California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 3 - FILING, DETERMINATION, AND PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFIT CLAIMS › Section 1326-10 - Delayed Registration for Work and Filing of Unemployment Claims with Good Cause -Extension of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall, at the request of
						  the claimant, extend the period prescribed for the filing of a new, additional,
						  continued, or reopened claim, or the period within which to register for work,
						  or the 28-day period prescribed for the filing of a first or subsequent partial
						  claim under Section
						  1326-8 of these regulations, if
						  the department finds that the failure of the individual to file any such claim
						  or to register for work within the prescribed time was due to good cause,
						  including, but not limited to, any of the following:
(1) Failure on the part of the employer with
						  respect to partial unemployment benefits to comply with any of the provisions
						  of Sections
						  1326-7 and
						  1326-9 of these
						  regulations.
(2) His or her
						  employer warned, instructed or coerced him or her to prevent the prompt filing
						  of such claim, or his or her registration for work.
(3) He or she reasonably relied on
						  misleading, incomplete, or erroneous advice given to him or her by personnel of
						  the department, or relied on the failure of the department to perform an
						  affirmative duty to provide advice reasonably necessary for the protection of
						  his or her rights and the understanding of his or her duties relating to the
						  claim or registration for work. Reliance is reasonable if all of the following
						  conditions exist:
(A) He or she acted
						  reasonably in informing the department of pertinent facts and of the need for
						  specific advice as to his or her rights and duties.
(B) The department's advice was intended by
						  the department to be the basis of his or her conduct or he or she reasonably
						  believed the advice was so intended, or he or she reasonably relied upon the
						  department which failed to provide advice reasonably necessary to the
						  protection of his or her rights or the understanding of his or her
						  duties.
(C) He or she was not aware
						  that the department's advice was misleading, incomplete or erroneous, or
						  through no fault or inexcusable neglect on his or her part was not aware of the
						  true information concerning his or her rights or duties.
(4) Failure by the department to discharge
						  its responsibilities promptly in connection with such partial or other
						  unemployment.
(5) Compelling
						  reasons, or circumstances which would prevent a reasonable person under the
						  circumstances presented from filing the claim or registering for work.
						  Depending on the circumstances, this can include illness or injury of the
						  claimant or any member of the claimant's immediate family, a job interview,
						  working, lack of transportation or the unavailability of mail service for a
						  claimant in a remote area, a natural catastrophe such as an earthquake or a
						  fire or flood, a claimant who is awaiting reduced earnings statements from the
						  employer, or compelling personal affairs or problems that could not reasonably
						  be postponed such as an appearance in court or an administrative hearing or
						  proceeding, substantial business matters, attending a funeral, or relocation to
						  another residence or area.
EXAMPLE 1. Claimant A is scheduled by the department
							 to report biweekly on Thursday. On A's first regular report day, he is working
							 and does not report. A did not work on any other day, and returns to the office
							 on his second regular report day.
A's continued claims may be accepted if he is
							 otherwise eligible for the weeks preceding his first, as well as the weeks
							 preceding his second, report day. A's working was a compelling reason for not
							 reporting to the department, and reporting on his second regular report day was
							 acceptable.
EXAMPLE 2. B was laid off from his job on Friday. The
							 following Sunday B's wife was seriously injured and hospitalized. B spent all
							 week attending to his family's needs and personal affairs due to the wife's
							 injury, and seeking day care for his minor child. The following week B sought
							 to file a new claim for unemployment insurance backdated to Sunday after his
							 layoff.
B's claim can be backdated since B's failure to file
							 the preceding week was due to compelling reasons and excusable
							 neglect.
(6) The department
						  assigned a claim filed to the wrong program.
(7) Mistake, inadvertence, surprise, or
						  excusable neglect. However, "good cause" does not include negligence,
						  carelessness, or procrastination, in the absence of circumstances excusing
						  these causes for delay.
EXAMPLE 3. Claimant C has previously filed
							 unemployment insurance claims. The department has advised C of the requirements
							 for filing continued claims by mail. Claimant C for four weeks puts off or
							 forgets to file any continued claims. After several weeks, C seeks to file his
							 continued claims for all past weeks.
Claimant C's continued claims cannot be accepted for
							 any past weeks, since the failure to file is due to negligence or inexcusable
							 neglect.
EXAMPLE 4. Claimant D drew unemployment benefits and
							 then got a job. Claimant D was laid off from that job after a week but believed
							 he would quickly get another job. Thus, D delayed filing any additional claim
							 for unemployment benefits. After 3 weeks of unemployment, D sought to have his
							 additional claim backdated to the week after his layoff.
D's additional claim cannot be backdated, since D's
							 delay was due to his own decision to delay filing for benefits because he
							 expected to be reemployed. Such circumstances do not establish a basis for good
							 cause.