reglab/statecodes huggingface dataset:
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 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256.1-1 - Incarceration -Absence from Work. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 4-18-80; effective thirtieth day thereafter (Register 80, No.
							 16).
2. Amendment of subsection (d)(1) filed 1-28-82; effective
							 thirtieth day thereafter (Register 82, No. 5).
3. Change without
							 regulatory effect repealing Section
							 1256.1-1 (Register 87, No.
							 40).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								1256
								and
								1256.1,
								Unemployment Insurance Code.
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 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256.4-1 - Purge of Disqualification for Irresistible Compulsion to Use or Inability to Abstain from Using Intoxicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An individual who has been disqualified
						  for unemployment benefits because of a discharge from work or a leaving of
						  employment resulting from an irresistible compulsion to use or consume
						  intoxicants may purge the disqualification under Section
						  1256.4 of the code by
						  participation in a treatment program which satisfies the conditions of
						  subdivision (b) and by submitting to the department a written certification
						  from a physician or authorized treatment program administrator that the
						  individual is in or has completed the treatment program and is able to
						  work.
(b) Participation in a
						  treatment program, public or private, will permit the purging of a
						  disqualification if the treatment program meets one of the following
						  conditions:
(1) The treatment program is
						  officially licensed or certified by the State Department of Alcohol and Drug
						  Programs (ADP) or the State Department of Health Services (DHS) or is licensed
						  by or satisfies a program review by the state in which the program is
						  located.
(2) The treatment program
						  is an established self-help program as determined by the department as having a
						  recognized record in the community for success in treating individuals addicted
						  to alcohol or drugs. This includes programs such as Alcoholics Anonymous (AA)
						  and Narcotics Anonymous (NA), even though they do not meet the minimum
						  standards for ADP licensure or certification.
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 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256.5-1 - Purge of Disqualification for Irresistible Compulsion to Use or Inability to Abstain from Using Intoxicants. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 10-22-92; operative 11-23-92 (Register 92, No. 43).
2.
							 Change without regulatory effect renumbering former section
							 1256.5-1 to new section
							 1256.4-1 filed 8-31-2006 pursuant
							 to section
							 100, title 1, California Code of
							 Regulations (Register 2006, No. 35).
Note: Authority cited: Section
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1256.5,
								Unemployment Insurance Code.
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 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1260(a)-1 - Purging Disqualification-Voluntary Leaving or Discharge for Misconduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This
						  section interprets subdivision (a) of Section
						  1260 of the code which provides
						  for a purge of a disqualification under Section
						  1256 of the code if a disqualified
						  individual, after the act causing disqualification, performed service in bona
						  fide employment for which remuneration is received equal to or in excess of
						  five times his or her weekly benefit amount. Sections
						  1256-1 to
						  1256-43, inclusive, of these
						  regulations interpret various circumstances relating to what is good cause for
						  voluntary leaving of most recent work and when a discharge is for misconduct
						  connected with the most recent work.
(b) Bona Fide Employment. The basic test to
						  determine whether employment is "bona fide" to purge a disqualification under
						  Section 1256 of the code is whether the
						  total facts lead reasonably to a conclusion that the individual was in good
						  faith genuinely attached to the labor market. An individual was not engaged in
						  bona fide employment, however, if he or she admittedly worked for the sole,
						  primary, or dominant purpose of avoiding and purging a disqualification under
						  Section 1256 of the code. No fixed rule
						  can govern when employment is "bona fide," but the following factors shall be
						  considered by the department:
(1) The manner
						  in which the employment was obtained, and the nature and extent of the
						  claimant's search for work.
(2)
						  Whether the employment was in the regular course of the employer's
						  business.
(3) Whether the employer
						  had previously hired someone for the job, and whether someone was hired for the
						  job after the claimant asserting purging relief was separated from the
						  job.
(4) Whether the employment was
						  in the claimant's usual occupation.
(5) Whether the wages for the employment were
						  equivalent to the claimant's wages in his or her usual occupation or last
						  preceding employment.
