Appendix A to Part 614 - Standard for Claim Filing, Claimant Reporting, Job Finding, and Employment Services
20:3.0.2.1.8.5.1.1.2 : Appendix A
Appendix A to Part 614 - Standard for Claim Filing, Claimant
Reporting, Job Finding, and Employment Services Employment Security
Manual (Part V, Sections 5000-5004) *
* Revises subgrouping 5000-5004.
5000-5099
Claims Filing 5000
Standards for Claim Filing,
Claimant Reporting, Job Finding, and Employment Services
A. Federal law requirements. Section 3304(a)(1) of the
Federal Unemployment Tax Act and section 303(a)(2) of the Social
Security Act require that a State law provide for:
“Payment of unemployment compensation solely through public
employment offices or such other agencies as the Secretary may
approve.”
Section 3304(a)(4) of the Federal Unemployment Tax Act and
section 303(a)(5) of the Social Security Act require that a State
law provide for:
“Expenditure of all money withdrawn from an unemployment fund of
such State, in the payment of unemployment compensation. * * *”
Section 303(a)(1) of the Social Security Act requires that the
State law provide for:
“Such methods of administration * * * as are found by the
Secretary to be reasonably calculated to insure full payment of
unemployment compensation when due.”
B. Secretary's interpretation of Federal law
requirements.
1. The Secretary interprets section 3304(a)(1) of the Federal
Unemployment Tax Act and section 303(a)(2) of the Social Security
Act to require that a State law provide for payment of unemployment
compensation solely through public employment offices or claims
offices administered by the State employment security agency if
such agency provides for such coordination in the operations of its
public employment offices and claims offices as will insure: (a)
The payment of benefits only to individuals who are unemployed and
who are able to work and available for work, and (b) that
individuals claiming unemployment compensation (claimants) are
afforded such placement and other employment services as are
necessary and appropriate to return them to suitable work as soon
as possible.
2. The Secretary interprets all the above sections to require
that a State law provide for:
a. Such contact by claimants with public employment offices or
claims offices or both, (1) as will reasonably insure the payment
of unemployment compensation only to individuals who are unemployed
and who are able to work and available for work, and (2) that
claimants are afforded such placement and other employment services
as are necessary and appropriate to facilitate their return to
suitable work as soon as possible; and
b. Methods of administration which do not unreasonably limit the
opportunity of individuals to establish their right to unemployment
compensation due under such State law.
5001
Claim Filing and Claimant Reporting Requirements Designed
to Satisfy Secretary's Interpretation
A. Claim filing - total or part-total unemployment.
1. Individuals claiming unemployment compensation for total or
part-total unemployment are required to file a claim weekly or
biweekly, in person or by mail, at a public employment office or a
claims office (these terms include offices at itinerant points) as
set forth below.
2. Except as provided in paragraph 3, a claimant is required to
file in person:
a. His new claim with respect to a benefit year, or his
continued claim for a waiting week or for his first compensable
week of unemployment in such year; and
b. Any other claim, when requested to do so by the claims
personnel at the office at which he files his claim(s) because
questions about his right to benefits are raised by circumstances
such as the following:
(1) The conditions or circumstances of his separation from
employment;
(2) The claimant's answers to questions on mail claim(s)
indicate that he may be unable to work or that there may be undue
restrictions on his availability for work or that his search for
work may be inadequate or that he may be disqualified;
(3) The claimant's answers to questions on mail claims create
uncertainty about his credibility or indicate a lack of
understanding of the applicable requirement; or
(4) The claimant's record shows that he has previously filed a
fraudulent claim.
In such circumstances, the claimant is required to continue to
file claims in person each week (or biweekly) until the State
agency determines that filing claims in person is no longer
required for the resolution of such questions.
3. A claimant must be permitted to file a claim by mail in any
of the following circumstances:
a. He is located in an area requiring the expenditure of an
unreasonable amount of time or money in traveling to the nearest
facility established by the State agency for filing claims in
person;
b. Conditions make it impracticable for the agency to take
claims in person;
c. He has returned to full-time work on or before the scheduled
date for his filing a claim, unless the agency makes provision for
in-person filing at a time and place that does not interfere with
his employment;
d. The agency finds that he has good cause for failing to file a
claim in person.
4. A claimant who has been receiving benefits for partial
unemployment may continue to file claims as if he were a partially
unemployed worker for the first four consecutive weeks of total or
part-total unemployment immediately following his period of partial
unemployment so long as he remains attached to his regular
employer.
