As in effect on June 1, 2008
Extended benefits (EB) are paid during certain periods of high unemployment within a state. The maximum benefit amount for a claimant is one-half of the amount of his original regular claim up to a maximum of 13 times the weekly benefit amount. All extended benefits stop when the unemployment rate drops below a certain level. When the claimant has been unable to find work for an extended period of time and has exhausted all rights to regular benefits, extended benefits may be paid providing the state is in an extended benefit period as defined by Subsection 35A-4-402(7). A claimant does not have to have additional wage credits to qualify for extended benefits as the original claim is extended with the same weekly benefit amount. If the claimant does have sufficient additional wage credits and can qualify for a new regular claim, extended benefits are not allowed. There is no waiting week on an extended benefit claim. Availability requirements for extended benefits are different from those for regular claimants. The EB claimant must have no occupational restrictions, must reduce wage expectations and increase his work search efforts beyond those expected of regular benefit claimants. The only exception to this requirement is for claimants who have Department approval while attending school.
(1) Notwithstanding the provisions of the Utah Employment Security Act concerning regular benefits, an individual shall be ineligible for payment of extended benefits for any week of unemployment in his eligibility period if the Department finds that during such period:
(a) he failed to accept any offer of suitable work or failed to apply for any suitable work to which he was referred by the Department; or
(b) he failed to actively engage in seeking work as prescribed under Sections R994-405-305 and R994- 403-118.
(2) Any individual who has been found ineligible for extended benefits by reason of the provisions in Subsection R994-402-202(1) shall also be denied benefits beginning with the first day of the week following the week in which such failure occurred and until he has been employed in each of four subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than 6 times the extended weekly benefit amount.
(3) For the purpose of extended benefits, the term "suitable work" means with respect to any individual, any work which is within such individual's capabilities, provided, however, that the gross average weekly remuneration payable for the work must exceed the sum of:
(a) the individual's extended weekly benefit amount, plus
(b) the amount, if any, of supplemental unemployment benefits payable to such individual for such week; and further,
(c) pays wages not less than the higher of:
(i) the minimum wage provided by Title 29 U.S. Code Section 216(b) of the Fair Labor Standards Act of 1938, without regard to any exemption; or
(ii) the applicable state or local minimum wage;
(4) Notwithstanding R994-402-202(3), no individual shall be denied extended benefits for failure to accept an offer of or apply for any job which meets the definition of suitability as described in that subsection if:
(a) the position was not offered to such individual in writing and was not listed with the Department of Workforce Services;
(b) such failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in Subsection 35A-4-405(3) to the extent that the criteria of suitability in that section are not inconsistent with the provisions of R994-402-202(3);
(c) the individual furnishes satisfactory evidence to the Department that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work for regular benefit claimants in Subsection 35A-4-405(3) without regard to the definition specified by R994-402-202(3).
(5) No work shall be deemed to be suitable work for an individual which does not accord with the labor standard provisions required by Section 3304(a)(5) of the Internal Revenue Code and set forth herein under Subsection 35A-4-405(3).
(6) For the purpose of Subsection R994-402-202(1)(b), an individual shall be treated as actively engaged in seeking work during any week if:
(a) the individual has engaged in a systematic and sustained effort to obtain work during such week, and
(b) the individual furnishes tangible evidence that he has engaged in such effort during such week.
(7) The Department of Workforce Services shall refer any claimant entitled to extended benefits to any suitable work which meets the criteria prescribed in R994-402-203(3).
(8) An individual who has been denied benefits under the provisions of Section 35A-4-405(2)(b) shall not be eligible to receive extended benefits until after the end of the 52 week denial period and is then otherwise eligible for extended benefits and has subsequent to the date of such disqualification performed services in bona fide covered employment and earned wages for such services equal to at least six times the individual's weekly benefit amount.
(9)(a) Except as provided in subparagraph (9)(b) of this rule, payment of extended compensation shall not be made to any individual if he is filing against Utah from any other state under the interstate benefit payment plan, and an extended benefit period is not in effect that week in that state.
(b) Subparagraph (9)(a) of this rule shall not apply to the first two weeks for which extended compensation is payable to the individual.
To be eligible for extended benefits the claimant must:
(1) exhaust regular benefits as defined by Subsection 35A-4-402(7)(h) or his benefit year must have ended after the beginning of the EB period;
(2) be ineligible for a regular claim in Utah or any other state or under any federal unemployment program;
(3) file for extended benefits in accordance with instructions;
(4) meet federal requirements for availability and work search; and
(5) accept suitable work which is offered in writing.
(1) Suitable work for EB claimants includes work:
(a) in any occupation within the claimant's capabilities unless he can show that his prospects for obtaining work in his regular occupation are good, as defined in Subsection R994-402-202(3)(d)(iii); and
(b) paying at least the federal or state minimum wage provided the gross average pay exceeds the claimant's weekly benefit amount plus any supplemental unemployment benefit.