(6) Whether
						  the claimant is willing to accept future employment of the same kind and under
						  the same conditions as the employment asserted as the purging
						  employment.
(7) The claimant's
						  reasons for accepting the employment, the length of the employment, and the
						  reasons for the termination of the employment.
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 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1260-1 - Week of Ineligibility-Fixed Disqualification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer filed 1-28-82; effective thirtieth day thereafter (Register 82, No.
							 5).
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 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1262-1 - Week of Ineligibility-Trade Disputes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
With respect to acts or periods of ineligibility
							 under Section
							 1262 of the code "week of
							 ineligibility" shall be any week or weeks applicable to the individual under
							 these regulations, during any portion of which his or her unemployment is due
							 to his or her having left his or her work because of a trade dispute and for
							 the period during which he or she continues out of work by reason of the fact
							 that the trade dispute is still in active progress in the establishment in
							 which he or she was employed.
1.
							 Amendment filed 1-28-82; effective thirtieth day thereafter (Register 82, No.
							 5).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1262,
								Unemployment Insurance Code.
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 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1262-2 - Trade Disputes -Notification to Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever individuals leave their work
						  because of a trade dispute under conditions which may disqualify such
						  individuals from benefits pursuant to the provisions of Section
						  1262 of the code, the employing
						  unit, within ten days of the date individuals left such work, shall notify the
						  department at its office in Sacramento or such other office of the department
						  as may be designated by an authorized representative of the department. Such
						  notification shall include separately for each union involved:
(1) The name and address of the employing
						  unit;
(2) A statement that a trade
						  dispute exists;
(3) The name and
						  address of the union (or unions) claiming to represent the individuals who left
						  work because of a trade dispute; and
(4) Such other information as may be
						  prescribed by the department.
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 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1264-1 - Services Performed by Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The wages that compensate the services
						  performed by an alien may be used as the basis for the payment of unemployment
						  compensation benefits, extended duration benefits, and federal-state extended
						  benefits to the extent that the alien was in one of the following immigration
						  statuses while performing the services:
(1)
						  Lawfully admitted to the United States for permanent residence.
(2) Lawfully present in the United States for
						  the purpose of performing the services.
(3) Permanently residing in the United States
						  under color of law, also referred to as "PRUCOL."
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 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1265.6-1 - Allocation of Holiday Payments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 11-3-94 as an emergency; operative 11-3-94 (Register 94, No. 44).
							 A Certificate of Compliance must be transmitted to OAL by 4-3-95 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. New section refiled 2-28-95 as an emergency; operative
							 3-3-95 (Register 95, No. 9). A Certificate of Compliance must be transmitted to
							 OAL by 7-3-95 or emergency language will be repealed by operation of law on the
							 following day.
3. Repealed by operation of Government Code section
							 11346.1(g)
							 (Register 95, No. 50).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1265.6,
								Unemployment Insurance Code.
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 1.5 - RETRAINING BENEFITS › Section 1267-1 - Training Benefits -Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of Section
							 1267-2 of these regulations and
							 Section 1267 of the code:
(a) "Apprentice" means only an individual at
						  least 16 years of age who is in training under apprenticeship standards and a
						  written apprenticeship agreement pursuant to Chapter 4 (commencing with Section
						  3070) of Division 3 of the Labor
						  Code.
(b) "Training" means
						  work-related programs approved by the department, including but not limited to,
						  classroom training, instruction, or on-the-job training for an
						  apprentice.
1. New
							 section filed 8-3-79; effective thirtieth day thereafter (Register 79, No.
							 31).
2. Change without regulatory effect repealing subheading filed
							 1-24-2002 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 2002, No. 4).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1267,
								Unemployment Insurance Code.
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 1.5 - RETRAINING BENEFITS › Section 1267-2 - Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any apprentice, otherwise eligible for benefits under
							 the code, who is in training is eligible to receive such benefits for any week
							 during which he or she is otherwise unemployed and participates in training,
							 and such benefits shall not be denied to any apprentice for any such week
							 because of the application of any provisions of the code relating to
							 availability for work, active search for work, or refusal to accept
							 work.
