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 1326-1 - Benefit Claims -In General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Any person who has become separated from his or her work, who is working on a
						  part-time basis, or who is a partially unemployed individual may file a claim
						  for benefits. Benefits shall be claimed as prescribed in Sections
						  1326-2 through
						  1326-12 of these
						  regulations.
(b) There are four
						  basic steps in the usual procedures for handling a typical unemployment benefit
						  claim. Sections
						  1326-2 through
						  1326-13 of these regulations give
						  detailed definitions and procedures applicable to the several different types
						  of claims and should be referred to for greater detail and exceptions to usual
						  procedures. The usual procedures are as follows:
(1) STEP 1. First contact filing of a new
						  claim for unemployment benefits, and benefit rights interview.
(A) An individual who becomes unemployed and
						  wishes to claim unemployment benefits is required to contact an Employment
						  Development Department field or branch office, to file a new claim for
						  unemployment insurance benefits. The claimant provides his or her last
						  employer's name and address. The department mails that employer notice of the
						  filing of the claim. The employer responds with any information relating to the
						  claimant's eligibility. When the new claim is filed, the claimant completes an
						  employment history and registers for work. The department interviews the
						  claimant in detail as to the reasons for his or her unemployment and any other
						  facts which might raise a question of eligibility. The department informs the
						  claimant in writing of his or her benefit rights and duties, gives assistance
						  in filing the new claim, and provides written instructions on his or her
						  responsibility to look for work.
(B) If there is no eligibility issue, the
						  claimant is told to file continued claims every two weeks in order to be paid
						  benefits, assuming continued eligibility. (See STEP 2.) The department directs
						  the claimant to report in person to the department field or branch office for
						  an in-depth periodic eligibility review. (See STEP 3.) The review is scheduled
						  two weeks subsequent to the first interview, or at a later date if in the
						  judgment of the department this is warranted by the circumstances relevant to
						  the particular claimant.
COMMENTS: Some of the factors the department may
							 consider in determining when a claimant will be required to report in person
							 for an in-depth periodic eligibility review include: the likelihood that
							 eligibility issues will arise, the condition of the labor market, work
							 opportunities for the claimant, the claimant's attachment to the labor market,
							 the seasonal nature of the claimant's work, transportation facilities available
							 to the claimant, and remoteness of claimant's residence from department field
							 offices.
(C) If a potential
						  eligibility issue arises and is not readily clarified or removed by the
						  claimant's explanation, the claimant is scheduled for a determination
						  interview. (See STEP 4.)