Current through Register Vol. 46, No. 12, March 20, 2024
(a) In order to continue to be eligible for
benefits, claimants must establish that they are ready, willing, and able to
work; and actively seeking work during each week for which they are claiming
benefits. To be considered to be actively seeking work, a claimant must be
engaged in systematic and sustained efforts, as defined in subdivisions (b) and
(c), to find work. The claimant must provide proof of these work search efforts
to the Department of Labor upon request, unless good cause is shown, or the
claimant is otherwise exempted pursuant to subdivision (k).
(b) A claimant who fails to conduct at least
three work search activities in a week shall be ineligible for benefits for
that week. The minimum work search activity shall be from those listed in
subdivision (c), focused on obtaining suitable work, as defined in subdivision
(d). The Department of Labor is authorized to refer claimants for additional
services aimed at facilitating a faster return to work, including but not
limited to:
(1) The development of a written
work search plan pursuant to subdivision (l);
(2) The development and implementation of a
reemployment services orientation, which includes at least three of the items
listed in subdivision (c)(1). This program will satisfy three weeks of work
search activity; and
(3) A Career
Center where such work search activities may be performed in person or through
any electronic means provided or approved by the Department of Labor.
(c) Work search activities
include:
(1) Using employment resources
available at the local Career Center or through a virtual career center
platform provided by the Department of Labor, such as:
(i) meeting with Career Center
advisors;
(ii) receiving job market
information from Career Center staff regarding the availability of jobs from a
particular industry or region;
(iii) participating in skills assessments for
occupation matching;
(iv)
participating in instructional workshops; and
(v) obtaining and following up with employers
on job referrals and job matches from the Career Center.
(2) Submitting a job application and/or
resume to employers or former employers who may reasonably be expected to have
openings.
(3) Attending job search
seminars, scheduled career networking meetings, job fairs, or
employment-related workshops that offer instruction in improving individual
skills for obtaining employment.
(4) Interviewing with potential
employers.
(5) Registering,
applying, or taking job-related or pre-hire tests for a public or private
employer, including civil service examinations.
(6) Registering with and checking in with
private employment agencies, placement services, unions, and placement offices
of schools, colleges or universities, and/or professional
organizations.
(7) Using the
telephone, business directories, internet, social media, or online job matching
systems to search for jobs, get leads, request referrals, or make appointments
for job interviews.
(8) Any other
reasonable activity that may assist a claimant to obtain employment.
(d) The term "suitable work," as
used throughout this section, is defined as work for which the claimant is
reasonably fitted by training and/or experience.
(e) After ten full weeks of benefits are
claimed, the definition of "suitable work" will be expanded to include any work
that the claimant is capable of performing, whether or not the claimant has any
experience or training in such work.
(f) Evidence of work search efforts must
include a weekly written or electronic record of work search activity. All
information in the record must be true, accurate, and, where practicable,
subject to verification. When possible, supporting documentation, including,
but not limited to, job fair employer list, printouts from online search
efforts, a prospective employer's business card, electronic correspondence with
employers, confirmation of online application for a job, should be maintained
with the work search record.
(g)
Each work search activity identified in the record of work search activity
should include the following information, as applicable:
(1) Description or nature of the work search
activity. If the activity is in connection with a specific position, the
claimant should identify the job title and the employer's name and
address.
(2) The date(s) and manner
of the work search activity performed.
(3) Status or result of work search activity
performed. This may include, but is not limited to, a pending application,
scheduled interview, or job offer accepted.
(h) Weekly written or electronic work search
records must be retained for one year from the effective date of the claim,
unless submitted online through the Department of Labor website. The Department
of Labor may request work search records to verify continued eligibility for
benefits, or in connection with a claim review, audit, or a hearing or appeal
in which work search is an issue. The claimant shall provide the written or
electronic records required by this section upon request. If the claimant fails
to provide records, the claimant will be subject to sanctions identified in
subdivision (j).
(i) A claimant who
has willfully made a false statement or representation about work search
activities, or fails to provide work search records upon request, will be
subject to penalties and a denial of benefits and required repayment of
benefits received.