1. New
							 section filed 8-3-79; effective thirtieth day thereafter (Register 79, No.
							 31).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1267,
								Unemployment Insurance Code.
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 1.5 - RETRAINING BENEFITS › Section 1267-3 - Approved Training. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 7-13-2000 as an emergency; operative 7-13-2000 (Register 2000,
							 No. 28). A Certificate of Compliance must be transmitted to OAL by 11-10-2000
							 or emergency language will be repealed by operation of law on the following
							 day.
2. New section refiled 11-6-2000 as an emergency, including
							 amendment of subsection (b); operative 11-6-2000 (Register 2000, No. 45). A
							 Certificate of Compliance must be transmitted to OAL by 3-6-2001 or emergency
							 language will be repealed by operation of law on the following
							 day.
3. Repealed by operation of Government Code section
							 11346.1(g)
							 (Register 2001, No. 38).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1267,
								Unemployment Insurance Code.
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 2 - COMPUTATION (AMOUNT AND DURATION) › Section 1277-1 - Computation of Benefits Under Sections 1277 and 1281 of the Code -Base Period and Calendar Quarter. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
							 15).
2. Repealer filed 1-28-82; effective thirtieth day thereafter
							 (Register 82, No. 5).
Note: Authority cited: Section
								1277,
								Unemployment Insurance Code.
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 2 - COMPUTATION (AMOUNT AND DURATION) › Section 1277-2 - Definition of "Work"

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of Sections
							 1277 and
							 1277.5 of the code:
(a) "Work" means services performed by a
						  person for remuneration under a bona fide contract with and payable by another
						  person, including any employing unit, and includes services performed for
						  income or earnings in self-employment, or as an employee as defined by Section
						  621 of the code, or as an
						  independent contractor for a principal, or as an employee under the usual
						  common law or admiralty rules regardless of whether the services are in
						  "employment" under the code, and services which an employee is ready, willing
						  and able to perform but is involuntarily prevented from performing by the
						  actions of his or her employer.
(b)
						  "Remuneration" as used in subdivision (a) of this regulation includes call-in
						  or stand-by pay, but does not include "other benefits" as defined by Section
						  2629 of the code, pay for sick
						  leave, vacation pay, back pay, supplemental unemployment benefit payments,
						  severance, dismissal or separation pay, in-lieu-of-notice pay, or prizes,
						  awards, or other gains received in any drawing, game, or contest.
1. New
							 section filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
							 15). For history of former section
							 1277-2, see Register 72, No.
							 24.
2. Amendment of subsection (b) filed 1-28-82; effective
							 thirtieth day thereafter (Register 82, No. 5).
3. Amendment of
							 subsection (a) filed 8-24-92; operative 9-23-92 (Register 92, No.
							 35).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1277,
								Unemployment Insurance Code.
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 2.4 - WORK SHARING UNEMPLOYMENT INSURANCE BENEFITS › Section 1279.5-3 - Effective Date of Work Sharing Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application for a new work sharing
						  plan must be mailed and have a postmark date within 28 days of the first
						  contact date to be considered timely.
(1) If
						  a timely application for a new work sharing plan has been submitted to the
						  department, the effective date of the work sharing plan shall be no earlier
						  than the Sunday before the first contact date with the department to apply for
						  the work sharing program. If the contact is made by mail, the postmark date of
						  the envelope containing the employer's correspondence shall be considered the
						  first contact date.
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 2.4 - WORK SHARING UNEMPLOYMENT INSURANCE BENEFITS › Section 1279.5-4 - Expanding Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
						  add work unit(s) covered by the collective bargaining agreement to a previously
						  approved work sharing plan, the work sharing employer shall submit an
						  additional application and provide the information as described in Section
						  1279.5-2 of these
						  regulations.
(b) The effective date
						  of the expanded coverage shall be no earlier than the previously approved work
						  sharing plan.
