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U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20213

CLASSIFICATION

UI

CORRESPONDENCE SYMBOL

TEURL

ISSUE DATE

November 8, 1982

RESCISSIONS

 

EXPIRATION DATE

November 30, 1983

DIRECTIVE

:

UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 01-83

 

TO

:

ALL STATE EMPLOYMENT SECURITY AGENCIES

 

FROM

:

ROYAL DELLINGER
Acting Administrator
Regional Management

 

SUBJECT

:

Determination of Whether Extended Benefit Claimant's Prospects of Obtaining Work in Customary Occupation within "Reasonably Short Period" are Good

  1. Purpose. To advise SESAs that the phrase "a reasonably short period" in Section 202(a)(3)(C) of the Federal-State Extended Unemployment Compensation Act of 1970, as amended, is not limited to four weeks, but may be any period established by State law.

  2. References. GAL 21-81, Page 4; UIPL 14-81, Page 10; UIPL 14-81, Change 2, Page 5; and Section 1024, P.L. 96-499.

  3. Background. Section 1024 of P.L. 96-499 amended Section 202(a) of the Federal-State Extended Unemployment Compensation Act of 1970, as amended, to provide disqualification for failure of an extended benefit claimant to apply for or to accept suitable work and for failure to actively seek work. Section 202(a)(3)(C) defines "suitable work" for the purposes of those provisions as meaning any work within the unemployed individual's capabilities. There is an exception to the determination of work's suitability as so defined; however, if the individual's prospects for obtaining work in his customary occupation "within a reasonably short period" are good, in which case suitability will be determined under provisions of the State law applicable to regular benefit claimants.

    In GAL 21-81 and UIPL 14-81, the recommendation was made that the prospects for obtaining work in an individual's customary occupation be determined with reference to a period not exceeding four weeks beginning with the first week for which extended benefits are claimed. If classified as having good prospects but they are not realized by the end of the period specified as reasonably short, the individual's prospects may be determined again with respect to an additional reasonably short period.  In Change 2 to UIPL 14-81, the recommendation was replaced by a requirement that the period not exceed four weeks.

  4. State Option. Experience with administration of the "suitable work" provisions of Section 202(a)(3)(C) by SESAs for over a year has indicated the desirability of allowing States to determine the meaning of the phrase "a reasonably short period" flexibly in the context of their respective patterns of employment and unemployment during particular economic cycles. Accordingly, "a reasonably short period" will be, for these purposes, the number of weeks specified by or pursuant to State law in the extended benefit eligibility period applicable to each claimant. We continue to recommend that the period be limited to four weeks beginning with the first week for which extended benefits are claimed. Such a limitation will no longer be deemed a requirement, however.

    The foregoing relaxation of the period established for determining whether an individual's prospects for obtaining work in his customary occupation are good does not constitute an exemption from the requirement to make such a determination in every case. It merely allows flexibility in determining the length of the period that may be considered "reasonably short" for purposes of Section 202(a)(3(C). In addition, when an issue arises with respect to failure to apply for or to accept an offer of suitable work, an appealable determination must be made of the correctness of the classification of the individual's job prospects as good or not good. Whatever the classification, it continues to have an impact on the determination with respect to failure to "actively engage in seeking work" in Section 202(a)(3)(A).

    Under Section 202(a)(6) these same requirements apply with respect to regular benefits for which the State may be entitled to claim Federal sharing in the costs. This change of position does not affect other modifications to UIPL 14-81 announced in Change 2.

  5. Action Required. SESAs are requested to bring the contents of this directive to the attention of relevant staff.

  6. Inquiries. Questions should be directed to the appropriate Regional Office.