An unemployed claimant is eligible to receive benefits under
A.R.S.§
23-771
for a work week if the Department finds that the claimant was able and
available to work during that week.
1. In order to conform to and
carry out the meaning and intent of A.R.S. §
23-771, the word "is" as used in paragraph (3) of that section should be construed to
mean "was" with respect to the week in question.
21.
Availability for work is the readiness of a claimant to accept suitable work
when offered. To be available for work, a claimant shall be:
a. Accessible to a labor market;
b. Ready to work on a full-time
basis;
c. Free from personal
circumstances that interfere with the claimant's ability to accept and
undertake some form of full-time work; and
d. Actively seeking work or following a
course of action reasonably designed to result in the claimant's prompt
reemployment in full-time work.
3
2. The criterion is
availability for work, rather than availability of work. The willingness or
unwillingness of an employer to hire is irrelevant.
4
3. The term "work" means
suitable work (work that is in a recognized occupation, for which the claimant
is reasonably qualified and that the claimant does not have good cause to
refuse).
5
4. "Availability for work" is a relative term. The
objective of availability is to determine whether a claimant is genuinely and
regularly attached to the labor market. "Availability for work" also is the
relationship between the restrictions imposed by a claimant and the job
requirements of the work that the claimant is qualified to perform. It implies
that restrictions do not unduly lessen the possibilities of the claimant
accepting suitable work. Unreasonable restrictions that substantially limit
employment opportunities result in unavailability. Whether the restrictions are
unreasonable depends on their source, as well as their effect on the
possibilities of employment.
5. A
claimant's eligibility is not impaired when the claimant is physically unable
to work, or engaged in activities that would prevent the claimant from working,
provided:
a. The period involved is not more
than one full calendar day, and
b.
The inability or activities do not reduce or jeopardize the claimant's
opportunities for employment.
6. A claimant who is unable to work full-time
because of an established disability is not ineligible as long as the claimant
is:
a. Seeking work up to the limit of the
claimant's disability;
b. Is not
completely unable to work; and
c.
Able to work part time as provided by medical evidence that the restriction is
due to a disability.
7.
The Department shall consider only the working days in the claimant's customary
occupation when applying the one day's inability to work or unavailability for
work. "One working day" means a normal work shift. A normal shift for any
claimant is what is standard for the claimant's occupation. If the claimant is
not able or available for more than a full shift, the claimant is ineligible
for benefits.
a.
The claimant refused a job or
referral;
b.
The claimant failed to comply with his union
registration or referral regulations;
c.
The Job Service or the claimant's union tried to
contact the claimant for possible referral, but was unable to do
so;
d.
An employer made an effort to contact the claimant
for a job offer or interview, but was unable to do so.
8. The Department shall determine
whether a claimant's activities during a working day have reduced or
jeopardized the claimant's employment opportunities. This determination must be
made objectively. For example, under any of the following situations, a
claimant's activities on the day in question may have reduced or jeopardized
the claimant's employment opportunities:
a.
The claimant refused a job or referral;
b. The claimant failed to comply with the
claimant's union registration or referral regulations;
c. The Department or the claimant's union
tried to contact the claimant for possible referral but was unable to do so;
or
d. An employer made an effort to
contact the claimant for a job offer or interview, but was unable to do
so.
8
9. In applying this rule, the nature of the claimant's
activities is not a factor. It is immaterial whether the activities resulted
from compelling circumstances or from normal activities of people in
general.
