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Code of Federal Regulations Pertaining to ETA |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Extended Benefits In the Federal-State Unemployment Compensation Program |
20 CFR 615.8 - Provisions of State law applicable to claims.
- Section Number: 615.8
- Section Name: Provisions of State law applicable to claims.
(a) Particular provisions applicable. Except where the result would
be inconsistent with the provisions of the Act or this part, the terms
and conditions of the applicable State law which apply to claims for,
and the payment of, regular compensation shall apply to claims for, and
the payment of, Extended Benefits. The provisions of the applicable
State law which shall apply to claims for, and the payment of, Extended
Benefits include, but are not limited to:
(1) Claim filing and reporting;
(2) Information to individuals, as appropriate;
(3) Notices to individuals and employers, as appropriate;
(4) Determinations, redeterminations, and appeal and review;
(5) Ability to work and availability for work, except as provided
otherwise in this section;
(6) Disqualifications, including disqualifying income provisions,
except as provided by paragraph (c) of this section;
(7) Overpayments, and the recovery thereof;
(8) Administrative and criminal penalties;
(9) The Interstate Benefit Payment Plan;
(10) The Interstate Arrangement for Combining Employment and Wages,
in accordance with part 616 of this chapter.
(b) Provisions not to be applicable. The State law and regulations
shall specify those of its terms and conditions which shall not be
applicable to claims for, or payment of, Extended Benefits. Among such
terms and conditions shall be at least those relating to--
(1) Any waiting period;
(2) Monetary or other qualifying requirements, except as provided in
Sec. 615.4(b); and
(3) Computation of weekly and total regular compensation.
(c) Terminating disqualifications. A disqualification in a State
law, as to any individual who voluntarily left work, was suspended or
discharged for misconduct, gross misconduct or the commission or
conviction of a crime, or refused an offer of or a referral to work, as
provided in sections 202(a) (4) and (6) of the Act--
(1) As applied to regular benefits which are not sharable, is not
subject to any limitation in sections 202(a) (4) and (6);
(2) As applied to eligibility for Extended Benefits, shall require
that the individual be employed again subsequent to the date of the
disqualification before it may be terminated, even though it may have
been terminated on other grounds for regular benefits which are not
sharable; and if the State law does not also apply this provision to the
payment of what would otherwise be sharable regular benefits, the State
will not be entitled to a payment under the Act and Sec. 615.14 in
regard to such regular compensation; and
(3) Will not apply in regard to eligibility for Extended Benefits in
a subsequent eligibility period.
(d) Classification and determination of job prospects. (1) As to
each individual who files an initial claim for Extended Benefits (or
sharable regular compensation), the State agency shall classify the
individual's prospects for obtaining work in his/her customary
occupation within a reasonably short period, as ``good'' or ``not
good,'' and shall promptly (not later than the end of the week in which
the initial claim is filed) notify the individual in writing
of such classification and of the requirements applicable to the
individual under the provisions of the applicable State law
corresponding to section 202(a)(3) of the Act and this part. Such
requirements shall be applicable beginning with the week following the
week in which the individual is furnished such written notice.
(2) If an individual is thus classified as having good prospects,
but those prospects are not realized by the close of the period the
State law specifies as a reasonably short period, the individual's
prospects will be automatically reclassified as ``not good'' or
classified as ``good'' or ``not good'' depending on the individual's job
prospects as of that date.
(3) Whenever, as part of a determination of an individual's
eligibility for benefits, an issue arises concerning the individual's
failure to apply for or accept an offer of work (sections
202(a)(3)(A)(i) and (F) of the Act and paragraphs (e) and (f) of this
section), or to actively engage in seeking work (sections
202(a)(3)(A)(ii) and (E) of the Act and paragraph (g) of this section),
a written appealable determination shall be made which includes a
finding as to the individual's job prospects at the time the issue
arose. The reasons for allowing or denying benefits in the written
notice of determination shall explain how the individual's job prospects
relate to the decision to allow or deny benefits.
