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Eligibility: Part 3

Available and Looking for Work

To be eligible for UI benefits from the EDD, a claimant must certify each week that they:

Are able to work
Are available for work
Are actively seeking work
Have not refused an offer of suitable work

Able and Available for Work

Able to work means the claimant is physically able to work in their usual occupation.

Available for work means the claimant makes oneself available to a substantial field of employment and is willing to accept offers of suitable work.

A Note on Part-Time Work:

In most cases the claimant must be available for full time work. However, a claimant may restrict or limit their search to part time work if:

The claim is based on part-time work
The claimant is willing and able to accept work under the same conditions as when the part-time work was performed
The claimant places no other restrictions or limitations on his availability and there is a labor market for such part-time jobs

A claimant must be willing and able to accept employment with the same part-time conditions the claim is based on. For example, he must be willing to accept jobs with the same number of days and hours previously worked in part-time employment. If for some reason the claimant is no longer willing or able to work these days and hours or adds any other restrictions on his availability for part-time work he would not be eligible for the part-time work restriction. In addition, a labor market must exist with the part-time restrictions or the claimant will not be eligible for benefits.

More information on these topics can be found on the EDD web site here.

Actively Seeking Work

Actively seeking work means the claimant must conduct a reasonable search for work each week as defined by the Employment Development Department (EDD).

The EDD will assign a "Seek Work Plan" that is appropriate for each claimant based on:

the type of work performed
local labor market conditions
union membership
whether the claimant has a definite date to return to work

The EDD will advise the claimant of the way he must seek work each week. This is based on the way the claimant usually seeks work. Normally the EDD will not specify the number of job contacts to make. However, the EDD may on a case by case basis give specific job contact requirements. A claimant should, therefore, keep a list of the job contacts made each week in the event the EDD asks for them.

Offers of Suitable Work

Claimants are required to accept offers of suitable employment. Refusal of suitable work will result in a disqualification for benefits unless the claimant can establish good cause for the refusal.

When determining what is suitable, the general rule is that the work offered must have conditions that are similar with the claimant's prior earnings and experience.

Claimants should report all offers of work on the continued claim form, DE 4581. The EDD has many ways to determine if claimants refuse work. Among these can be prior employers who report refusals of work to the EDD to protect their unemployment insurance accounts. If the EDD determines that a claimant refused work without good cause and also failed to report the work offer, the claimant may be disqualified for both the work refusal and the failure to report the work on the DE 4581.

More information on Suitable Work can be found on the EDD web site here.

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