Eligibility and Disqualification under California’s UI Code

Article 1 of Chapter 5 of Part 1 of Division 1 of the California Unemployment Insurance Code deals with eligibility and disqualifications. Section 1251 provides that unemployment compensation benefits are payable from the Unemployment Fund to unemployed individuals who are eligible under this part.

Section 1252 defines when an individual is “unemployed” in any week in which he or she meets any of the four specified conditions. Regulations prescribe making the distinctions as may be necessary in the procedures applicable to unemployed individuals as to total unemployment, part-total employment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work. The term “wages” is defined.

Section 1252.2 provides that, with respect to individuals hired as commercial fishermen a “partially unemployed individual” means an individual who, during a particular week meets all of the four specified conditions.

Section 1253 specifies that an unemployed individual is eligible to receive unemployment compensation benefits with respect to any week only if the director finds that five specified conditions are met.

Section 1253.1 states that an unemployed individual who is in all respects otherwise eligible for unemployment compensation benefits is not to be deemed ineligible for any week in which, for not exceeding two working days, he cannot reasonably be expected to work because either he is unlawfully detained, or he is lawfully detained or arrested, but the charge against such individual is subsequently dismissed.

Section 1253.12 specifies that an unemployed individual who is in all respects otherwise eligible for unemployment compensation benefits, is not deemed ineligible for any week in which there has been a death in his or her immediate family in the state in which he or she resides; or because there has been a death in his or her immediate family outside of the state in which he or she resides.

Section 1253.15 states that an unemployed individual who has been discharged from any branch of the United States armed services and who is in all respects otherwise eligible for unemployment compensation benefits is not deemed ineligible in any week for which he has unexpired leave time for which he has been compensated upon his discharge.

Section 1253.2 specifies that an unemployed individual who is in all respects otherwise eligible for unemployment compensation benefits is not deemed ineligible for any week in which pursuant to the provisions of a collective bargaining agreement he is allowed not more than one uncompensated day off in that week or is allowed not more than one uncompensated holiday on one day in that week if one of three specified conditions is met.

Section 1253.3 says that unemployment compensation benefits, extended duration benefits, and federal-state extended benefits are payable on the basis of service in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to this division, except as provided by this section.

Section 1253.4 provides that unemployment compensation benefits, extended duration benefits, and federal-state extended benefits are not payable to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, if the individual performed the services in the first of such seasons, or similar periods, and there is a reasonable assurance that such individual will perform those services in the later of such seasons, or similar periods.

Section 1253.5 specifies that, if an individual is, in all other respects, eligible for benefits under this part, and the individual becomes unable to work due to a physical or mental illness or injury for one or more days during such week, he is to be paid unemployment compensation benefits at the rate of one-seventh the weekly benefit amount payable for that week for each day which he is available for work and able to work.

Section 1253.6 says that an unemployed individual who is in all respects otherwise eligible for unemployment compensation benefits, is not to be deemed to be not able to, or unavailable for, work for any week in which such person is not able to, or available for, work solely because such person is serving on a grand or petit jury, or is responding to a subpoena.

Section 1253.7 provides that an individual is not disqualified for any week solely because either the individual is before any court of the United States or any state pursuant to a lawfully issued summons to appear for jury duty, or the individual is hospitalized for treatment of an emergency or life-threatening condition.

Section 1253.8 prohibits an unemployed individual from being disqualified for eligibility for unemployment compensation benefits solely on the basis that he or she is only available for part-time work. If an individual restricts his or her availability to part-time work, he or she may be considered to be able to work and available for if it is determined that all three specified conditions exist.

Section 1253.9 prohibits an unemployed individual from being disqualified for unemployment compensation benefits solely on the basis that he or she is a student.

Section 1253.92 prohibits an unemployed individual who meets all of the requirements under this division and certifies for continued unemployment compensation benefits is not scheduled for a determination of eligibility for a week in which the individual commenced or is participating in a training or education program and has notified the department of the training or education program.

Section 1255 states that an individual is not eligible for unemployment compensation benefits on account of unemployment for any week or part of any week with respect to which he has received or is seeking unemployment benefits under an unemployment compensation law of any other state or of the United States.

Section 1255.3 provides that the amount of unemployment compensation benefits, extended duration benefits, and federal-state extended benefits payable to an individual for any week, and which begins in a period with respect to which that individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of the individual must be reduced, but not below zero, by an amount equal to the amount of the pension, retirement or retired pay, annuity, or other payment, which is reasonably attributable to that week.

Section 1255.5 specifies that an individual is not eligible for unemployment compensation benefits or extended duration benefits for the same day or days of unemployment for which he is allowed by the Workmen’s Compensation Appeals Board, or for which he receives, benefits in the form of cash payments for temporary total disability indemnity, under a workmen’s compensation law.

