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Can I Receive Unemployment For Lack Of Work With A Part Time Job?

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1. Part-time Work

Part-time work is defined as: Working less than 40 hours per week.

NOTE: If the claimant worked for multiple employers in the same week(s), the total hours worked for all employers must be less than 40 hours per week in order to be defined as part-time work.

2. Based on

1253.8(a) states: "The claim is based on part-time employment".

Based on is defined as: More than 50 percent of the total weeks worked, during the base period of the claim, was worked in part-time employment.

This allows for individuals having some full time employment in the base period to qualify under this section.

Example:

A claimant whose occupation is a sales clerk and works 20 to 25 hours per week but works full time during the holiday season may still qualify under Section 1253.8, as long as the full-time work is 50 percent or less of the total time worked during the base period of the claim.

3. Essentially The Same Conditions

1253.8(b) states: "The claimant is actively seeking and is willing to accept work under essentially the same conditions as existed while the wage credits were accrued."

Essentially the same conditions is defined as: The same number of part-time hours per week, or range of hours per week, that the claimant worked during the base period of the claim.

Example:

The claimant worked between 15 and 30 hours per week during the base period of the claim. If the claimant is not willing to work between 15 and 30 hours per week, the claimant would not meet the provisions under 1253.8 and the claimant's eligibility would be adjudicated under Section 1253(c).

4a. Other Restrictions

1253.8(c) states: "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."

Other restrictions is defined as: Any restriction(s), other than the days and times used to establish the claimant's part-time eligibility, that further reduce the claimant's labor market (e.g., wage restrictions, travel distance, restricting to a specific employer, etc.)

Example:

The claimant's usual occupation is as a legal secretary. The claim is based on part-time work of an average of 25 hours per week. The claimant is willing to accept work of 25 hours per week. However the claimant is only willing to accept $25 per hour because that is what she earned at her last job. Prevailing wage for legal secretary in the claimant's local labor market is between $12-$16 per hour. The claimant is placing an "other restriction" on her availability and therefore, the claimant would not meet the provisions under 1253.8 and the claimant's eligibility would be adjudicated under Section 1253(c).

4b. Reasonable Demand:

Reasonable demand is defined as: A substantial field of employment as defined in Title 22, Section 1253(c)-1(c). See E (2) below for further explanation of substantial field of employment.

Even if the claimant is willing to accept the same number of part-time hours per week, or range of hours per week that the claimant worked during the base period of the claim, if there is no labor market available for the claimant's services, the claimant would not meet the eligibility criteria under 1253.8 and the claimant's eligibility would be adjudicated under 1253(c).

D. Verification
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Anonymous answered
Don't know why this website edited the URL - that I originally submitted - so when you get to the edd.ca.gov - enter the following in the search box:  Del1275a.pdf
It will take you to the link with the guideline detail.

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