1. New
							 section filed 3-11-94 as an emergency; operative 3-11-94 (Register 94, No. 10).
							 A Certificate of Compliance must be transmitted to OAL by 7-11-94 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 3-11-94 order transmitted to
							 OAL 7-11-94 and filed 8-18-94 (Register 94, No. 33).
3. Governor
							 Newsom issued Executive Order N-50-20 (2019 CA EO 50-20), dated April 15, 2020,
							 which allows the Employment Development Department to waive strict compliance
							 with certain provisions relating to access to the Work Share program for
							 lay-off aversion, due to the COVID-19 pandemic.
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1279.5,
								Unemployment Insurance Code.
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 2.4 - WORK SHARING UNEMPLOYMENT INSURANCE BENEFITS › Section 1279.5-5 - Work Sharing Employer Responsibilities in the Claim Filing Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The work
						  sharing employer shall complete a certification to enable an employee to file a
						  claim for weekly or bi-weekly work sharing benefits.
(b) The work sharing employer shall issue the
						  certification to the employee by the later of either the fourteenth calendar
						  day after the end of the week to which the certification applies, or the
						  fourteenth calendar day after the department sends written notification to the
						  work sharing employer that its work sharing plan has been approved.
(c) The issuance date of the certification
						  may be extended, with the approval of the department, in cases where the
						  department deems the work sharing employer has attempted, in good faith, to
						  meet the timelines in Section
						  1279.5-5 subsection (b) of these
						  regulations.
(d) The certification
						  shall be considered "issued" to the employee on the date of the occurrence of
						  any of the following events:
(1) Hand
						  delivered to the employee, or
(2)
						  Mailed to the employee, or
(3) Made
						  available to the employee at a pickup point familiar to the
						  employee.
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 2.4 - WORK SHARING UNEMPLOYMENT INSURANCE BENEFITS › Section 1279.5-6 - Claimant Responsibilities in the Claim Filing Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Filing the initial claim. The employee
						  shall file the first certification received from the work sharing employer with
						  the department and complete a new claim as specified in Section
						  1326-2 of these regulations no
						  later than fourteen calendar days after the date the certification was issued
						  by the work sharing employer.
(b)
						  Filing continued certifications. The claimant shall complete and present to the
						  department the certification received from the work sharing employer no later
						  than fourteen calendar days after the date it was issued by the work sharing
						  employer. If the certification is mailed to the department, it must be
						  postmarked no later than fourteen calendar days after the date it was issued by
						  the work sharing employer.
(c) On
						  each certification the information provided by the claimant shall include:
(1) Whether the claimant had a change of
						  address or telephone number that week. If so, the claimant shall supply the new
						  address and/or telephone number.
(2) If there were any reasons, other than
						  work sharing, for not accepting all work offered to the claimant by the work
						  sharing employer during the week to which the certification applies, such as,
						  jury duty, holiday, illness, or personal leave. If so, the claimant shall
						  provide the date(s) and reason the claimant could not work.
(3) Whether the claimant worked for someone
						  other than the work sharing employer or was self-employed during the week to
						  which the certification applies. If so, the claimant shall provide the
						  following:
(A) The name and address of the
						  non-work sharing employer.
(B) The
						  last date worked for the non-work sharing employer.
(C) The gross earnings from the non-work
						  sharing employer, or from jury duty, or net earnings from self-employment for
						  the week to which the certification applies, whether paid or not.
(D) A statement as to whether or not the
						  claimant is still working for the non-work sharing employer and, if not, the
						  date and reason for the separation from employment.
(4) A statement that:
(A) The information provided is true and
						  correct to the best of the claimant's knowledge, and
(B) The claimant understands that the law
						  provides for a fine and/or imprisonment for making false statements or
						  withholding facts to receive unemployment insurance
						  benefits.
(5) The
						  claimant's original signature and the date signed.
