Ariz. Admin. Code § R6-3-52305 - Military Service (able and Available 305)

A. A person who is subject to call for military service is not necessarily unduly restricted from accepting employment. This is true even though employers may be unwilling to hire such a worker.

1. A claimant may have been officially notified that he will be placed on active duty or active duty for training on or before a definite date and is limited to acceptance of temporary work. A claimant who is so restricted must be willing to accept temporary work without additional personal restrictions. Frequently such temporary work will not utilize the claimant's highest skill. Also the wage may not be equal to that which he earned in permanent employment. However, the claimant's unwillingness to accept such work, if it is otherwise suitable, would render him unavailable.

2. Active duty and active duty for training in the armed forces (other than weekend drills) is employment. Thus an individual on such duty is usually in employment within the meaning of A.R.S. § 23-621 of the Employment Security Law and if in employment the question of availability need not be considered. If, however for a particular week the earnings for such duty are less than the claimant's weekly benefit amount, he may be unemployed and his availability should then be tested by the same criteria as any other claimant who is employed during a partial week.

Notes

Ariz. Admin. Code § R6-3-52305

Former rule number Able and Available 305. Former rule repealed, new Section R6-3-52305 adopted effective January 24, 1977 (Supp. 77-1).