Ariz. Admin. Code § 6-3-54100

Current through Register Vol. 30, No. 44, November 1, 2024

Section R6-3-54100 - Extended Benefits

A. Work search requirements. Terms used in A.R.S. § 23-634.01 are explained as follows:

1. "Tangible evidence" is a written record of the work-seeking activities of the week, including the employer name and address, the date and method of contact, the individual contacted, the type of work sought, and the outcome of the contact.

2. "A systematic and sustained effort" means the development and employment of a method or plan for seeking work, which is maintained each week. It must represent the course of action a reasonable and prudent person would employ.

a. For each week of extended benefits claimed, efforts to find employment must be made on more than one day of the week.

b. Registration with Job Service and/or membership in and registration with a union that serves as a hiring agent do not, by themselves, constitute a systematic and sustained effort to find work. This applies even if the union serves as the hiring agent for most prospective employers in the area. The claimant must, on his own initiative, make an active and independent effort to seek work. The work need not be in claimant's usual occupation, but must be work for which the claimant is qualified by experience or training.

c. With the exception of jury duty as described in (2)(d) below, an extended benefits claimant cannot establish good cause for failure to maintain a systematic and sustained search for work. The statutory disqualification applies if a claimant does not seek work due to illness, death in family, personal circumstances, or any other reason and claims extended benefits for the week(s). However, an extended benefit claimant may be found eligible under the one work day removal from the active labor force provisions of R6-3-5205(A)(6), (7), and (8) if the overall pattern for the week meets the requirements of a systematic and sustained effort to find work.

d. A claimant shall be excepted from the requirement of conducting a systematic and sustained work search if prevented from doing so on the basis of his being selected as a member of a jury panel or as a juror in a specific trial.

B. Refusal of suitable work

1. An extended benefits claimant's prospects for obtaining work must be classified either "good" or "not good" before the first extended benefit payment is made. The claimant must be informed of this classification.

a. Prospects are "good" -- claimant has a definite prospect of work or a definite date to return to work within six weeks.

Prospects are "not good" -- there is no definite prospect of the claimant returning to work within the next six weeks.

b. This classification can be changed at any time during the extended benefit period as circumstances warrant, providing the claimant is informed immediately of the reclassification.

c. This classification is not appealable unless it is a part of a determination regarding failure to apply for or accept an offer of suitable work.

2. For claimants classified as prospects are "good" the regular refusal of work provisions of A.R.S. § 23-77(A) and the Refusal of Work sections of these Benefit Policy rules apply.

3. For claimants classified prospects are "not good" the provisions of A.R.S. § 23-776(A) (including disqualification) do not apply. The failure to accept a referral to or an offer of work for a claimant in this classification must be adjudicated under A.R.S. § 23-634.01. The work shall be considered suitable if the claimant is capable of performing it without regard to use of claimant's highest skill and the following conditions are present:

a. The gross average weekly wage is equal to or exceeds the claimant's weekly benefit amount plus any applicable supplemental unemployment benefits;

b. The wages are equal to or exceed the minimum wage;

c. The offer has been listed with the Department of Economic Security, or the employer has provided the offer of work to the claimant in writing;

d. The claimant will not be required to join a company union or to resign from or refrain from joining a bona fide labor organization;

e. The position is not vacant due directly to a strike, lockout, or other labor dispute; or

f. The wages, hours or other conditions of the work offered are not substantially less favorable to the individual than those prevailing for similar work in the community.

4. Notwithstanding the provisions of R6-3-53335, there is no limitation to the number of times a claimant classified prospects are "not good" can be disqualified for refusal of the same job provided the offered job is not unsuitable under B.3. above.

C. Filing extended benefits. A.R.S. § 23-634(B) limits the payment of extended benefits to two weeks to an individual filing under the interstate benefit payment plan unless an extended benefit period is in effect in the state of filing.

1. In applying this statute, the state of filing is the determining factor. In some instances, the claimant may be residing in a state which is in an extended benefit period but may be filing for convenience in a neighboring state not in an extended benefit period. The claimant is not eligible for more than two weeks of extended benefits. This applies even though the actual state of residence may be Arizona.

This statute does not apply to an individual who is temporarily absent from the area of the regular reporting office and files transient or visiting (courtesy) claims. He is considered as filing from his regular local office until an interstate claim is initiated.

2. A claimant who has received two weeks of extended benefits while filing in an agent state not in an extended benefit period may not collect an additional two weeks of benefits by filing in another state not in an extended benefit period. The claimant may, however, receive benefits until the extended benefit award is exhausted if filing in an agent state which is in or enters an extended benefit period.

3. If the claimant is filing from a state in an extended benefit period and this period ends, the claimant is entitled to two further weeks of extended benefits, provided there is a sufficient balance in the extended benefit award and the claimant has not collected benefits for the additional two weeks.

Ariz. Admin. Code § R6-3-54100

Adopted effective March 17, 1982 (Supp. 82-2). Amended effective December 27, 1985 (Supp. 85-6).