Okla. Admin. Code § 240:10-3-20

Current through Vol. 42, No. 8, January 2, 2025

Section 240:10-3-20 - Instructions to secure work

(a)Able and available to accept employment. When a claimant files an initial claim for benefits, the Commission shall instruct the claimant that, in addition to registering for work in the Oklahoma labor exchange system or the system in the state in which the claimant resides, the claimant must diligently search for suitable employment.

(b)Seek and accept work. The Commission shall require claimants to diligently search for work in a prudent manner that would be expected to secure work using any means that are appropriate and suitable each week. A diligent work search requires that a claimant make the minimum number of weekly work search contacts as required by the OESC and consists of some combination of the following elements:

(1) Union members must be registered with the hiring hall or placement facility of their labor union and be a member in good standing.

(2) Participation in reemployment services offered to the claimant by the Commission or any other State Employment Service.

(3) Submit weekly job applications for work with suitable employers.

(4) Register for work, create, and upload a resume with the state's labor exchange system, job boards, placement service of any professional organization the claimant is a member of, temporary work agencies, or educational institution with job placement offices;

(5) Participate in scheduled reemployment services offered by the Oklahoma Employment Security Commission in Workforce Oklahoma Centers or complete similar online or self-service activities.

(6) Participate in employment and training services provided by partner programs in Workforce Oklahoma Centers;

(7) Participate in work-related networking events sponsored by the Oklahoma Employment Security Commission (e.g., job clubs, job fairs, industry association events, networking groups, etc.);

(8) Taking a civil service exam or examinations for work in a governmental agency;

(9) Participate in interviews with employers (virtually or in-person); or

(10) Any other work search activities prescribed by the Commission.

(c)Increase of work search requirements. The number of work search efforts described in subsection (b) of this rule shall be increased at the discretion of the Commission if the claimant has not received a job offer within the first six (6) weeks of unemployment.

(d)Activity log. The claimant is required to maintain the Commission provided work search activity log, as well as, any associated documentation and make it available for review by Commission representatives, upon request.

(e)Referrals. A claimant who receives job referrals from the Commission that are considered to be appropriate or suitable, as otherwise defined in 40 O.S. §2-408, must apply for the job within one week of receiving the referral, and the claimant must accept employment if suitable work is offered. Claimant may be disqualified to receive benefits pursuant to 40 O.S. §Section 2-417-18.

(f)Waiver of work search requirement. If an employee is involved in a temporary layoff, a temporary layoff-federal, or is receiving supplemental unemployment benefit payments through an approved plan, the work search requirement is met if the employee maintains an attachment to the employer and remains available to return to work for the employer. The work registration requirement of 40 O.S. §2-204 and work search requirement of 40 O.S. §2-417 may be waived by the Executive Director in consultation with members of the Senior Staff if it is found that claimants in a specific geographic area or region of the state are prevented from making a reasonable work search as a direct result of natural disaster, pandemic, fire, flood, or explosion.

(g) Work search efforts to the same employer for the same role or position may only be repeated every four (4) weeks. Claimants may search for different roles or positions with the same employer, as desired. If employer initiates a second interview and the claimant completes the interview, the second interview may be considered a work search effort for the claimant.

Okla. Admin. Code § 240:10-3-20

Amended at 8 Ok Reg 2301, eff 6-13-91; Amended at 12 Ok Reg 37, eff 11-1-94 (emergency); Amended at 12 Ok Reg 1375, eff 5-26-95; Amended at 15 Ok Reg 1496, eff 5-11-98; Amended at 18 Ok Reg 1114, eff 5-11-01; Amended at 23 Ok Reg 885, eff 5-15-06; Amended at 24 Ok Reg 1233, eff 5-25-07; Amended at 29 Ok Reg 459, eff 5-15-12

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 7/25/2019

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/12/2024