B. Claim filing - partial unemployment. Each individual
claiming unemployment compensation for a week (or other claim
period) during which, because of lack of work, he is working less
than his normal customary full-time hours for his regular employer
and is earning less than the earnings limit provided in the State
law, shall not be required to file a claim for such week or other
claim period earlier than 2 weeks from the date that wages are paid
for such claim period or, if a low earnings report is required by
the State law, from the date the employer furnished such report to
the individual. State agencies may permit claims for partial
unemployment to be filed either in person or by mail, except that
in the circumstances set forth in section A 3, filing by mail must
be permitted, and in the circumstances set forth in section A 2 b,
filing in person may be required.
5002
Requirement for Job Finding, Placement, and other
Employment Services Designed to Satisfy Secretary's
Interpretation
A. Claims personnel are required to assure that each claimant is
doing what a reasonable individual in his circumstances would do to
obtain suitable work.
B. In the discretion of the State agency:
1. The claims personnel are required to give each claimant such
necessary and appropriate assistance as they reasonably can in
finding suitable work and at their discretion determine when more
complete placement and employment services are necessary and
appropriate for a claimant; and if they determine more complete
services are necessary and appropriate, the claims personnel are to
refer him to employment service personnel in the public employment
office in which he has been filing claim(s), or, if he has been
filing in a claims office, in the public employment office most
accessible to him; or
2. All placement and employment services are required to be
afforded to each claimant by employment service personnel in the
public employment office most accessible to him, in which case the
claims personnel in the office in which the claimant files his
claim are to refer him to the employment service personnel when
placement or other employment services are necessary and
appropriate for him.
C. The personnel to whom the State agency assigns the
responsibilities outlined in paragraph B above are required to give
claimants such job-finding assistance, placement, and other
employment services as are necessary and appropriate to facilitate
their return to suitable work as soon as possible.
In some circumstances, no such services or only limited services
may be required. For example, if a claimant is on a short-term
temporary layoff with a fixed return date, the only service
necessary and appropriate to be given to him during the period of
the layoff is a referral to suitable temporary work if such work is
being performed in the labor market area.
Similarly, claimants whose unemployment is caused by a labor
dispute presumably will return to work with their employer as soon
as the labor dispute is settled. They generally do not need
services, nor do individuals in occupations where placement
customarily is made by other nonfee charging placement facilities
such as unions and professional associations.
Claimants who fall within the classes which ordinarily would
require limited services or no services shall, if they request
placement and employment services, be afforded such services as are
necessary and appropriate for them to obtain suitable work or to
achieve their reasonable employment goals.
On the other hand, a claimant who is permanently separated from
his job is likely to require some services. He may need only some
direction in how to get a job; he may need placement services if he
is in an occupation for which there is some demand in the labor
market area; if his occupation is outdated, he may require
counseling and referral to a suitable training course. The extent
and character of the services to be given any particular claimant
may change with the length of his unemployment and depend not only
on his own circumstances and conditions, but also on the condition
of the labor market in the area.
D. Claimants are required to report to employment service
personnel, as directed, but such personnel and the claims personnel
are required to so arrange and coordinate the contacts required of
a claimant as not to place an unreasonable burden on him or
unreasonably limit his opportunity to establish his rights to
compensation. As a general rule, a claimant is not required to
contact in person claims personnel or employment service personnel
more frequently than once a week, unless he is directed to report
more frequently for a specific service such as referral to a job or
a training course or counseling which cannot be completed in one
visit.
E. Employment service personnel are required to report promptly
to claims personnel in the office in which the claimant files his
claim(s): (1) His failure to apply for or accept work to which he
was referred by such personnel or when known, by any other
nonfee-charging placement facility such as a union or a
professional association; and (2) any information which becomes
available to it that may have a bearing on the claimant's ability
to work or availability for work, or on the suitability of work to
which he was referred or which was offered to him.
5004
Evaluation of Alternative State Provisions. If the
State law provisions do not conform to the “suggested State law
requirements” set forth in sections 5001 and 5002, but the State
law contains alternative provisions, the Manpower Administrator, in
collaboration with the State agency, will study the actual or
anticipated effect of the alternative provisions. If the Manpower
Administrator concludes that the alternative provisions satisfy the
requirements of the Federal law as construed by the Secretary (see
section 5000 B) he will so notify the State agency. If he does not
so conclude, he will submit the matter to the Secretary. If the
Secretary concludes that the alternative provisions satisfy such
requirements, the State agency will be so notified. If the
Secretary concludes that there is a question as to whether the
alternative provisions satisfy such requirements, the State agency
will be advised that unless the State law provisions are
appropriately revised, a notice of hearing will be issued as
required by the Code of Federal Regulations, title 20, section
601.3. [53 FR 40555, Oct. 17, 1988; 53 FR 43799, Oct. 26, 1988]