely on volunteering to be laid off from the claimant's employment if:

(a) the employer has a written workforce reduction plan or policy that allows an employee to volunteer to be laid off due to a lack of work;

(b) the layoff is due to a lack of work; and

(c) the employer identifies the claimant as an individual subject to the layoff.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-2101, 39-51-2104, 39-51-2303, 39-51-2304, MCA; NEW, 2001 MAR p. 2466, Eff. 12/23/01.