Current through Register Vol. 42, No. 11, August 30, 2024
(1) This
rule does not attempt to set hard and fast specifics as to what constitutes
availability that could apply to each conceivable circumstance that might
arise, but rather, to provide a standard of interpretation in certain specific
areas as set out below.
In all cases under this rule the individual circumstances must
be carefully investigated, and the judgment made on the basis of those
circumstances. The relevant facts and the reason for any decision should be
documented and placed in the claimant's file. The burden of proof of
availability rests with the claimant.
(2) Availability for work contemplates on the
part of the claimant a voluntary, full, and conscientious exposure to possible
job opportunities either at a locality where wages on which a claim is based
were earned or at a locality where it may reasonably be expected that work for
which the claimant is qualified by previous training or experience may be
available. The claimant must show a good faith effort to find such work as
could reasonably be expected of an individual who desires work. Registration at
an employment office alone does not establish that a claimant is available for
suitable work. A thorough coverage of suitable employment possibilities is
contemplated. This will vary widely among groups of claimants, being influenced
by such factors as local hiring practices, labor market conditions (commute
distance and cost, wage rates, prospects of employment in the local labor
market, etc.) and types of work for which claimants are qualified.
(a) If a claimant is on a temporary layoff,
the duration of which is not expected to exceed eight (8) weeks, or a customary
or seasonal layoff from his regular employer, such layoff not expected to
exceed eight (8) weeks, no work search is required during such temporary,
customary, or seasonal layoff as a condition of eligibility. This work search
exemption shall not apply unless such layoff is from an employer who normally
provides work of a permanent and continuing nature to the claimant.
(b) When a claimant willfully follows a
course of action designed to discourage prospective employers from hiring such
claimant, the claimant shall be determined unavailable for work and ineligible
for benefits.
(3) The
claimant must be actively seeking, available for and willing to accept work
during the full-time hours and full work week and for the shifts normally
worked in the trade or industry for which qualified by experience or training.
Except as allowed by paragraph (e) below, the requirements cannot be met by
being available for part-time work only.
(a)
Actively seeking work generally means a good faith and reasonable search as
would be expected of an individual who desires work. Reasonable and active
effort shall mean engaging in systematic and sustained efforts to find work,
including contacting at least three (3) prospective employers for each week of
unemployment claimed. The Department shall require the claimant to provide
proof of work search efforts when filing his or her weekly certification. A
claimant's subsequent proof of work search efforts may not include the same
prospective employer unless the employer has indicated since the time of the
initial contact that the employer is hiring. The Department shall conduct
random reviews of at least five (5%) percent of the work search proof provided
by claimant's each week. The Governor by executive order may suspend the work
search requirement during a state of emergency to the extent permissible by
federal law.
(b) Available for work
generally means that the claimant is in the vicinity, physically able and free
to accept work as described above. Vicinity does not necessarily require a
physical presence; it only requires that a person be available for contact by
telephone or other electronic means.
(c) Disqualification should not normally be
assessed if the claimant is available during the majority of the normal and
customary work week for his occupation provided that no work was available
during the portion of the week that the claimant was not available, and that
the claimant made a reasonable work search. Majority of the work week is
defined as equal to or greater than fifty percent (50%). In determining what
constitutes a "normal customary work week", one must take into consideration
the hours and days that the occupation requires rather than what the claimant
worked on their last job. Provided, however, a determination of ineligibility
for a week of unemployment shall not result simply and solely because the
worker had to be absent from work for not more than four hours due to illness
or compelling personal circumstances.
(d) Willing to accept work generally means
that the claimant demonstrates a willingness to accept any work for which
he/she is qualified by previous training or experience and that is suitable in
accordance with Code of Ala. 1975,
25-4-78(5).
(e) Persons with
disabilities applying for unemployment compensation benefits must establish a
reasonable and active effort to secure work in an amount which they have shown
to be qualified to perform by past history, experience, and training and which
is supported by medical documentation reflecting the applicant's inability to
maintain full-time employment by reason of his or her disability.
(4) An active search for work is
evidence of availability for work. Registration with the Employment Service is
required as a further condition of eligibility, unless otherwise exempted.
(a) Various methods of work search may be
employed by claimants in their efforts to find work. While any means of seeking
work may result in a job, some methods may not be acceptable to remain eligible
for benefits. The following are examples of suitable methods which may be used.
This list is not intended to be limiting or prohibitive, but is to offer
guidance.
1. In-Person Contacts. Almost always
the most appropriate method whether or not combined with other means. (The
contact should be with the hiring authority where possible.)
2. Telephone Contacts. An acceptable method
when combined with in-person contacts. (Telephone contacts should be made with
the hiring authority where possible.)
3. Employment Agency. An acceptable method,
but registration with the agency does not relieve the claimant of other types
of contacts which may be deemed appropriate or required by Code of
Ala. 1975, §
25-4-77.
