Ariz. Admin. Code § R6-3-52450 - Time (able and Available 450)

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

A. A claimant who although willing to work full time, but who restricts himself to specific hours may be unavailable for work. The criterion is whether the restriction is such that it results in too narrow a market for his services in the locality in which he will work. When a claimant is unwilling to accept work requiring certain hours and the work is unsuitable for the claimant or he has good cause for its refusal, rejection of an offer of such work does not affect his availability.
B. To be considered available for work, a claimant must be willing to accept suitable work during hours which afford him reasonable possibilities of obtaining work in the locality.
C. When a claimant is unwilling to work during the hours prevailing for his kind of work, it is sometimes difficult to know whether the claimant is accessible to a substantial amount of work. As in other borderline cases, we look to the objective signs of the claimant's willingness to work. Factors to be considered are the claimant's work history, and whether his restriction to certain hours resulted from domestic necessities, or reasons of health, etc. The time restriction, which are within the worker's control, more easily show an unwillingness to work.
D. A claimant who excludes employment requiring night hours is unavailable only when such hours are customary in his occupation or industry and there is not a substantial labor market during other hours.
E. A claimant who restricts himself to night work because of personal reasons which are not compelling is unavailable for work, unless a substantial labor market remains for him.

Notes

Ariz. Admin. Code § R6-3-52450
Former rule number Able and Available 450. Former rule repealed, new Section R6-3-52450 adopted effective January 24, 1977 (Supp. 77-1).

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