Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.28 - Work Search Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  The purpose of this rule is to describe the work search requirements and
				  process that must be met for claimants to continue to receive unemployment
				  compensation benefits. A claimant is required to register for work, to actively
				  seek work and be available for work, as well as accept suitable work. The rule
				  also describes the process to be utilized by Local Workforce Development Boards
				  (Boards) when formulating the numerical weekly work search contact
				  requirements.
(1) A claimant shall be
				  considered available for work during the time the claimant is making a
				  reasonable search for suitable work as defined by this section.
(A) Work registration alone does not
				  establish that the claimant is making a reasonable search for suitable
				  work.
(B) The claimant shall make a
				  personal and diligent search for work.
(C) Unreasonable limitations by a claimant as
				  to salary, hours, or conditions of work indicate that a claimant is not making
				  a reasonable search for suitable work.
(D) The Agency expects each claimant to act
				  in the same manner as a prudent person who is out of work and seeking
				  work.
(E) This section shall not
				  apply to:
(i) individuals participating in a
				  Shared Work plan, §215.041(c) of the Act;
(ii) individuals participating in Agency
				  approved or Trade Act training, §207.022 and §207.023 of the
				  Act;
(iii) individuals on temporary
				  layoff with a definite date to return to work that is within eight weeks or
				  less from the date of layoff;
(iv)
				  individuals on temporary layoff with a definite return to work date that is
				  within eight to 12 weeks from the date of layoff, provided the exemption from
				  work search requirements is explicitly requested in writing by the separating
				  employer;
(v) individuals on
				  temporary layoff with a definite return to work date that is more than 12 weeks
				  from the date of layoff provided that a waiver from work search requirements is
				  requested by the separating employer and granted by the Agency Executive
				  Director. The Executive Director's decision is subject to review in any
				  benefits appeal where ineligibility results from the decision. The requesting
				  employer is a party of interest to any such appeal, as described in §
													815.15(c)(6)
				  of this subchapter;
(vi)
				  individuals who are members in good standing of a union that maintains a
				  nondiscriminatory hiring hall, as that term is defined by the Landrum-Griffin
				  Act, and who maintain contact with and use the placement services of the hiring
				  hall;
(vii) individuals who perform
				  jury service for a period of three days or longer, during the weeks in which
				  the individual is actively performing jury service; or
(viii) individuals who are otherwise exempted
				  by law.
(F) This section
				  shall apply to all claimants unless specifically exempted, including:
(i) recipients of state extended unemployment
				  benefits, who are required to actively seek work under Texas Labor Code §
													209.043;
(ii) recipients of federal extended
				  unemployment benefits, except that if the legislation establishing such
				  benefits or administrative directives for administering such benefits include
				  work search requirements, which are in conflict with those established herein,
				  the federal requirements or administrative directives shall apply; or
(iii) individuals who are engaged in efforts
				  to establish themselves in a self-employment venture.