(1) Following a worker's notice of intent to leave work, the department shall impute the reason for the separation in the following manner.

(a) If a worker's notice of intent to leave work is valid, the department shall consider the worker to have left work voluntarily as of the date identified by the valid notice.

(i) If the employer requires the worker to leave work prior to the worker's intended last day, the worker may qualify for benefits of limited duration, not to exceed four weeks.

(ii) The benefits of limited duration terminate on the date identified in the worker's valid notice, unless the worker shows good cause for leaving work, pursuant to 39-51-2302, MCA.

(iii) Benefits of limited duration occurring at the beginning of a claim will be charged against an employer's account if the employer is a base period employer.

(iv) Benefits of limited duration will not be granted if the employer ended the employment relationship prior to the worker's intended last day due to misconduct committed by the worker after notice was given.

(b) If a worker attempts to retract a valid notice of intent to leave work and the employer does not accept the retraction, the department shall consider the worker to have voluntarily left work.

(c) If a worker's notice of intent to leave work was not valid, the department shall consider the worker to have been discharged by the employer.

(2) Following an employer's notice of intent to terminate a worker, the department shall impute the reason for the separation in the following manner:

(a) when an employer's notice of termination is valid, the department shall consider the worker to have been discharged, regardless of whether the worker left work voluntarily prior to the intended date of termination;

(b) when an employer attempts to retract a valid notice of termination and the worker does not accept the retraction, the department shall consider the worker to have been discharged; or

(c) when an employer's notice of termination is not valid and the worker left solely in response to the invalid notice, the department shall consider the worker to have left work voluntarily.

(3) The department shall consider a worker to have constructively quit employment in the following circumstances:

(a) when an employer discharges a worker for an act or omission that made it impracticable for the employer to utilize the worker's services and the worker knew or should have known that the act or omission would jeopardize the worker's job and likely result in discharge; or

(b) when a worker fails to meet specified conditions of employment, which may include but are not limited to:

(i) failure to meet license or permit requirements for employment; or

(ii) failure to maintain insurability.

(4) When a worker and an employer agree to temporary employment, the department shall consider the worker to have been laid off due to lack of work when:

(a) the worker completes the assigned work;

(b) a previously agreed upon verbal or written contract ends;

(c) the employer no longer has the same work available to the worker; or

(d) the worker has been hired by a client company of the employer as a result of a verbal or written employment agreement.