California Training Benefits Program

California’s Unemployment Insurance Code in Division 1, Part 1, Chapter 5, Article 1.5 deals with the California Training Benefits Program. Section 1266 notes this Article is cited as the California Training Benefits Program.

Section 1266.1 provides that experience has shown that the ability of a large number of the population of California to compete for jobs in the labor market is impaired by advancement in technological improvements, the widespread effects of automation and relocation in our economy, and foreign competition.

In addition, this section includes a legislative finding that many individuals in California are lacking in skills that would make them competitive in the labor market. They are in need of training or retraining to upgrade their skills required in demand occupations. It is the policy of this state to assist these individuals by providing unemployment compensation benefits, extended duration benefits, and other federally funded unemployment compensation benefits.

Section 1267 states that, with respect to an unemployed individual otherwise eligible for benefits, those benefits are not to be denied to an individual for any week because he or she is in eligible training or retraining, or because of the application to any week in training or retraining of any law of this state relating to availability for work, active search for work, refusal to accept work, or for leaving his or her most recent work, if continuing the most recent work would require the individual to terminate his or her training or retraining course of instruction. The term “individual” is defined for this section.

Section 1268 provides that an unemployed individual who files a claim for unemployment compensation benefits or extended duration benefits, or an application for federal-state extended benefits or any federally funded unemployment compensation benefits, may apply to the department for a determination of potential eligibility for benefits during a period of training or retraining.

Section 1269 requires a determination of automatic eligibility for benefits under this article to be issued to an unemployed individual if the director finds that any of the five specified conditions applies.

Section 1269.1 provides that, if the training is not authorized, a determination of potential eligibility for benefits under this article must be issued to an unemployed individual if the director finds that all of the eight specified conditions apply. The terms “accredited” and “accrediting agency” are defined.

Section 1270 defines the terms “demand occupation” and “labor market area.”

Section 1271 specifies that any unemployed individual receiving unemployment compensation benefits payable under this division, who applies for a determination of potential eligibility for benefits under this article no later than the 16th week of his or her receiving these benefits, and is determined eligible for benefits under this article, is entitled to a training extension on his or her unemployment compensation claim, if necessary, to complete approved training.

In addition, the training extension must provide the claimant with a maximum of 52 times the weekly benefit of the parent unemployment compensation claim, which is then to be reduced by all of the three specified benefits. Also, the benefits payable under this section are subject to two specified limitations.

Section 1271.5 requires the department to inform all individuals who claim unemployment compensation benefits in this state of the benefits potentially available under this article. The department must convey this information verbally, in written form, or online.

Section 1272 provides that an unemployed individual who is able to work is eligible to receive benefits under this article with respect to any week during a period of training or retraining only if the director finds both of the specified requirements are met.

Section 1272.5 states that, if an individual fails to submit for any week during a period of training or retraining the certification required, he or she is then ineligible to receive any benefits for that week.

Section 1274 authorizes the director to publish a list of high demand occupations in each labor market area of this state. If a demand occupation is limited to a particular industry, the director may identify the industry of the demand occupation.