Ariz. Admin. Code § 6-3-52285

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-3-52285 - Leave or Absence or Vacation (able and Available 285)

A. A claimant on leave of absence generally is unavailable for work. The availability of the claimant depends upon the following factors:

1. The reason for the leave of absence; and

2. Whether the leave of absence binds him from accepting employment during the duration of the leave; and

3. Whether he has demonstrated that he is actively in the labor market; and

4. Whether there is a financial necessity for the claimant being in the labor market.

B. The nature of the leave is of primary importance. If examination of the written leave or interview of the claimant discloses that the claimant is receiving remuneration for the period of the leave, he must be deemed to be not unemployed. If the leave contains provisions prohibiting the claimant from accepting other employment, the claimant must show that he does not intend to comply with the provision of the leave and that he is actively in the labor market. If the claimant requested the leave to recuperate from an illness or because of domestic circumstances, the ability or availability of the claimant is questionable. When the claimant contends he is able and available despite his illness or despite the domestic circumstances, the case should be reviewed with reference to R6-3-52190(A) or R6-3-52155(A) of these rules. If the claimant has removed to this area because of the need for a change of climate and he is able to work, the nature of the leave of absence and his activities in attempting to secure work must be carefully reviewed.

C. In order to demonstrate attachment to the labor market, the claimant must establish that he is making all reasonable efforts to obtain employment on his own behalf and that he is not restricting unduly the type and working conditions of the employment he will accept.

D. The final factor for consideration, the financial necessity for the claimant's being in the labor market, always should be considered in determining the availability of a claimant on leave of absence. The financial status of the claimant should be examined. The need for an income to carry current expenses is a forceful argument of a claimant's real attitude toward a job and his efforts to seek employment.

Ariz. Admin. Code § R6-3-52285

Former rule number - Able and Available 285. Former rule repealed, new Section R6-3-52285 adopted effective January 24, 1977 (Supp. 77-1).