Ariz. Admin. Code § R6-3-5205 - General

Current through Register Vol. 48, No. 14, April 8, 2022

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.

Notes

Ariz. Admin. Code § R6-3-5205
Former rule number - Able and Available 5. Former rule repealed, new Section R6-3-5205 adopted effective January 24, 1977 (Supp. 77-1). Amended by final rulemaking at 24 A.A.R. 1417, effective 6/19/2018.

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