New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 3 - EMPLOYMENT SECURITY
Part 300 - CLAIMS ADMINISTRATION
Section 11.3.300.316 - DETERMINATION OF ELIGIBILITY OF FULL-TIME STUDENTS
Current through Register Vol. 35, No. 18, September 24, 2024
A. Except for students in approved training in accordance with Subsection E of Section 51-1-5 NMSA 1978 and 11.3.100.103 NMAC, the availability of benefits for full-time students shall be determined in accordance with the provisions of Subsection E of Section 51-1-5 NMSA 1978 and 11.3.300.316 NMAC.
B. The general requirement: Any claimants enrolled in an educational or training institution or program in a course of study who are able to work and are available for work and are actively seeking permanent full-time work or part-time work in accordance with Subsection I of Section 51-1-42 NMSA 1978, will not be denied from receiving benefits or waiting period credit.
C. Any claimants enrolled in an educational or training institution or program who can demonstrate by credible evidence that they are unequivocally attached to the labor force and available for full-time or part time permanent work for which they are presently qualified without regard to the hours spent in attending classes or doing homework will not be subject to denial if all of the following requirements are met:
D. A determination of eligibility made in accordance with Subsection C of 11.3.300.316 NMAC shall apply only to the semester or period covered on the student questionnaire.
E. A claimant who receives a determination pursuant to Subsection C of 11.3.300.316 NMAC shall promptly transmit to the department any changes to class schedule during the school term. If the claimant adds or changes any classes, the claimant's eligibility shall be subject to redetermination pursuant to Subsection C of 11.3.300.316 NMAC and Subsection A of 11.3.300.308 NMAC.