Haw. Code R. § 12-5-35 - Availability

(a) An individual shall be deemed able and available for work within the meaning of section 383-29(a)(3), Hawaii Revised Statutes, if the individual is able and available for suitable work during the customary work week of the individual's customary occupation which falls within the week for which a claim is filed.

(1) An individual shall be deemed able to work if the individual has the physical and mental ability to perform the usual duties of the individual's customary occupation or other work for which the individual is reasonably fitted by training and experience.

(2) An individual shall be deemed available for work only if the individual is ready and willing to accept employment for which the individual is reasonably fitted by training and experience. The individual must intend and wish to work, and there must be no undue restrictions either self-imposed or created by force of circumstances which prevent the individual from accepting employment.

(3) Notwithstanding any provisions of this subsection to the contrary, an individual who meets the definition of part-total unemployment under section 12-5-1 may be considered available for work in situations where the individual did not accept an offer of part-time work from an employer:

(A) If the offer of part-time work was not in the individual=s customary occupation or in the occupation that the individual is seeking full-time employment, and the individual was otherwise available for employment during the normal work week in the individual=s customary occupation or in the occupation that the individual is seeking full-time employment;

(B) Due to a work schedule conflict with another employer; or

(C) Due to lack of sufficient advance notice of a work schedule change.

(b) The individual must be willing to accept the wages and hours and days of employment that are prevailing or customary in the community in which the individual is seeking work. The individual must be available in a labor market area where there is a reasonable demand for the individual's services. The geographical extent of such area is limited to the area in which the individual lives and within which the individual reasonably can be expected to commute to work. An individual shall use any reasonable and available means of transportation, including public transportation and means of transportation customarily employed by persons in the individual's community. All individuals claiming benefits shall make personal efforts to find work as are customarily made by persons in the same occupation who are genuinely interested in obtaining employment. An individual shall use the facilities and methods which are normally used by persons in that person's occupation when seeking work. As an individual's length of unemployment increases and the individual has been unable to find work in the individual's customary occupation, the individual may be required to:

(1) Seek work in some other occupation for which the individual is reasonably fitted by training and experience and in which vacancies exist; or

(2) Lower the individual's wage demands; or

(3) Broaden the geographical area in which the individual will accept work; or

(4) Accept counseling for possible retraining or a change in occupation.

The above alternatives shall be considered in light of the improving or deteriorating state of the economy of the individual's labor market area, the existing and reasonably foreseeable level of demand in the various occupations for which the individual is reasonably fitted, the wages being offered at that time, and other similar factors.

(c) An individual may be considered available for work for any week in which the individual has met the work search requirements of this section.

(1) The individual shall make a minimum of three work search contacts each week, unless otherwise provided in this subsection.

(2) The individual shall maintain a record of all work search contacts and may be required to submit such record upon request by the department.

(3) Activities that constitute work search contacts, include but are not limited to:

(A) Registering for work at the employment office in accordance with section 383-29(a)(2), Hawaii Revised Statutes;

(B) Registering for work with a private employment agency or placement facility of a school, college or university;

(C) Applying for work, submitting resumes or interviewing with potential employers;

(D) Utilizing employment resources available at employment offices that identify the individual's skills in occupations in demand in the local labor market area;

(E) Attending job search seminars, job clubs, or other employment workshops that offer instruction in improving an individual's skills for seeking and obtaining employment; and

(F) Conducting other work search activities which are made by individuals in the same or similar occupation who are genuinely interested in obtaining work or as may be provided by the department.

(4) An individual shall be exempted from the work search requirements of this subsection, or be subject to modified work search requirements as authorized by the department if the individual:

(A) is waived from registration for work requirements under section 12-5-31;

(B) is participating in approved training under section 383-29(e), Hawaii Revised Statutes;

(C) has otherwise been instructed by the department to be conducting work search activities in a manner consistent with and reflective of local area policies and local labor market opportunities; or

(D) for any other reason that has been determined by the department to meet work search requirements that are consistent with industry practices or are customary for the occupation.

(5) An individual who fails to comply with the requirements of this subsection may be considered not available for work and be held ineligible for benefits.

(d) For the waiver, due to illness or disability, of the availability requirement of section 383-29(a)(3), Hawaii Revised Statutes, to apply, an individual shall have registered for work, as provided by law and this chapter, prior to the onset of the illness or disability, and shall have filed an initial claim to establish that individual's eligibility for benefits prior to the beginning of the illness or disability. Illness or disability shall be evidenced by a physician's certificate.

If the incapacitated individual is offered work which would have been suitable prior to the individual's illness or disability and the individual cannot accept such work because of the individual's illness or disability, the waiver shall not apply.

"Offered work" as used in this subsection means a direct offer of work by an employer or employer's authorized representative, or referral to a job or a call-in made by the employment office for purposes of referral to suitable work

(e) Notwithstanding any other provisions in this section, an individual shall not be deemed able and available for work during any week with respect to which the individual is receiving or has received compensation for temporary partial or temporary total disability under the workers' compensation law of any state.

Notes

Haw. Code R. § 12-5-35

[Eff. 6/26/81; am 10/12/00; am 11/6/06] (Auth: HRS § 383-92) (Imp: HRS § 383-29(a)(3))