(2) Suitable work for EB claimants does not include work:
(a) available as the result of a strike or labor dispute;
(b) having wages, hours or other conditions of the work which are substantially less favorable to the claimant than those prevailing for similar work in the locality (for example, a skilled claimant, such as a carpenter, may be required to take a job paying the minimum wage in another occupation, but he does not have to take a carpenter job paying minimum wage if that wage is substantially less than the prevailing wage for carpenter work in his locality);
(c) which requires the claimant as a condition of being employed to join a union or to resign from or refrain from joining any bona fide labor organization;
(d) requiring modifications of other conditions of work which would not be considered suitable for a regular claimant, such as unsafe working conditions, work requiring a move or travel beyond normal commuting distance, etc.; except with regard to the type of occupation and the wages, standards for determining the suitability of work are the same for EB claimants as for regular claimants.
When a claimant has a definite assurance of full-time employment in his customary occupation to begin within four weeks he is considered to have good prospects. He must continue to seek work, but it is not necessary to seek or accept employment consistent with the definition of suitable work for EB claimants. He may restrict his availability to occupations and conditions of employment as permitted for regular claimants.
A position is considered "offered in writing" if it is listed with the Department and the claimant is referred or offered a referral by the Department even if the claimant is given the referral orally. If an employer makes a verbal offer of work and the job is not listed with the Department, the provisions of Section 35A-4-405(3) may apply.
(1) A systematic and sustained work search means that the claimant must register for work with the Department and contact at least 5 employers including 3 in-person contacts each week, unless advised otherwise by an authorized Department representative. The claimant should have a realistic plan for finding employment. All of the employer contacts cannot be made on the same day except in circumstances where a work search on several days of the week is impractical. Work search contacts must be with employers not previously contacted. A claimant may not argue that in- person employer contacts are limited because of traditional methods of seeking work in a particular occupation or because of a limited number of employers in an occupation because the claimant may not limit himself to any particular occupation.
(2) There is no good cause for failure to make a systematic and sustained work search after the claimant has received instructions with regard to the required work search. If the claimant is ill or otherwise unable to seek work, but files a claim for benefits after being instructed with regard to work search requirements, benefits must be denied under Section 35A-4-402 and not under Section 35A-4-403(1)(c) unless the claimant was on jury duty. Benefits may be allowed if the claimant failed to make the required work search because he was on jury duty and benefits would have been allowed under similar circumstances to a claimant for regular benefits. If the claimant made the required work search but was unable to work for more than half the normal workweek, he or she may not be eligible in accordance with Sections R994- 403-111c and R994-403-112c.
(3) If the claimant has obtained part-time work, he is still required to make a work search on those days when he is not working. The number of contacts may be reduced if the amount of time working is substantial.
Extended benefit claimants must report information as requested on special EB claim forms. If a claim form is submitted with information that clearly shows the claimant did not intend to receive benefits, but was merely providing information, benefits will be denied under Subsection 35A-4-403(1)(a) rather than under EB provisions which require an indefinite disqualification under the federal regulations.
The claimant has the responsibility to keep records of all employers contacted in search of work including the name and address of the employer, the date of the contact, the person contacted, the result of the contact, and the type of work sought, etc. Failure to keep such records or provide such information will result in a conclusion that a work search was not made unless other convincing evidence is provided.
A claimant who fails to accept an offer of suitable work or fails to actively seek work must be denied benefits for the week in which such failure occurs and for the following weeks until he has had employment during at least four subsequent weeks and earned at least six times his weekly benefit amount. The earnings do not have to be in consecutive weeks, but must be bona fide employment. It is not necessary for the work to be in "covered" employment but it may not be self-employment.
All disqualifications issued under the state provisions of the Employment Security Act continue to be in effect as provided by those laws on EB claims. In addition, a claimant who has been denied benefits under Subsection 35A-4-405(2)(b) is not eligible to receive extended benefits until he has returned to bona fide covered employment and earned at least six times his weekly benefit amount in employment subsequent to the disqualifying separation, even if the disqualification period has ended.
Claimants filing EB claims against Utah who are living in states which are not in an EB period will be entitled to receive only two weeks of extended benefits. The amount of the payment, whether it is a full or partial payment, is immaterial. When a payment of any amount has been made for each of two weeks, whether or not consecutive, no further payments can be made.
Overpayments established on extended benefit payments are collectible in accordance with the provisions of Subsections 35A-4-406(4) and 35A-4-406(5).
Immediately after it has been determined that an extended benefit period will become effective or will end in the state, the Department of Workforce Services shall make public announcement and give personal notice calculated to reach the largest practicable number of interested persons within the state. Such notice at the beginning of an extended benefit period will state the first date on which potential claimants may file a claim for and become eligible for extended benefit payments, which group of claimants may qualify for extended benefits, what action must be taken to protect their benefit rights, and the date by which claimants must file to qualify at the beginning of the extended benefit period.
Claims for extended benefit payments will be filed on forms prescribed by the Department. The effective date of claims for extended benefits shall be the Sunday of the first week during which extended benefits are payable in accordance with Subsection 35A-4-402(7) provided the claimant has filed as instructed. The effective date of the EB claim will be backdated under Subsection 35A-4-403(1)(a) up to two weeks for claimants who were not given personal notice of the extended benefit period. The Department may further extend the time during which claims for extended benefits may be backdated upon a showing of good cause under Subsections 35A-4-403(1) and 35A-4-401(1)(b).
unemployment compensation, employee recruitment, extended benefits
November 15, 2007
May 17, 2007
35A-4-402(2); 35A-4-402(6)(a)
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