Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 172 - MAINE UNEMPLOYMENT INSURANCE COMMISSION › Chapter 9 - ABLE AND AVAILABLE REQUIREMENTS › Section 172-9-2 - AVAILABILITY FOR WORK

Current through 2024-29, July 17, 2024
In order to be considered to be "available for work," a
				  claimant must be "attached to the labor market." This means that the claimant
				  must be ready and willing to accept work for which he or she is qualified under
				  the conditions which would normally be associated with the labor market. The
				  claimant must be available to work in locations in which, and during the hours
				  in which, he or she could reasonably be expected to be employed. The deputy
				  will take into consideration, but will not be limited to, the following factors
				  on a case-by-case basis:
A.
Hours
In order to meet the availability for work requirements of
				  the
Employment Security Law
, a claimant must be available to
				  accept work during the hours which are customary for the trade or occupation in
				  which the claimant usually works or for the trade or occupation in which he or
				  she has prior training or experience. Claimants whose occupations normally
				  involve working on more than one shift must be available to work on all such
				  shifts. Exception to this requirement for good cause may be established in
				  accordance with the provision in subsection
				  3 of Section 1192 of the
Employment Security Law
.
B.
Part-time Work
Under certain circumstances a claimant who is not able and
				  available for full-time work may remain eligible for benefits. A claimant who
				  is eligible under subsection
				  1 of this provision shall be eligible to
				  receive his or her full weekly benefit amount. A claimant who is eligible under
				  subsection 2, subsection
				  3, subsection 4, or subsection 5 of this
				  provision shall be eligible to receive prorated benefits for that portion of
				  the week during which the individual was able and available. A claimant who is
				  not able and available for full-time work shall not be ineligible for benefits
				  if:
1. A majority (more than 50%) of
				the weeks worked during the claimant's base period were less than full time,
				and the claimant is able to work and available for and actively seeking work
				for a number of hours comparable to the number of hours worked during those
				weeks; or
2. A majority (more than
				50%) of the weeks worked during the claimant's base period were less than full
				time, and the claimant is able to work and available for and actively seeking
				work for a number of hours that is less than and not comparable to the number
				of hours worked during those weeks due to circumstances that constitute good
				cause within the meaning of
				26 M.R.S.
				Section1192; or
3. The majority of the weeks worked during
				the claimant's base period were full time but the claimant is only able and
				available for less than full-time work due to the illness or disability of the
				claimant's immediate family member. The Bureau may require verification of such
				illness or disability through the provision of documentation as prescribed by
				the Bureau. Such documentation may include but not be limited to verification
				from a medical professional.
If a claimant under this sub-paragraph has returned to work
				  and is working the full number of hours for which the claimant is able or
				  available to work considering the illness or disability of an immediate family
				  member, that claimant is not considered "partially unemployed" for purposes of
				  sub-section
				  3 of Section 1191 and is not entitled to
				  prorated benefits; or
4.
				The majority of the weeks worked during the claimant's base period were full
				time but the claimant is only able and available for less than full-time work
				and the claimant's limited availability is necessary for the safety or
				protection of the claimant or the claimant's immediate family member, including
				protection from domestic abuse as defined in Chapter
				1, Section 1, paragraph W of these
				regulations. The Bureau may require verification of such safety needs through
				the provision of documentation as prescribed by the Bureau. Such documentation
				may include but not be limited to verification from a medical professional,
				social service agency, law enforcement official, or school official. If a
				claimant under this subparagraph has returned to work and is working the full
				number of hours for which the claimant is able or available to work considering
				the safety or need to protect him or herself or an immediate family member,
				that claimant is not considered "partially unemployed" for purposes of
				subsection
				3 of Section 1191 and is not entitled to
				prorated benefits; or
5. The
				majority of the weeks worked during the claimant's base period were full time
				but the claimant is only able and available for less than full-time work due to
				circumstances that constitute good cause within the meaning of
				26 M.R.S.
				Section1192.