The issue of eligibility is not based upon attendance in school, but rather upon the claimant's availability for work.
If the claimant meets
the criteria to restrict to part-time work under Unemp. Ins. Code 1253.8, no further investigation is necessary. The claimant will be approved for part-time work, if all
of the following are true:
- The claim is based on the part-time employment.
- The claimant is actively seeking and is willing to accept work under essentially the same conditions as existed while the wage credits were accrued.
- The claimant imposes no other restrictions and is in a labor market in which a reasonable demand exists for the part-time services he or she offers.
If the claimant does not meet
the criteria to restrict to part-time work under Unemp. Ins. Code 1253.8, then the claimant’s eligibility must be adjudicated under Unemp. Ins. Code 1253 (c), which provides, "An unemployed individual is eligible to receive unemployment compensation benefits with respect to any week only if the director finds that: (c) He or she was able to work and available for work for that week."
In other words, a claimant whose claim accrued as the result of full-time work, must not accept an educational circumstance which clearly and convincingly removes the claimant from the labor market. The claimant must be prepared to abandon school to accept full-time work (and, where the claimant has incurred a substantial tuition cost, there will be an inference that this is not true), or (and, this is probably the most likely factor that would maintain UI benefit eligibility) the claimant's school committment must be such that it does not interfere with the claimant's ability to accept full-time work (e.g., night school).
Hope this helps.
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