a) An individual
filing for extended benefits who has a definite date to return to work for a
former employer or who has a bona fide offer of work to begin within four weeks
shall be classified as having good prospects for returning to work in his or
her customary occupation. This means that, should this individual refuse an
offer of work, that refusal shall be adjudicated pursuant to Section 603 of the
Act and Section 409K3(c)(iii) shall not apply to this individual.
b) Whether an individual's prospects of
finding work in his or her customary occupation are good shall be determined at
the time that he or she files his or her initial claim for extended benefits.
However, the classification shall be included in any determination of refusal
of work under Section 409K3(c) of the Act, and at the time, shall be subject to
review.
EXAMPLE: An individual files a claim for extended benefits
and reports that he will return to his former employer on March 31. He does not
return to work for his former employer on March 31 and then refuses an offer of
work on April 14. This refusal of work shall be adjudicated in accordance with
the provisions of Section 409K3(c) because the individual's prospects of
returning to his customary occupation were not good because he did not return
to work for his former employer as scheduled.
c) If the claimant does not start work on the
designated date, then his or her prospects of finding work in his or her
customary occupation shall no longer be considered good.
d) The individual must provide the name,
address and starting date of employment for any employer whom the individual
claims as a basis for having his or her prospects of finding work in his or her
customary occupation found to be good.
e) An individual can also show that his or
her prospects of finding work in his or her customary occupation are good by
showing that he or she was recently employed in his or her customary
occupation, that he or she recently completed training in that occupation or
that new opportunities for employment in his or her customary occupation
recently became available.
f) This
Section shall not apply to weeks beginning on or after March 7, 1993 and before
January 1, 1995.
g) This Section
shall not apply to weeks beginning on or after May 17, 2020, with respect to
individuals whose unemployment is directly impacted by COVID-19. The provisions
of this subsection (g) are applicable to the extent permitted by section
4102(b) of the Families First Coronavirus Response Act (
P.L.
116-127, Division D, Emergency Unemployment
Insurance Stabilization and Access Act of 2020 (EUISAA)).
