V.I. Code tit. 24, § 304 (2019)
2019 US Virgin Islands Code|Title 24 - Labor|Chapter 12 - Virgin Islands Unemployment Insurance|§ 304. Conditions for receipt of benefits—Eligibility for benefits

 (a)  (1) An insured worker shall be eligible for and shall receive waiting-week credit or benefits, as the case may be, for any week of his unemployment with respect to which he has not been determined to be disqualified under subsection (b) of this section if such worker has, in accordance with regulations prescribed by the Commissioner of Labor, with respect to such week: (A) filed a notice of his unemployment; (B) registered for work; and (C) certified for waiting-week credit or filed a claim for benefits, as the case may be. No benefits are payable for a waiting week and no benefits are payable for any week of unemployment occurring within the benefit year period prior to the completion of such waiting week. (2) Benefits based on service in employment defined in section 302(k)(1)(B) and (C) shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter except that, with respect to service in an instructional, research, or principal administrative capacity for an educational institution, including an institution of higher education, benefits shall not be paid based on such services for any week of unemployment beginning after December 31, 1977, which commences during the period between two successive academic years or terms, or during a similar period between two regular but not successive terms, or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if such individual performs such services in the first of such academic years (or terms) and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. (3) With respect to services in any other capacity than those described in paragraph (2) above for an educational institution benefits based on such services shall not be paid to any individual for any week of unemployment which begins during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms, except that if benefits are denied to any individual under this paragraph and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this paragraph. (4) With respect to any services described in paragraphs (2) and (3) above, benefits based on such services shall not be paid for any week which begins during established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation or holiday recess. (5) With respect to any services described in paragraphs (2) or (3), benefits payable on the basis of services in any such capacity shall be denied as specified in paragraphs (2), (3) and (4) to any individual who performs such services in any educational institution while in the employ of an educational service agency, and for this purpose the term “educational service agency” means a governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions. (6) Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences after December 31, 1977, and during the period between two successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the later of such seasons (or similar periods). (7)  (A) Benefits shall not be paid for any week which commences after December 31, 1977, on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed (including an alien who was lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the Immigration and Nationality Act). (B) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. (C) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence. Disqualification  (b) An insured worker shall not be disqualified for waiting-week credit or benefits for any week of his unemployment unless with respect to such week the Commissioner of Labor finds that: (1) he was not able to work or was not available for suitable work for such week or was not making reasonable efforts in seeking suitable work on his own initiative in the light of prevailing economic conditions; or (A) he has failed to participate in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the Commissioner, unless the Commissioner determines that: (i) the individual has completed such services; or (ii) there is justifiable cause for his failure to participate in such services; or (2) he left his most recent suitable work voluntarily without good cause, in which case he shall be disqualified for the week in which he left work and beginning with the first day of the week following the week in which the separation occurred until he has worked in at least four subsequent weeks (whether or not consecutive) and earned not less than four times his weekly benefit amount; or (3) he was discharged for misconduct connected with his most recent work, in which case he shall be disqualified for the week in which he was discharged and beginning with the first day of the week following the week in which he was discharged until he has worked in at least four subsequent weeks (whether or not consecutive) and earned not less than four times his weekly benefit amount; or (4) he has failed without good cause either to apply for available suitable work to which he was referred by the Employment Service or to accept suitable work offered him, in which case he shall be disqualified for the week in which such failure occurred and beginning with the first day of the week following such week until he has worked in at least four subsequent weeks (whether or not consecutive) and earned not less than four times his weekly benefit amount; or (5) he has received or is seeking unemployment benefits under any other employment security law, for such week or part thereof; but if the appropriate agency finally determines that he is not entitled to benefits under such other law, this paragraph shall not apply; or (6) his unemployment for such week was caused by a labor dispute in active progress at the factory, establishment or premises at which he maintains a current employment relationship. For the purposes of this paragraph each separate department of the same premises which is commonly conducted as a separate business in separate premises shall be deemed to be a separate factory, establishment or premises; Provided, That this paragraph shall not apply if the Commissioner finds that such worker (A) was not participating in, or directly interested in, the labor dispute and did not belong to a grade or class of workers of which immediately before the labor dispute, there were members employed at the premises at which the labor dispute occurred, any of whom were participating in, or directly interested in, the labor dispute; or (B) did belong to a grade or class of workers who were participating in, or directly interested in, a labor dispute that resulted in a lockout of such grade or class of workers by their employer; or (7) he has been suspended by his employer as a disciplinary measure for misconduct connected with his work, in which case he shall be disqualified for the period of such suspension or until he has worked in at least four subsequent weeks (whether or not consecutive) and earned four times his weekly benefit amount, whichever occurs first. (8) Notwithstanding