(j) Unless
otherwise exempted or for good cause, any failure to conduct a systematic and
sustained work search or keep a work search record pursuant to subdivision (g)
or provide a work search record pursuant to subdivision (h) shall result in a
determination of ineligibility for benefits.
(k) A claimant is exempted from work search
requirements for one of the following reasons:
(1) A temporary layoff or seasonal loss of
employment where the employer has given a written definite return-to-work date
of up to eight consecutive weeks. Up to an additional four weeks may be
authorized by the Department of Labor upon an employer's written request that
provides a new return to work date.
(2) A union member who must obtain work
through the union. The union member must be in compliance with union membership
and work search requirements.
(3)
Participation in a training program approved by the Department of Labor, such
as those approved pursuant to section 599 of the labor law.
(4) Serving on a jury.
(5) Participation in a Department of
Labor-approved Shared Work Program.
(6) Participation in a Department of
Labor-approved Se lf-Employment Assistance Program.
(7) Any exemption required by the state or
federal law or those granted or extended by the Department of Labor upon review
and consistent with state or federal laws, rules, regulations, or
guidance.
(8) The claimant has a
bona-fide and accepted offer of employment starting within a reasonable amount
of time as determined by the Department of Labor.
(l) Written Work Search and Reemployment Plan
(1) The Department of Labor may develop a
work search or reemployment services plan with a claimant when:
(i) Federal programs require a work search
plan;
(ii) A claimant requests a
work search plan; or
(iii) A
claimant has been referred for additional services under subdivision (b)(1) or
has been otherwise determined ineligible for benefits based on a failure to
conduct work search efforts.
(2) Such plan shall include strategies and
approaches pursuant to subdivision (c) as well as others tailored to the
claimant's specific skills, experience, training and circumstances while also
recognizing and mitigating barriers to work search and reemployment activities
including, but not limited to, those associated with familial obligations such
as relocation, child-care, and parental care.
(m) Good Cause
(1) Unless the Department of Labor determines
in its discretion that there is good cause or is otherwise authorized in a work
search or reemployment services plan, a claimant may not limit work
search.
(2) Good cause may include,
but is not limited to the following:
(i)
Location or geographic area - a claimant may limit work search to exclude
employment which is at an unreasonable distance from the claimant's residence,
or travel to and from the place of employment involves expense substantially
greater than that required in the claimant's former employment;
(ii) Number of hours, days of the week, or
compensation - a claimant may limit his or her work search to exclude
employment where the wages or compensation or hours or conditions offered are
substantially less favorable to the claimant than those prevailing for similar
work in the locality, or are such as tend to depress wages or working
conditions;
(iii) Interference with
labor organization - a claimant may limit his or her work search to exclude
employment which would interfere with a claimant's right to join or retain
membership in any labor organization or otherwise interfere with or violate the
terms of a collective bargaining agreement;
(iv) Strike, lockout or industrial
controversy - a claimant may limit work search to exclude employment where
there is a strike, lockout, or other industrial controversy in the
establishment in which the employment is offered; or
(v) Part-time employment - A claimant with a
history of part-time work may limit work search to exclude employment where the
offer of employment is not comparable to the claimant's part-time
work.
(vi) Domestic violence - a
claimant who is a victim of domestic violence or abuse may limit their work
search if performing a work search would place the claimant in a position where
the claimant could be harmed in any way.
(vii) Any other reasonable circumstance or
cause as determined by the Department of Labor.
(3) It is not good cause for a claimant to
limit work search to a specific position or type of work when suitable work is
available to the claimant.
(n) The claimant must notify the Department
of Labor if the claimant is incapable or unavailable for work, in which case
the claimant's benefits will be suspended until the claimant is once again
capable and available for work.
(o)
If the application of any provision or part of this Rule is determined by the
Secretary of Labor as not meeting requirements of federal law, such provisions
shall be inoperative only to the extent as expressly and finally determined by
the Secretary of Labor and without invalidating any remaining
provisions.