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 2.4 - WORK SHARING UNEMPLOYMENT INSURANCE BENEFITS › Section 1279.5-7 - Calculation of Wage Reduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To calculate the percentage by which an
						  employee's normal weekly wages were reduced during a week as a result of a work
						  sharing plan, the work sharing employer shall:
(1) Subtract the actual (reduced) wages
						  earned during the work sharing week (wages are described below in subsection
						  (b) of these regulations) from the normal weekly wages (wages the employee
						  earned before the implementation of the work sharing plan), and
(2) Divide the difference (obtained in above
						  subsection (a)(1) of these regulations) by the normal weekly wages.
Example: The claimant's normal weekly wages are
							 $420.00. However, due to work sharing reductions, the claimant's actual wages
							 earned during the work sharing week are $336.00. The claimant's wages have been
							 reduced by $84.00 ($420.00 - $336.00 = $84.00). To determine the percentage of
							 wage reduction, divide the amount the wages have been reduced by the normal
							 weekly wages, this figure is the percentage by which the normal weekly wages
							 were reduced ($84.00 / $420.00 = .20, or a 20% reduction in the normal weekly
							 wages.
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 2.4 - WORK SHARING UNEMPLOYMENT INSURANCE BENEFITS › Section 1279.5-8 - Calculation of Hour Reduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To calculate the percentage by which an
						  employee's normal weekly hours of work were reduced as a result of a work
						  sharing plan, the work sharing employer shall:
(1) Subtract the actual (reduced) hours
						  worked during the work sharing week (hours worked are described below in
						  subsection (b) of these regulations) from the normal weekly hours of work
						  (hours the employee would have worked) before the implementation of the work
						  sharing plan), and
(2) Divide the
						  difference (obtained in above subsection (a)(1) of these regulations) by the
						  normal weekly hours of work.
Example: The claimant's normal weekly hours of work
							 are 40. However, due to work sharing, the claimant's hours were reduced to 32.
							 The claimant's hours have been reduced by 8 hours (40 - 32 = 8). To determine
							 the percentage of hour reduction, divide the amount the hours have been reduced
							 by the normal weekly hours worked, this figure is the percentage by which the
							 normal weekly hours were reduced (8 / 40 = .20, or a 20% reduction in the
							 normal weekly hours of work).
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 2.4 - WORK SHARING UNEMPLOYMENT INSURANCE BENEFITS › Section 1279.5-9 - Refusal to Approve Work Sharing Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The director may refuse to approve a new
						  or subsequent work sharing plan for good cause. Good cause shall include but
						  not be limited to:
(1) The work sharing
						  employer's failure to comply with the timeliness requirements contained in
						  Section 1279.5-5 of these regulations with
						  respect to a prior work sharing plan submitted by that work sharing employer,
						  or
(2) The work sharing employer's
						  failure to provide the information (described in Section
						  1279.5-5 of these regulations)
						  necessary to process claims under a prior work sharing plan submitted by that
						  work sharing employer, or
(3) The
						  work sharing employer willfully providing false information, or withholding
						  material information, related to the approval of a prior work sharing plan
						  submitted by that work sharing employer, or
(4) The work sharing employer including
						  employees in the work sharing plan who are leased or temporary service
						  employees from another employer, or
(5) The work sharing employer including
						  employees in the work sharing plan who are provided to another employer either
						  as leased or temporary service employees.
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 2.4 - WORK SHARING UNEMPLOYMENT INSURANCE BENEFITS › Section 1279.5.-10 - Termination of a Work Sharing Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The director may terminate a work sharing plan for good cause. Good cause shall
						  include but not be limited to:
(1) The work
						  sharing employer's failure to comply with the timeliness requirements of
						  Section 1279.5-5 of these regulations,
						  unless the work sharing employer provides evidence satisfactory to the
						  department that such failure was inadvertent, and that the work sharing
						  employer at all times acted diligently, and without procrastination,
						  negligence, or carelessness, or
(2)
						  The work sharing employer's failure to provide the necessary information to
						  process the claims for work sharing benefits as contained in Section
						  1279.5-5 of these regulations,
						  or
(3) The work sharing employer
						  willfully providing false information or withholding material information
						  related to the approval of a work sharing plan, or related to the filing of
						  certifications for work sharing benefits, for the purpose of gaining approval
						  of the work sharing plan, or
(4)
						  The work sharing employer includes employees in the work sharing plan who are
						  leased or temporary service employees from another employer, or
(5) The work sharing employer includes
						  employees in the work sharing plan who are provided to another employer either
						  as leased or temporary service employees.
