Ariz. Admin. Code § 6-3-5240

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-3-5240 - Attendance at School or Training Course

A. In this rule, "full-time student" means a person who:

1. Satisfies the criteria for being a full-time student, as established by the school the student is attending;

2. Is a part-time student at 2 different schools if the number of the student's combined hours meets at least 1 school's definition of full-time student; or

3. Would be considered a full-time student under (1) or (2) and is enrolled in online courses that require the student to attend online lectures, participate in "blackboard" discussions, or be involved in other activities at a specific time that falls within the normal work day, unless the claimant meets one of the exceptions in (B)(1).

B. Except as otherwise provided in A.R.S. § 23-771.01 and A.A.C. R6-3-1809, a claimant who is or was a full-time student during the most recent regular school term is presumed unavailable for work.

1. A claimant who is currently attending school may remove the presumption of unavailability through 1 of the methods described in this subsection.

a. The claimant shows a pattern of concurrent, full-time work and full-time school attendance for the 9 month period before the claimant files an initial claim for unemployment insurance, and the claimant has not, in order to attend school or a training course:

i. Left suitable full-time work,

ii. Refused suitable full-time work, or

iii. Reduced the hours of work to part-time;

b. The claimant, who cannot establish a 9-month pattern of concurrent full-time work and full-time school attendance because the claimant was engaged in active military service or other similar service for the United States during that period shows that the claimant:

i. Is conducting a work search as prescribed in R6-3-52160, and

ii. Is willing to change class hours or drop classes to accept suitable full-time work, or

iii. Is able to work full time during hours other than the class hours.

c. The claimant shows that the claimant attends classes only at night and is experienced at and seeking work readily available during daytime hours.

d. The claimant is enrolled in online courses that allow the student to complete the courses at any time including evenings and weekends. The Department considers a claimant taking full time classes that fall into this category a "night" student and claimant may be eligible if the claimant is willing to accept full time work that falls during the claimant's normal occupation work hours, and claimant is seeking this type of work.

2. A claimant who is not currently attending school, but who attended school as a full-time student during the most recent regular term, may remove the presumption of unavailability if the claimant:

a. Graduated or completed the course,

b. Discontinued school prior to the end of the term, or

c. Does not intend to return for the next regular term.

C. A claimant attending school as a part-time student is presumed available for work when the claimant establishes that:

1. Schooling is incidental to full-time employment,

2. The claimant did not leave full-time work to enroll as a part-time student, and

3. There is full-time work available during hours other than the time when the claimant attends classes, or

4. The claimant will change the hours of school attendance or drop classes in order to accept full-time work.

D. A claimant attending a training course of less than 4 weeks' duration is eligible for benefits if:

1. The course is sponsored by an employer who will employ the claimant upon the claimant's successful completion of the course, or

2. The course provides a vocational evaluation or other service that assists the claimant in becoming reemployed.

Ariz. Admin. Code § R6-3-5240

Former rule number - Able and Available 40. - 40.1. Former rule repealed, new Section R6-3-5240 adopted effective January 24, 1977 (Supp. 77-1). Amended subsection (A)(1) and (2) effective July 9, 1980 (Supp. 80-4). Section repealed; new Section adopted effective July 22, 1997 (Supp. 97-3). Amended by final rulemaking at 24 A.A.R. 1415, effective 6/19/2018.