60BB-3.021. Determinations Regarding Ability to Work and Availability for Work (Transferred)  


Effective on Thursday, August 14, 2008
  • 1T2o be eligible for a claimed week of unemployment, a claimant must be:

    15(1) Authorized to work in the United States; and

    24(2) Able to work and available for work during the major portion of the claimant’s customary work week; and

    43(3) Actively seeking work in a manner customary to the occupation in which work is being sought. Factors to be considered in determining whether the claimant has conducted an active work search are:

    76(a) The number of job contacts made by the claimant and the dates the contacts were made; and

    94(b) Whether the type of work being sought is reasonable considering the claimant’s background, training, abilities, and duration of unemployment; and

    115(c) Whether the claimant possesses the necessary license, certification and tools to perform the type of work being sought; and

    135(d) Whether the claimant is on a temporary layoff; and

    145(e) Whether the claimant is on a seasonal layoff and resides in a geographical area in which no suitable off-season work prospects are available.

    169(4) Free of unreasonable occupational restrictions regarding wages, hours, place and type of work in relation to the claimant’s training, experience, work history, and local labor market conditions.

    197(5) Free of personal circumstances which would substantially limit or restrict the claimant from conducting an active work search or accepting an offer of suitable 222work223. Examples of such circumstances include:

    229(a) Attendance at school or a training course during customary work hours unless the claimant continues to actively seek work and is willing to change or forego classes or training that interfere with the claimant’s ability to accept work;

    268(b) Absence from the local area unless the absence is for 279the primary purpose of seeking work 285or working; or

    288(c) Domestic responsibilities and conditions which substantially interfere with the claimant’s ability to seek and accept suitable work.

    306(6) For any period in which the claimant is participating in training approved by the Agency as provided in Section 326443.091(1)(c)2., F.S. 328and Rule 33060BB-3.022, 331F.A.C., the claimant is exempt from the requirements set forth in subsections (2) through (5) of this rule.

    349Specific Authority 443.1352313537(3541355)(356b357) FS. Law Implemented 361443.091, 362443.101 FS. 364History365–New 8-25-92, Formerly 38B-3.021, Amended 8-14-08.

     

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