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 2.7 - IRREGULAR OR INFREQUENT WAGE PAYMENTS › Section 1282-1 - Allocations of Wages Paid at Irregular or Infrequent Intervals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of determining a claimant's maximum
							 benefits and weekly benefit amount for unemployment compensation benefits, when
							 because of the irregular or infrequent intervals of the wage payments, wage
							 records would not otherwise fairly indicate the claimant's employment during
							 his base period, the department shall apportion the amount of such wage
							 payments among the calendar quarters covered by the wages according to the
							 length of employment in each of such quarters.
1. New
							 section filed 9-5-61; designated effective 9-15-61 (Register 61, No.
							 18).
2. Amendment of NOTE filed 1-28-82; effective thirtieth day
							 thereafter (Register 82, No. 5).
3. New article 2.7 heading filed
							 3-11-94 as an emergency; operative 3-11-94 (Register 94, No. 10). A Certificate
							 of Compliance must be transmitted to OAL by 7-11-94 or emergency language will
							 be repealed by operation of law on the following day.
4. Certificate
							 of Compliance as to 3-11-94 order transmitted to OAL 7-11-94 and filed 8-18-94
							 (Register 94, No. 33).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1282,
								Unemployment Insurance Code.
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 1326-3 - Identity Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  A claimant will be required to provide information to the department as
						  described in Sections
						  1326-2,
						  1326-4,
						  1326-5, or
						  1326-6 of this Division. The
						  information provided by the claimant must be sufficient for the department to:
(1) establish the identity of the claimant,
						  and;
(2) verify that the wages
						  reported under the social security number provided belong to the
						  claimant.
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 1326-4 - Additional Claims for Unemployment Benefits Filing and Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Additional
						  claim" means an application which certifies to the beginning date of a period
						  of unemployment:
(1) Which falls within a
						  previously established benefit year, extended duration period, or extended
						  benefit period,
(2) When a break of
						  one or more weeks has occurred in the claim series with intervening employment.
						  There has been a break in the claim series with intervening employment under
						  any of the following circumstances:
(A) The
						  claimant filed a continued claim or partial claim for a week in which he or she
						  was ineligible for benefits pursuant to section
						  1279 of the code due to excessive
						  earnings from services performed in employment during such week. (See sections
						  1326-6 and
						  1326-8 of these regulations for
						  definitions of continued claim and partial claim.)
(B) The claimant was ineligible to file a
						  continued claim or partial claim for a week because he or she was not
						  unemployed, as defined in section
						  1252 of the code, in such
						  week.
(C) The claimant failed to
						  file a continued claim or partial claim for a week during which he or she
						  performed compensated services in employment.
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 1326-5 - Reopened Claim for Unemployment Benefits -Filing and Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Reopened claim" means an application
						  which certifies to the beginning date of a period of unemployment:
(1) Which falls within a previously
						  established benefit year, extended duration period, or extended benefit period,
						  and
(2) Which follows any of the
						  following:
(A) A period of one or more weeks
						  for which the claimant failed to file a continued claim or partial claim and
						  during which the claimant did not perform services in employment.
(B) A period of one or more weeks for which
						  the claimant was ineligible for benefits for a definite period and for which
						  continued claims or partial claims were filed, unless with respect to any week
						  during such period, the claimant was ineligible for benefits pursuant to
						  Section 1252 of the code or pursuant to
						  Section 1279 of the code due to excessive
						  earnings from services performed in employment that week. If the latter
						  condition is met, an additional claim would be filed following the end of the
						  period of ineligibility. (See Section
						  1326-4 of these
						  regulations.)
