Section 1326-4 - Additional Claims for Unemployment Benefits Filing and Contents(a) "Additional claim" means an application which certifies to the beginning date of a period of unemployment: (1) Which falls within a previously established benefit year, extended duration period, or extended benefit period,(2) When a break of one or more weeks has occurred in the claim series with intervening employment. There has been a break in the claim series with intervening employment under any of the following circumstances:(A) The claimant filed a continued claim or partial claim for a week in which he or she was ineligible for benefits pursuant to section 1279 of the code due to excessive earnings from services performed in employment during such week. (See sections 1326-6 and 1326-8 of these regulations for definitions of continued claim and partial claim.)(B) The claimant was ineligible to file a continued claim or partial claim for a week because he or she was not unemployed, as defined in section 1252 of the code, in such week.(C) The claimant failed to file a continued claim or partial claim for a week during which he or she performed compensated services in employment.(b) If a claimant who is unemployed wishes to resume or to continue claiming benefits, and the conditions specified in subdivision (a) of this section are satisfied, an additional claim shall be filed except as provided in subdivision (d) of this section. The claimant shall file the additional claim by contacting a department field or branch office. When filing the additional claim, the claimant shall set forth the information specified in subdivision (b) of section 1326-2 of these regulations.(c) Notwithstanding subdivision (b) of this section, an additional claim may not be filed by a claimant who is: (1) Under a disqualification for a fixed period pursuant to subdivision (b) of section 1257 or 1261 of the code, unless he or she has appealed the disqualification or unless he or she is also subject to disqualification pursuant to subdivision (a) of section 1257 of the code.(2) Awaiting an eligibility decision by the department on a prior claim filed in the same benefit year or extended benefit period.(d) The department shall give prompt notice of the filing of the additional claim to the employing unit by whom the claimant was last employed immediately preceding the filing of the additional claim.(e) Immediately following filing of the additional claim, the department shall: (1) Notify the claimant in writing of his or her claim information, as provided by the claimant to the department. The claimant notification may include, but shall not be limited to the following information: (A) The beginning date of the claim filed.(B) The last employer name, address, city, state and zip code provided by the claimant.(C) The last day worked as provided by the claimant.(D) The reason no longer working as provided by the claimant.(E) Whether or not the claimant is receiving a pension or other income.(F) Whether or not the claimant is able and available to accept full time work.(G) Whether or not the claimant has the legal right to work in the United States.(2) Notify the claimant that he or she may contact the department by telephone or in writing to correct any omissions or errors within ten (10) days from the mailing date of the claimant notification. The notification shall specify how to contact the department by telephone or in writing.(f) If the claimant had a change of address during the benefit year of any regular claim or extended benefit claim, the department may require the claimant to provide proof of identity in accordance with the provisions set forth in Section 1326-3 of these regulations.Cal. Code Regs. Tit. 22, §§ 1326-4
1. Repealer and new section filed 3-28-79; effective thirtieth day thereafter (Register 79, No. 13).
2. Amendment filed 1-28-82; effective thirtieth day thereafter (Register 82, No. 5).
3. Editorial correction of printing error in subsection (c) (Register 91, No. 32).
4. Amendment of subsection (b), repealer of subsections (c)-(c)(2), subsection relettering, repealer of formerly designated subsection (d) (2) and subsection renumbering filed 5-6-96; operative 6-5-96 (Register 96, No. 19).
5. New subsections (e)(1)-(2) and amendment of NOTE filed 8-5-99 as an emergency; operative 8-5-99 (Register 99, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-3-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-5-99 order transmitted to OAL 10-25-99 and filed 12-8-99 (Register 99, No. 50).
7. New subsection (f) filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 11-7-2003 and filed 12-24-2003 (Register 2003, No. 52). Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Sections 1326 and 1327, Unemployment Insurance Code; and Section 55, Chapter 329, Statutes of 1998.
1. Repealer and new section filed 3-28-79; effective thirtieth day thereafter (Register 79, No. 13).
2. Amendment filed 1-28-82; effective thirtieth day thereafter (Register 82, No. 5).
3. Editorial correction of printing error in subsection (c) (Register 91, No. 32).
4. Amendment of subsection (b), repealer of subsections (c)-(c)(2), subsection relettering, repealer of formerly designated subsection (d) (2) and subsection renumbering filed 5-6-96; operative 6-5-96 (Register 96, No. 19).
5. New subsections (e)(1)-(2) and amendment of Note filed 8-5-99 as an emergency; operative 8-5-99 (Register 99, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-3-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-5-99 order transmitted to OAL 10-25-99 and filed 12-8-99 (Register 99, No. 50).
7. New subsection (f) filed 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 7-21-2003 order transmitted to OAL 11-7-2003 and filed 12-24-2003 (Register 2003, No. 52).