(4) If an individual's job prospects are determined in accordance
with the preceding paragraph (3) to be ``good,'' the suitability of work
will be determined under the standard State law provisions applicable to
claimants for regular compensation which is not sharable; and if
determined to be ``not good,'' the suitability of work will be
determined under the definition of suitable work in the State law
provisions corresponding to sections 202(a)(3) (C) and (D) of the Act
and this part. Any determination or classification of an individual's
job prospects is mutually exclusive, and only one suitable work
definition shall be applied to a claimant as to any failure to accept or
apply for work or seek work with respect to any week.
(e) Requirement of referral to work. (1) The State law shall
provide, as required by section 202(a)(3)(F) of the Act and this part,
that the State agency shall refer every claimant for Extended Benefits
to work which is ``suitable work'' as provided in paragraph (d)(4) of
this section, beginning with the week following the week in which the
individual is furnished a written notice of classification of job
prospects as required by paragraphs (d)(1) and (h) of this section.
(2) To make such referrals, the State agency shall assure that each
Extended Benefit claimant is registered for work and continues to be
considered for referral to job openings as long as he/she continues to
claim benefits.
(3) In referring claimants to available job openings, the State
agency shall apply to Extended Benefit claimants the same priorities,
policies, and judgments as it does to other applicants, except that it
shall not restrict referrals only to work at higher skill levels, prior
rates of pay, customary work, or preferences as to work or pay for
individuals whose prospects of obtaining work in their customary
occupations have been classified as or determined to be ``not good.''
(4) For referral purposes, any work which does not exceed the
individual's capabilities shall be considered suitable work for an
Extended Benefit claimant whose job prospects have been classified as or
determined to be ``not good'', except as modified by this paragraph (e).
(5) For Extended Benefit claimants whose prospects of obtaining work
in their customary occupations have been classified as or determined to
be ``not good'', work shall not be suitable, and referral to a job shall
not be made, if--
(i) The gross average weekly remuneration for the work for any week
does not exceed the sum of the individual's weekly benefit amount plus
any supplemental unemployment benefits (SUB) (as defined in section
501(c)(17)(D) of the Internal Revenue Code of 1986) payable to the
individual,
(ii) The work is not offered in writing or is not listed with the
State employment service,
(iii) The work pays less than the higher of the minimum wage set in
section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard
to any exemption, or any applicable State or local minimum wage, or
(iv) Failure to accept or apply for the work would not result in a
denial of compensation under the provisions of the applicable State law
as defined in Sec. 615.2(o)(7).
(6) In addition, if the State agency classifies or determines that
an individual's prospects for obtaining work in his/her customary
occupation within a reasonably short period are ``good,'' referral shall
not be made to a job if such referral would not be made under the State
law provisions applicable to claimants for regular benefits which are
not sharable, and such referrals shall be limited to work which the
individual is required to make a ``systematic and sustained effort'' to
search for as defined in Sec. 615.2(o)(8).
(7) For the purposes of the foregoing paragraphs of this paragraph
(e), State law applies regarding whether members of labor organizations
shall be referred to nonunion work in their customary occupations.
(8) If the State law does not also apply this paragraph (e) to
individuals who claim what would otherwise be sharable regular
compensation, the State will not be entitled to payment under the Act
and Sec. 615.14 in regard to such regular compensation.
(f) Refusal of work. (1) The State law shall provide, as required by
section 202(a)(3)(A)(i) of the Act and this part, that if an individual
who claims Extended Benefits fails to accept an offer of work or fails
to apply for work to which he/she was referred by the State agency--
(i) If the individual's prospects for obtaining work in his/her
customary occupation within a reasonably short period are determined to
be ``good,'' the State agency shall determine whether the work is
suitable under the standard State law provisions which apply to
claimants for regular compensation which is not sharable, and if
determined to be suitable the individual shall be ineligible for
Extended Benefits for the week in which the individual fails to apply
for or accept an offer of suitable work and thereafter until the
individual is employed in at least four weeks with wages from such
employment totalling not less than four times the individual's weekly
benefit amount, as provided by the applicable State law; or
(ii) If the individual's prospects for obtaining work in his/her
customary occupation are determined to be ``not good,'' the State agency
shall determine whether the work is suitable under the applicable State
law provisions corresponding to sections 202(a)(3) (C) and (D) of the
Act and paragraphs (e)(5) and (f)(2) of this section, and if determined
to be suitable the individual shall be ineligible for Extended Benefits
for the week in which the individual fails to apply for or accept an
offer of suitable work and thereafter until the individual is employed
in at least four weeks with wages from such employment totalling not
less than four times the individual's weekly benefit amount, as provided
by the applicable State law.