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 1326-7 - Employer Responsibility in the Initiation of a First Claim for Partial Unemployment Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every employer shall, not later than five days after
							 the termination of any payroll week in which the employer has had in his or her
							 employ a partially unemployed individual as defined by subdivision (c) of
							 Section 1252-1 or by Section
							 1252.2-1 of these regulations,
							 give the individual a notice of reduced earnings on a form supplied by the
							 department which shall set forth:
(a)
						  The name and social security number of the individual.
(b) The ending date of the payroll week and
						  the date last worked.
(c) The
						  amount of wages earned in such week, or that no wages were earned during the
						  week. For commercial fishermen, the days the claimant was engaged in the act of
						  catching or attempting to catch fish, or the reasons the boat was tied up such
						  as absence of fish, inclement weather, lack of buyers' orders, or boat laid up
						  for repairs.
(d) Whether the
						  individual reported for all work that was available during the payroll week and
						  if he or she did not, the date and the reasons for not reporting for available
						  work.
(e) The following
						  certification (individual or rubber stamped): "I certify that the above amount
						  represents reduced earnings in a week of less than full-time work because of
						  lack of work," except as shown on the form.
(f) The name and address of the
						  employer.
(g) A signature (actual
						  or facsimile) by the employer.
(h)
						  The date the notice was issued to the employee.
(i) Such other information as the department
						  may require.
1.
							 Repealer and new section filed 3-28-79; effective thirtieth day thereafter
							 (Register 79, No. 13).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1326,
								Unemployment Insurance Code.
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 1326-8 - First and Subsequent Partial Claims for Partial Unemployment Benefits -Filing and Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  "First partial claim" and "subsequent partial claim" for partial unemployment
						  benefits means an application for a determination of eligibility for partial
						  benefits which certifies to the completion of a week of partial unemployment
						  either to satisfy a week of the waiting period requirement or to claim partial
						  benefits for a compensable week or two compensable weeks.
(b) A claimant who is a partially unemployed
						  individual may, within 28 days after he or she has been furnished by his or her
						  regular employer with the notice of his or her reduced earnings in any week as
						  prescribed in Section
						  1326-7 of these regulations, file
						  a first or subsequent partial claim for partial unemployment benefits at a
						  department field office by mail or in person as required by the department. The
						  28-day period may be extended as provided by Section
						  1326-10 of these regulations. The
						  first or subsequent partial claim for partial unemployment benefits shall set
						  forth:
(1) Whether there was any reason,
						  other than lack of work, why he or she could not have worked full time each
						  regular workday in the week.
(2)
						  Whether he or she received any workers' compensation pay.
(3) Whether he or she worked for anyone other
						  than his or her regular employer on any day in the week, including
						  self-employment.
(4) Whether he or
						  she has filed a claim for benefits in the past 12 months, and if he or she has,
						  the department field or branch office at which the claim was filed.
(5) His or her address.
(6) His or her signature.
(7) If he or she did work for anyone other
						  than his or her regular employer, the following:
(A) The name of the other employer for whom
						  he or she worked.
(B) His or her
						  earnings from the other employer.
(C) That he or she is still working for, or
						  why he or she left work for, the other employer.
(8) Such other information as the department
						  may require, including the filing of a new claim under Section
						  1326-2 of these
						  regulations.
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 1326-9 - Partial Unemployment -Employer Responsibilities -Records and Notices. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer and new section filed 3-28-79; effective thirtieth day thereafter
							 (Register 79, No. 13).
2. Repealer filed 1-28-82; effective
							 thirtieth day thereafter (Register 82, No. 5).
Note: Authority cited: Sections
								305 an 306, Unemployment Insurance
								Code. Reference: Section
								1326,
								Unemployment Insurance Code.
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 1326-11 - Mail Claims -Inability to Report in Person. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer and new section filed 3-28-79; effective thirtieth day thereafter
							 (Register 79, No. 13).
2. Repealer filed 5-6-96; operative 6-5-96
							 (Register 96, No. 19).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1326,
								Unemployment Insurance Code.