Ariz. Admin. Code § R6-3-52285 - Leave or Absence or Vacation (able and Available 285)
A. A claimant on leave of absence generally
is unavailable for work. The availability of the claimant depends upon the
following factors:
1. The reason for the
leave of absence; and
2. Whether
the leave of absence binds him from accepting employment during the duration of
the leave; and
3. Whether he has
demonstrated that he is actively in the labor market; and
4. Whether there is a financial necessity for
the claimant being in the labor market.
B. The nature of the leave is of primary
importance. If examination of the written leave or interview of the claimant
discloses that the claimant is receiving remuneration for the period of the
leave, he must be deemed to be not unemployed. If the leave contains provisions
prohibiting the claimant from accepting other employment, the claimant must
show that he does not intend to comply with the provision of the leave and that
he is actively in the labor market. If the claimant requested the leave to
recuperate from an illness or because of domestic circumstances, the ability or
availability of the claimant is questionable. When the claimant contends he is
able and available despite his illness or despite the domestic circumstances,
the case should be reviewed with reference to
R6-3-52190(A)
or
R6-3-52155(A)
of these rules. If the claimant has removed to this area because of the need
for a change of climate and he is able to work, the nature of the leave of
absence and his activities in attempting to secure work must be carefully
reviewed.
C. In order to
demonstrate attachment to the labor market, the claimant must establish that he
is making all reasonable efforts to obtain employment on his own behalf and
that he is not restricting unduly the type and working conditions of the
employment he will accept.
D. The
final factor for consideration, the financial necessity for the claimant's
being in the labor market, always should be considered in determining the
availability of a claimant on leave of absence. The financial status of the
claimant should be examined. The need for an income to carry current expenses
is a forceful argument of a claimant's real attitude toward a job and his
efforts to seek employment.
Notes
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