Ala. Admin. Code r. 480-4-3-.21

Current through Register Vol. 42, No. 8, May 31, 2024

Section 480-4-3-.21 - Extended Benefits

(1) When a period of extended benefits (EB) is declared in accordance with Code of Ala. 1975, § 25-4-75 of the Unemployment Compensation Law, the following conditions shall apply:

(a) During the first week an individual's EB claim is effective the local unemployment claims office shall:

1. review the eligibility for EB and schedule the claimant for an eligibility interview during the first week of EB to include the benefit rights under the EB law and these rules,

2. assess the individual's prospects of obtaining work within a "reasonably short period of time" (normally defined as four weeks) and classify as "good" or "not good,"

3. ensure that all individuals whose prospects for obtaining work are "not good" are registered with the employment service for referral to suitable work as defined in paragraph (1)(c) of this Rule.

(i) The job prospect classification of "good" does not eliminate the requirement to actively seek work. It only applies to the determination of what is suitable work.

(b) Work Search Requirements.

1. The EB claimant is expected to make a more diligent and active search for work than would be required of an individual receiving regular unemployment compensation. The search for work under EB conditions must be sustained and systematic. Registration with a referral union will be considered as only partially meeting the work search requirement and additional individual effort will be required to demonstrate an active search for work.

2. Tangible evidence of an active work search must be provided. This does not require verification of "proof" by the potential employer, but does require a listing by the claimant on the back of the EB pay order card listing each week the contacts made during the week. Insufficient contacts will be grounds for an immediate fact-finding interview and possible disqualification.

(i) An EB claimant in a Director-approved training program is exempt from the work search requirement as long as a good standing is maintained in the training program.

(c) Suitable Work.

(1) For purposes of EB, any work which is within an individual's capability is considered suitable work, unless the individual provides satisfactory evidence that his/her prospects for obtaining work in a reasonably short period of time are good. The following conditions for suitable work shall also apply:

(i) The gross average weekly pay for the potential work must exceed the individual's average weekly benefit amount, plus any supplemental unemployment benefits (SUB) payable.

(ii) A job must be offered by the employer to the individual in writing or the job must be listed with the Alabama State Employment Service.

(iii) The pay must equal or exceed the minimum wage.

(iv) The work must be suitable under all regular benefit provisions which do not conflict with the special EB provisions, e.g., jobs that are available because of labor dispute, or that are against Federal requirements, etc., would not be suitable.

2. Failure to Apply for or Accept Suitable Work.

(i) The eligibility of a claimant with "good" prospects of obtaining work within a reasonably short period who fails to apply for or accept suitable work shall be determined in accordance with the standards and criteria applied under the state law for recipients of regular benefits.

(ii) If the individual's prospects are "not good" and that individual has refused to apply for or accept suitable work as defined in this rule, then the EB disqualification shall be imposed in accordance with Code of Ala. 1975, § 25-4-75 of the Alabama Unemployment Compensation Law.

(d) Interstate Benefit Program.

1. Starting April 1, 1981, or upon enactment of State law in the liable State, agent State local offices must conduct eligibility reviews and assess claimant's prospects of obtaining employment in his/her customary occupation and transmit the necessary information to the liable State using Form IB-10. No action will be taken on agent State claims until notified by the liable State (See (i) and (ii) below).

(i) Liable State Responsibilities.

Form EB-15 should be mailed to each potentially affected claimant approximately three to four weeks prior to the time he/she files an EB claim. A copy of this notification should be sent to the agent State local office prior to the beginning of the claimant's eligibility period.

This notice to the agent State will serve as a request for an EB-BRI and an assessment of the claimant's prospects of obtaining employment.

(ii) Agent-State Responsibilities EB-Benefit Rights Interview - Assessment of Claimant's Prospects of Reemployment.

Upon receipt of notification from the liable State that an individual is a potentially affected claimant, the agent State should schedule the claimant for an EB-BRI. The claimant should be mailed an Interstate Eligibility Review Form, along with the call-in notice. The review form should be completed and returned at the time of the interview. During this interview, in addition to advising the claimant of his/her rights and obligations, the claimant's prospects of obtaining employment in his/her customary occupation should be assessed. This information should be recorded on the IB-10 and transmitted to the liable State together with the EB-Initial Interstate Claim, Form IB-1, or the Continued Interstate Claim, Form IB-2, for the first affected week of extended benefits claimed after such interview.

(2) If a claim is filed in an agent state which is not in an extended benefit period, the liable state may only pay two weeks of extended benefits.

Authors: John B. Benton, Elmer Adkins

Ala. Admin. Code r. 480-4-3-.21

Statutory Authority:Code of Ala. 1975, §§ 25-2-7, 25-2-8, 25-4-111.