Section 1255.7 requires the Department of Child Support Services to notify the director whether an individual filing a claim for unemployment compensation owes support obligations and to notify the department of any changes in the status of these individuals to ensure that the department has a current record. Also, the department is required to maintain and keep current a record of individuals who owe support obligations and who may have claims for unemployment compensation benefits. The terms “unemployment compensation” and “support obligations” are defined.

Section 1256 states that an individual is disqualified for unemployment compensation benefits if the director finds that he or she left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. There are detailed rules for making this determination.

Section 1256.1 provides that, if the employment of an individual is terminated due to his absence from work for a period in excess of 24 hours because of his incarceration and he is convicted of the offense for which he was incarcerated or of any lesser included offense, he is deemed to have left his work voluntarily without good cause.

Section 1256.2 provides that, with two specified exceptions, an individual who terminates his or her employment is not deemed to have left his or her most recent work without good cause if his or her employer deprived the individual of equal employment opportunities on any basis listed.

Section 1256.3 defines the term “most recent work.”

Section 1256.4 provides that an individual is disqualified for unemployment compensation benefits if either of the two specified conditions occur. An individual disqualified under this section is ineligible to receive unemployment compensation benefits under this part for the week in which the separation occurs, and continuing until he or she has performed service in bona fide employment for which remuneration is received equal to or in excess of five times his or her weekly benefit amount.

Section 1256.5 requires an individual to be deemed to have left his or her most recent work with good cause if the director finds that he or she leaves employment because of sexual harassment if the individual has taken reasonable steps to preserve the working relationship.

Section 1257 specifies that an individual is also disqualified for unemployment compensation benefits if he or she willfully either made a false statement or representation, with actual knowledge of the falsity thereof, or withheld a material fact in order to obtain any unemployment compensation benefits under this division; or that he or she, without good cause, refused to accept suitable employment when offered to him or her, or failed to apply for suitable employment when notified by a public employment office.

Section 1258 defines the term “suitable employment.”

Section 1258.5 provides that the term “suitable employment” does not include specified employment with an employer.

Section 1259 specifies that no work or employment is to be deemed suitable and benefits are not to be denied to any otherwise eligible and qualified individual for refusing new work under any of the six specified conditions.

Section 1260 says that an individual disqualified under a determination transmitted to the individual by the department, is ineligible to receive unemployment compensation benefits for the week in which the act that causes the disqualification occurs and continuing until they have performed service in bona fide employment for which remuneration is received equal to or in excess of five times their weekly benefit amount.

Section 1260.1 prohibits benefits from being denied to any individual by reason of cancellation of wage credits or total reduction of his benefit rights for any cause other than discharge for misconduct connected with his work, fraud in connection with a claim for benefits, or receipt of disqualifying income.

Section 1261 says that when successive disqualifications occur, the director may extend the period of ineligibility for an additional period not to exceed eight additional weeks.

Section 1262 specifies that an individual is not eligible for unemployment compensation benefits, and these benefits will not be payable to him or her, if the individual left his or her work because of a trade dispute. The individual will remain ineligible for the period during which he or she continues out of work by reason of the fact that the trade dispute is still in active progress in the establishment in which he or she was employed.

Section 1262.5 provides that, whenever the department learns that a trade dispute is in progress, the department is required to promptly conduct an investigation and make investigation findings as to the nature, location, labor organizations and employers involved, and other relevant facts concerning the trade dispute as it deems necessary.

In addition, the department is required to provide its findings to its field offices in locations affected by the trade dispute, and must, upon request, make its findings available to any employer, employers’ association or labor organization involved in the trade dispute.

Section 1263 provides that any individual convicted by any court of competent jurisdiction of willfully making a false statement or knowingly failing to disclose a material fact to obtain or increase any benefit or payment under this division will forfeit any rights to benefits for the week in which the criminal complaint was filed and for the 51 consecutive calendar weeks which immediately follow that week.

Section 1264 specifies that unemployment compensation benefits, extended duration benefits, and federal-state extended benefits are not payable on the basis of services performed by a person who is not a citizen or national of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed.

Section 1265.1 says that payments to an individual by an employer who has failed to provide the advance notice of facility closure required by the federal WARN Act may not be construed to be wages or compensation for personal services under this division.

Section 1265.5 provides that payments to an individual for vacation pay which was earned but not paid for services performed prior to termination of employment are not construed to be wages or compensation for personal services under this division and benefits payable under this division are not to be denied or reduced because of the receipt of these payments.

Section 1265.6 states that payments to an individual for holiday pay for any holiday occurring in a week during which the individual was unemployed are deemed wages received for the week in which the individual returns to work, if holiday pay is not paid until the individual returns to work from a definite period of layoff.

Section 1265.7 says that payments to an individual for sick pay which was earned but not paid for services performed prior to termination of employment, are not construed to be wages or compensation for personal services under this division and benefits payable under this division are not to be denied or reduced because of the receipt of those payments.