(2) For an individual whose prospects of obtaining work in his/her
customary occupation within the period specified by State law are
classified or determined to be ``not good,'' the term ``suitable work''
shall mean any work which is within the individual's capabilities,
except that work shall not be suitable if--
(i) The gross average weekly remuneration for the work for any week
does not exceed the sum of the individual's weekly benefit amount plus
any supplemental unemployment benefits (SUB) (as defined in section
501(c)(17)(D) of the Internal Revenue Code of 1986) payable to the
individual,
(ii) The work is not offered in writing or is not listed with the
State employment service, or
(iii) The work pays less than the higher of the minimum wage set in
section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard
to any exemption, or any applicable State or local minimum wage,
(iv) Failure to accept or apply for the work would not result in a
denial of compensation under the provisions of the applicable State law
as defined in Sec. 615.2(o)(7).
(3) For the purposes of the foregoing paragraphs of this paragraph
(f), State law applies regarding whether members of labor organizations
shall be referred to nonunion work in their customary occupations.
(4) If the State law does not also apply this paragraph (f) to
individuals who claim what would otherwise be sharable regular
compensation, the State will not be entitled to payment under the Act
and Sec. 615.14 in regard to such regular compensation.
(g) Actively seeking work. (1) The State law shall provide, as
required by sections 202(a)(3) (A)(ii) and (E) of the Act and this part,
that an individual who claims Extended Benefits shall be required to
make a systematic and sustained effort (as defined in Sec. 615.2(o)(8))
to search for work which is ``suitable work'' as provided in paragraph
(d)(4) of this section, throughout each week beginning with the week
following the week in which the individual is furnished a written notice
of classification of job prospects as required by paragraphs (d)(1) and
(h) of this section, and to furnish to the State agency with each claim
tangible evidence of such efforts.
(2) If the individual fails to thus search for work, or to furnish
tangible evidence of such efforts, he/she shall be ineligible for
Extended Benefits for the week in which the failure occurred and
thereafter until the individual is employed in at least four weeks with
wages from such employment totalling not less than four times the
individual's weekly benefit amount, as provided by the applicable State
law.
(3)(i) A State law may provide that eligibility for Extended
Benefits be determined under the applicable provisions of State law for
regular compensation which is not sharable, without regard to the active
search provisions otherwise applicable in paragraph (g)(1) of this
section, for any individual who fails to engage in a systematic and
sustained search for work throughout any week because such individual
is--
(A) Serving on jury duty, or
(B) Hospitalized for treatment of an emergency or life-threatening
condition.
(ii) The conditions in (i) (A) and (B) must be applied to
individuals filing claims for Extended Benefits in the same manner as
applied to individuals filing claims for regular compensation which is
not sharable compensation.
(4) For the purposes of the foregoing paragraphs of this paragraph
(g), State law applies regarding whether members of labor organizations
shall be required to seek nonunion work in their customary occupations.
(5) If the State law does not also apply this paragraph (g) to
individuals who claim what would otherwise be sharable regular
compensation, the State will not be entitled to payment under the Act
and Sec. 615.14 in regard to such regular compensation.
(h) Information to claimants. The State agency shall assure that
each Extended Benefit claimant (and claimant for sharable regular
compensation) is informed in writing--
(1) Of the State agency's classification of his/her prospects for
finding work in his/her customary occupation within the time set out in
paragraph (d) as ``good'' or ``not good,''
(2) What kind of jobs he/she may be referred to, depending on the
classification of his/her job prospects,
(3) What kind of jobs he/she must be actively engaged in seeking
each week depending on the classification of his/her job prospects, and
what tangible evidence of such search must be furnished to the State
agency with each claim for benefits, and
(4) The resulting disqualification if he/she fails to apply for work
to which referred, or fails to accept work offered, or fails to actively
engage in seeking work or to furnish tangible evidence of such search
for each week for which Extended Benefits or sharable regular benefits
are claimed, beginning with the week following the week in which such
information is furnished in writing to the individual.
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