73B-11.021. Determinations Regarding Ability to Work and Availability for Work

To be eligible for a claimed week of unemployment, a claimant must be:

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

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

(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:

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

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

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

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

(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.

(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.

(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 work. Examples of such circumstances include:

(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;

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

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

(6) For any period in which the claimant is participating in training approved by the Department as provided in Section 443.091(1)(c)2., F.S. and Rule 73B-11.022, F.A.C., the claimant is exempt from the requirements set forth in subsections (2)-(5) of this rule.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101 FS. History–New 8-25-92, Formerly 38B-3.021, Amended 8-14-08, Formerly 60BB-3.021.