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Article 1. Eligibility And Disqualifications of California Unemployment Insurance Code >> Division 1. >> Part 4. >> Chapter 2. >> Article 1.
Federal-state extended benefits are payable from the
Unemployment Fund to unemployed individuals who are eligible under
this part.
An unemployed individual is eligible to receive federal-state
extended benefits with respect to any week only if the director
finds that:
(a) An extended compensation claim has been established for him or her.
(b) The week is within an extended benefit period and his or her eligibility period.
(c) He or she meets the eligibility requirements of Part 1 (commencing with Section 100), except those excluded under subdivision (b) of Section 4002.
(d) He or she is not subject to disqualification for normal benefits under any provision of Part 1 (commencing with Section 100). If the individual has been subject to disqualification under subdivision (b) of Section 1257, he or she has satisfied subdivision (b) of Section 1260 and, during a week following the first week of disqualification, has done either of the following:
(1) Performed service in bona fide employment during a week on a full-time basis.
(2) Performed service in bona fide employment during a week from which service he or she earned remuneration at least equal to his or her weekly benefit amount.
(e) With respect to compensation payable to any individual for any week, he or she had earnings from employment subject to the provisions of this division which exceed 40 times his or her most recent weekly benefit amount or 1.5 times the highest quarter, in the base period in which he or she exhausted all rights to regular compensation.
(f) An individual subject to disqualification under subdivision (a) of Section 1256.4 has satisfied subdivision (a) of Section 1260.
(g) The amendments to subdivision (e) made by the act adding this subdivision shall not be implemented unless the director determines that those amendments have been approved by the United States Department of Labor. The director shall immediately seek approval of the amendments to subdivision (e) from the United States Department of Labor.
(a) An extended compensation claim has been established for him or her.
(b) The week is within an extended benefit period and his or her eligibility period.
(c) He or she meets the eligibility requirements of Part 1 (commencing with Section 100), except those excluded under subdivision (b) of Section 4002.
(d) He or she is not subject to disqualification for normal benefits under any provision of Part 1 (commencing with Section 100). If the individual has been subject to disqualification under subdivision (b) of Section 1257, he or she has satisfied subdivision (b) of Section 1260 and, during a week following the first week of disqualification, has done either of the following:
(1) Performed service in bona fide employment during a week on a full-time basis.
(2) Performed service in bona fide employment during a week from which service he or she earned remuneration at least equal to his or her weekly benefit amount.
(e) With respect to compensation payable to any individual for any week, he or she had earnings from employment subject to the provisions of this division which exceed 40 times his or her most recent weekly benefit amount or 1.5 times the highest quarter, in the base period in which he or she exhausted all rights to regular compensation.
(f) An individual subject to disqualification under subdivision (a) of Section 1256.4 has satisfied subdivision (a) of Section 1260.
(g) The amendments to subdivision (e) made by the act adding this subdivision shall not be implemented unless the director determines that those amendments have been approved by the United States Department of Labor. The director shall immediately seek approval of the amendments to subdivision (e) from the United States Department of Labor.
An unemployed individual is disqualified for federal-state
extended benefits if the individual, without good cause, refused to
accept suitable work when offered to the individual, or failed to
apply for suitable work when referred by a public employment office.
(a) For purposes of this section, the term "suitable work" means any work which is within the individual's capabilities.
(b) An individual shall not be disqualified under this section if any of the following apply:
(1) The gross average weekly remuneration payable to the individual for the position offered or to which referred, does not exceed the individual's weekly benefit amount plus the amount of any additional benefits (as defined in Section 501(c)(17)(D) of the Internal Revenue Code of 1954) payable to such individual for such week.
(2) The position was not offered to such individual in writing and was not listed with a public employment office.
(3) The provisions of subdivision (a), (b), or (c) of Section 1259 or the provisions of Article 1.5 (commencing with Section 1266) or Article 1.8 (commencing with Section 1274) of Chapter 5 of Part 1 apply.
(4) The position pays less than the federal or state minimum wage, whichever is higher.
(5) The department determines that the individual's prospects for obtaining work in his or her customary occupation within a reasonably short period are good.
(c) If the department makes a determination described in paragraph (5) of subdivision (b), the determination of whether any work is "suitable work" and whether there is a disqualification from benefits with respect to the individual shall be made in accordance with subdivision (b) of Section 1257, Sections 1258, 1258.5, and 1259, and subdivision (b) of Section 1260.
(a) For purposes of this section, the term "suitable work" means any work which is within the individual's capabilities.
