§ 28b

If an employee, who is a corporate officer, partner or owner of an employing unit, or is a person who has more than a 5 per cent equitable or debt interest in an employing unit or is an immediate family member of such individual, receives an unemployment benefit pursuant to this chapter and, during the same benefit year, resumes or returns to work for the same employing unit, then the department may determine that the employee's unemployment was due to circumstances within the employee's control and may seek repayment of any overpaid benefits.