Application of Extended Benefits (EB) Work Test to Weeks of Partial and Part-total Unemployment

U.S. Department of Labor
Employment and Training Administration
Washington, D.C. 20210
Classification: UI
Correspondence symbol: TEUMI
Issue date: November 21, 1991
Rescissions: None
Expiration date: November 30, 1992
Directive: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 06-92
To: ALL STATE EMPLOYMENT SECURITY AGENCIES
From: DONALD KULICK, Administrator for Regional Management
Subject: Application of Extended Benefits (EB) Work Test to Weeks of "Partial" and "Part-total" Unemployment

1. Purpose. To provide States with a clarification of the EB "systematic and sustained" work search requirements with respect to claims for weeks of partial and part-total unemployment.

2. References. Section 202(a)(3)(A)(ii) and (E) of the Federal-State Extended Unemployment Compensation Act of 1970 (EUCA) (Title II of P.L. 91-373), as amended; 20 CFR 615.8(g), 615.2(o)(9); Employment Security Manual, Section 5001, Part V.

3. Background. To maintain continued eligibility, extended benefit claimants are required, pursuant to Section 202(a)(3)(E) of the EUCA, to conduct a "systematic and sustained" effort to obtain work each week, and to provide "tangible evidence" of such work search for each week claimed. Tangible evidence is a written record, which can be verified, of the individual's efforts to find work (20 CFR 615.2(o)(9)). The "systematic and sustained" work search requirement applies to all claimants for sharable compensation (regular sharable or EB). It has come to our attention that further clarification is needed on the application of the "systematic and sustained" work search requirement to partial and part-total claimants.

4. Partial and Part-total Claims. When reviewing and screening an EB claimant's work search during a week of "partial unemployment", as defined in Section 5001. B of Part V of the E.S.M., the worker's continuous attachment to and contact with the regular employer may be considered to be "tangible evidence" of a "systematic and sustained" search for work during the week which satisfies the requirements of 20 CFR 615.8(g).

   On the other hand, when reviewing and screening an EB claimant's work search during a week of "part-total unemployment" (a week in which a claimant otherwise totally unemployed has some earnings), the same "work test" standards that are applied to claims for total unemployment must be used (See Section 5001.A of Part V of the E.S.M.) as there is no continuous attachment and contact with a regular employer which satisfies the requirements of 20 CFR 615.8(g).

5. Action Required. State agencies are requested to inform the appropriate staff of the contents of this directive.

6. Inquiries. Questions regarding this directive should be addressed to the appropriate Regional Office.