(b) An individual shall not be disqualified under this section if any of the following apply:
(1) The gross average weekly remuneration payable to the individual for the position offered or to which referred, does not exceed the individual's weekly benefit amount plus the amount of any additional benefits (as defined in Section 501(c)(17)(D) of the Internal Revenue Code of 1954) payable to such individual for such week.
(2) The position was not offered to such individual in writing and was not listed with a public employment office.
(3) The provisions of subdivision (a), (b), or (c) of Section 1259 or the provisions of Article 1.5 (commencing with Section 1266) or Article 1.8 (commencing with Section 1274) of Chapter 5 of Part 1 apply.
(4) The position pays less than the federal or state minimum wage, whichever is higher.
(5) The department determines that the individual's prospects for obtaining work in his or her customary occupation within a reasonably short period are good.
(c) If the department makes a determination described in paragraph (5) of subdivision (b), the determination of whether any work is "suitable work" and whether there is a disqualification from benefits with respect to the individual shall be made in accordance with subdivision (b) of Section 1257, Sections 1258, 1258.5, and 1259, and subdivision (b) of Section 1260.
An individual is disqualified for federal-state extended
benefits if the individual fails to actively engage in seeking work.
(a) For purposes of this section, an individual shall be treated as actively engaged in seeking work during any week if both of the following conditions are met:
(1) The individual has engaged in a systematic and sustained effort to obtain work during the week.
(2) The individual provides tangible evidence to the department that he or she has engaged in such an effort during the week.
(b) An individual shall not be disqualified under this section for any week in which the individual is in a training or retraining program under Article 1.5 (commencing with Section 1266) of Chapter 5 of Part 1.
(c) An individual shall not be disqualified under this section for any week solely because the individual is before any court of the United States or any state pursuant to a lawfully issued summons to appear for jury duty, or the individual is hospitalized for treatment of an emergency or life-threatening condition.
(a) For purposes of this section, an individual shall be treated as actively engaged in seeking work during any week if both of the following conditions are met:
(1) The individual has engaged in a systematic and sustained effort to obtain work during the week.
(2) The individual provides tangible evidence to the department that he or she has engaged in such an effort during the week.
(b) An individual shall not be disqualified under this section for any week in which the individual is in a training or retraining program under Article 1.5 (commencing with Section 1266) of Chapter 5 of Part 1.
(c) An individual shall not be disqualified under this section for any week solely because the individual is before any court of the United States or any state pursuant to a lawfully issued summons to appear for jury duty, or the individual is hospitalized for treatment of an emergency or life-threatening condition.
If an individual is disqualified for federal-state extended
benefits under Section 4553 or 4554 pursuant to a determination
transmitted to him or her by the department, the individual shall be
ineligible to receive federal-state extended benefits:
(a) Beginning with the week in which the disqualifying act occurs, and
(b) Continuing until the individual has, during at least four weeks subsequent to the week in which the disqualifying act occurred, performed services in bona fide employment for which remuneration is earned equal to or in excess of four times the individual's weekly benefit amount.
(a) Beginning with the week in which the disqualifying act occurs, and
(b) Continuing until the individual has, during at least four weeks subsequent to the week in which the disqualifying act occurred, performed services in bona fide employment for which remuneration is earned equal to or in excess of four times the individual's weekly benefit amount.
When the department refers individuals who have applied for
federal-state extended benefits to work, the referrals shall include
suitable work, as defined by subdivision (a) of Section 4553, to
which any part of subdivision (b) of Section 4553 would not apply.
(a) Except as provided in subdivision (b), payment of
federal-state extended compensation shall not be made to any
individual for any week if both of the following apply:
(1) Extended compensation would, but for this section, have been payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan.
(2) An extended benefit period is not in effect for such week in such state.
(b) Subdivision (a) shall not apply with respect to the first two weeks for which extended compensation is payable as determined without regard to this section, pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended compensation account established with respect to the benefit year.
(1) Extended compensation would, but for this section, have been payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan.
(2) An extended benefit period is not in effect for such week in such state.
(b) Subdivision (a) shall not apply with respect to the first two weeks for which extended compensation is payable as determined without regard to this section, pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended compensation account established with respect to the benefit year.
Sections 4553 to 4557, inclusive, and the amendments made to
Section 4552 by legislation enacted during the 1981 portion of the
1981-82 Regular Session of the Legislature shall be operative only
during such time as Section 202 of the Federal-State Extended
Unemployment Compensation Act of 1970 requires that state
unemployment insurance laws contain such provisions as a condition of
certification of state unemployment insurance laws by the Secretary
of Labor.