4. The Resume & copy;. An acceptable
method for individuals in certain skills or professions where this is the
standard job-seeking practice.
5.
Claimants who identify themselves as a member of a union where work is secured
exclusively through a union hiring hall will not be required to register with
the employment service and may limit their work search to registration with
their hiring hall. Such claimants must be able to show that they are a member
in good standing of their union and that they are currently registered with
their hiring hall. The law makes no distinction between those who are and those
who are not members of a labor union, but requires of both that they
demonstrate a constant availability for work.
6. Electronic methods including E-mail and
the Internet are acceptable methods of work search where this method of seeking
employment is usual and customary.
7. An Employment Service exclusive hiring
agreement with an employer is a recognized job search with that employer. In an
area where job opportunities in that occupation are only available through this
method, the claimant would be required to follow the instructions from the
Employment Service on keeping these applications active.
(b) All claimants must use reasonable and
realistic job-seeking methods to establish availability and remain eligible for
unemployment benefits. In addition, claimants using any of the methods except
(5) above must also register for work with the State Employment
Service.
(c) While in-person
contacts are not required for each week, in order that claimants meet minimal
availability requirements, they must make some in-person contacts where work is
usually obtained in this manner in order to demonstrate a willingness to work
during a claim series.
(d)
Code of Ala. 1975, 25-4-78(5) requires that certain
factors be considered in determining the suitability of work for which the
individual must be available. Pertinent among these are (1) experience and
prior earnings and (2) the length of unemployment and prospects for securing
work in his/her customary occupation. Unless it is obvious that an individual,
other than a member of a labor union in good standing and registered at his
union hiring hall, cannot reasonably expect to find work in the locality in
line with prior earnings, a reasonable period shall be allowed in which to seek
work somewhat comparable. As the period of unemployment lengthens and prospects
for locating such work diminish, the individual must be willing to accept work
which would have been deemed unsuitable earlier in the period of unemployment.
( See State of Alabama Department of Industrial Relations vs. James
M. Harbin 365 So.2d 313 (Ala. Civ. App. 1978). The totality of
work search must be considered, not just isolated weeks. He must be able,
available, and seeking work for each week claimed.
(5) A claimant incarcerated or legally
detained (to include work release) is considered unavailable for work. If
incarcerated or detained for only a short time, not equal to or greater than
50% of the normal and customary work week, he would not be considered
unavailable because of such incarceration.
(6) Generally, students attending school will
not be considered available for work unless it can be shown that they are
available during the normal hours for work for which qualified by experience
and training. If a student is attending school outside of normal customary work
hours for his occupation, no issue exists. If school hours overlap normal work
hours, such claimants must show, not only that they are prepared to quit school
if work is found but also that school will not interfere with a reasonable and
active effort to secure work. Generally, availability for students must include
consideration of the amount of money invested in schooling, what type of work
they are seeking (are they seeking work commensurate with their current skill
level?), whether school hours allow time for an adequate work search, time
remaining until studies are completed, wage demand, and, if willing to change
hours of classes, would the school allow this change anytime during the term.
These factors are critical to the determination of the claimant's attachment to
the labor market. Students not available during school terms are not considered
in the labor market between school terms, or during summer recess, and will be
presumed not available for work for these periods.
Only students attending high school on a regular,
full-time basis are considered unavailable (not in the labor market),
either during or between terms or academic years. Such students are not
questioned regarding their willingness to quit school to obtain employment;
their attendance demonstrates that education is their primary pursuit.
(7) Jury Duty. The claimant is
considered available for work while serving on jury duty since time spent in
jury service is not a personal service performed under a contract of hire in an
employment situation but is a public duty required by law. Jury duty does not
render the individual as employed and ineligible for benefits even though it
may involve the individuals full-time. Witness and jury fees will be considered
as reimbursement for expenses and not as wages.
(8) Notwithstanding any other provision of
this rule, all availability for work requirements, including search for work
requirements, are waived for any individual who is enrolled in a course of
training with approval of the Secretary as, provided in §
25-4-77(a)(7)(b).
Approved training is not limited to, but includes:
(a) Dislocated workers and other government
sponsored training programs for unemployed workers.
(b) Training to which the individual is
referred by the Alabama State Employment Service in conjunction with an
employment development plan or to guidelines established by
Section
4 of
Public Law
103-152, or as amended or by its
successor.
(9) Disabled
Accessibility to Job. A job offer shall not be suitable for an individual with
a disability if he cannot gain access to a building or its facility.
Author: Hoyt Russell, Director Unemployment
Compensation Division, Joseph S. Ammons, General Counsel
Statutory Authority:
Code of Ala.
1975, §§
25-2-7,
25-2-8,
25-4-111.
