Michigan Administrative Code › Department - Labor and Economic Opportunity › Unemployment Insurance Agency › Employment Security › Part 3 - CLAIMS › Section R. 421.216 - Waiver of seeking work

Current through Vol. 24-12, July 15, 2024
Rule 216.
(1) A
				  laid off individual need not seek work if, under section 28(1)(a) of the act,
				  this requirement is waived by the agency upon written notification by the
				  individual's employer that the layoff is temporary and that work is expected to
				  be available within 45 calendar days following the last day the individual
				  worked. A waiver is effective if the agency receives notification from the
				  employer before the individual is certified for his or her first compensable
				  week following the layoff.
(2) The
				  agency is authorized, under section 28(1)(a) of the act, to waive the seeking
				  work requirement where the agency finds that suitable work is not available.
				  Unless the agency determines that suitable work is available for an individual,
				  suitable work will be presumed unavailable if the total unemployment rate for
				  the state equals or exceeds 8.5%. In instances where the seeking work
				  requirement is waived under section 28(1)(a) of the act, the individual shall
				  be registered for work and shall not be in a period of
				  disqualification.
(3) The agency
				  may, under section 28(1)(a) of the act, waive the seeking work requirement if
				  an individual is on a short-term layoff, as used in this rule, with a definite
				  return-to-work date which is not later than 15 consecutive calendar days
				  beginning with the first day of scheduled unemployment resulting from the
				  layoff, and if the seeking work requirement is not waived for the individual
				  under section 28(1)(a) of the act. The waiver under this subrule shall be based
				  on the presumption that suitable work is not available for that individual. The
				  presumption is based on the recognition that an individual on such a short-term
				  layoff, as that term is used in this rule, is job-attached and is not likely to
				  be hired by another employer for a short period. The agency shall verify, by
				  telephone or written communication with the employer, that the layoff meets the
				  criteria of this rule. The agency shall record the verification to include the
				  return to work date and the name and title of the employer's representative
				  verifying the date submitted. If the agency is unable to obtain confirmation
				  from the employer at the time the claim is filed, then the determination as to
				  whether the seeking work requirement is subject to waiver under this subrule
				  shall be based on the evidence presented by the claimant. The application of a
				  waiver in accordance with this subrule shall not extend beyond the above 15
				  consecutive calendar day period or the date the individual returns to work,
				  whichever occurs first.
(4) The
				  agency's authorization of the waiver of seeking work under subrules (1), (2),
				  and (3) of this rule shall not relieve the unemployed individual claiming
				  benefits of continuing to file claims pursuant to
				  R 421.210 and being able and
				  available to perform suitable full-time work.