any other provisions of this subsection, no otherwise eligible individual shall be denied benefits for any week because he is in training with the approval of the Commissioner, nor shall such individual be denied benefits with respect to any week in which he is in training with the approval of the Commissioner by reason of the application of provisions in paragraph (1) of this subsection relating to availability for work, or the provisions of paragraph (4) of this subsection relating to failure to apply for, or a refusal to accept, suitable work. (9) Notwithstanding any other provisions of this subsection, no otherwise eligible individual shall be denied benefits for any week solely on the basis of pregnancy or termination of pregnancy. (10) Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because he or she is in training approved under Section 236(a)(1) of the Federal Trade Act of 1974, 19 U.S.C. 2296, or any amendments thereto, nor shall such individual be denied benefits by reason of leaving work to enter such training, provided the work left is not suitable employment, or because of the application to any such week in training of provisions in this law (or any applicable federal unemployment compensation law), relating to availability for work, active search for work, or refusal to accept work. For purposes of this paragraph, the term “suitable work” or “suitable employment” means with respect to an individual, work of substantially equal or higher skill level than the individual's past adversely affected employment (as defined for purposes of the Federal Trade Act of 1974, P.L. 93–618, as amended) and wages for such work at not less than 80 percent of the individual's average weekly wage as determined for the purposes of the Federal Trade Act of 1974, P.L. 93–618, as amended. (11) Notwithstanding any other provision of this subsection relating to availability for work, active search for work, or refusal to accept work, no otherwise eligible individual shall be denied benefits for any week solely because such individual is seeking only part-time work. “Seeking part-time work” means a situation in which an individual is willing to work at least 20 hours a week. (12) Notwithstanding any other provisions of this subsection, an individual may not be disqualified for separating from work under any of the following circumstances: (A)  (i) The individual is a victim of domestic violence, as defined by title 16 Virgin Islands Code section 91(b) and (c) which is verified by reasonable and confidential documentation or any other kind of evidence that reasonably proves domestic violence that causes the individual reasonably to believe that the individual's continued employment would jeopardize the safety of the individual or any member of the individual's immediate family. (ii) for purposes of the this subparagraph, an individual's “immediate family” includes the spouse or domestic partner of the individual, children, including stepchildren and adoptive children, grandchildren, siblings of the individual, parents and grandparents of the individual and parents and siblings of the individual's spouse or domestic partner and members of the individual's household. (iii) The Commissioner or the Commissioner's designee shall gather sufficient facts to support any eligibility determination which may include verification of the individual's belief that the individual's, continued employment would jeopardize the safety of the individual or a member of the immediate family. The Commissioner may verify the individual's belief by requesting a statement supporting recent domestic violence from a qualified professional from whom the individual has sought assistance, such as a counselor, shelter worker, member of the clergy, attorney, or health worker. (B) Illness or disability exists for a member of the individual's immediate family. For purposes of this subparagraph, “illness” means a verified illness that necessitates the care of the ill person for a period of time longer than the employer is willing to grant leave, paid or otherwise. “Disability” means a verified disability that necessitates the care of the disabled person for a period of time longer than the employer is willing to grant leave, paid or otherwise. “Disability” encompasses all types of disability, including: (i) mental and physical disability; (ii) permanent and temporary disabilities; or (iii) partial and total disabilities. For purposes of this subparagraph an individual's immediate family includes the individual's spouse, children, grandchildren, parents, siblings, and parents-in-law. (C) There is a need for the individual to accompany the individual's spouse: (i) to a place from which it is impractical for such individual to commute; (ii) due to change in location of a spouse's employment. Suitable work  (c)  (1) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under any provision of this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (A) if the position offered is vacant due directly to a strike, lockout, or other labor dispute; (B) if the wages, hours, or other conditions of work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (C) if, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization. (2) In determining whether any work is suitable for a claimant and in determining the existence of good cause for leaving or refusing any work, the Commissioner of Labor shall, in addition to determining the existence of any of the conditions specified in paragraph (1) of this subsection, consider the degree of risk to the claimant's health, safety, and morals, his physical fitness for the work, his prior training and experience, his prior earnings, the length of his unemployment, his prospects for obtaining work at his highest skill, the distance of the available work from his residence, his prospects for obtaining local work, and such other factors as would influence a reasonably prudent person in the claimant's circumstances. (d) The amount of benefits payable to an individual for any week which begins after March 31, 1980, and which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced (but not below zero) by an amount equal to the amount of such pension, retirement or retired pay, annuity or any other payment which is reasonably attributed to such week. Such reduced amount, if not a multiple of $1.00, shall be computed to the next lower multiple of $1.00. However, the amount of benefits payable to an individual under this chapter shall not be reduced with respect to payments made by a labor organization to the individual during the course of a lockout. If such individual has contributed as an employee toward such Governmental or other pension, retirement or retired pay, annuity, or other periodic payment, then the Commissioner shall take such employee contribution into account by disregarding the payment of pension or retirement benefits entirely and may not subject the amount of benefits otherwise payable to such individual under this chapter to any reduction under this subsection.