§ 1279.5-6. Claimant Responsibilities in the Claim Filing Process.
22 CA ADC § 1279.5-6Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 22. Social Security
Division 1. Employment Development Department (Refs & Annos)
Subdivision 1. Director of Employment Development (Refs & Annos)
Division 1. Unemployment and Disability Compensation
Part 1. Unemployment Compensation
Chapter 5. Unemployment Compensation Benefits
Article 2.4. Work Sharing Unemployment Insurance Benefits
22 CCR § 1279.5-6
§ 1279.5-6. Claimant Responsibilities in the Claim Filing Process.
(a) Filing the initial claim. The employee shall file the first certification received from the work sharing employer with the department and complete a new claim as specified in Section 1326-2 of these regulations no later than fourteen calendar days after the date the certification was issued by the work sharing employer.
(b) Filing continued certifications. The claimant shall complete and present to the department the certification received from the work sharing employer no later than fourteen calendar days after the date it was issued by the work sharing employer. If the certification is mailed to the department, it must be postmarked no later than fourteen calendar days after the date it was issued by the work sharing employer.
(2) If there were any reasons, other than work sharing, for not accepting all work offered to the claimant by the work sharing employer during the week to which the certification applies, such as, jury duty, holiday, illness, or personal leave. If so, the claimant shall provide the date(s) and reason the claimant could not work.
(e) Upon a request by the employer, the requirements of this section may be waived upon approval by the department for the purposes of allowing the certifications to be filed by the work sharing employer through another medium, such as computer magnetic tape. The department may approve a request for a waiver if the employer can demonstrate to the department that it meets specified conditions including, but not limited to, the following:
Credits
Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Section 1279.5, Unemployment Insurance Code.
History
1. New section filed 3-11-94 as an emergency; operative 3-11-94 (Register 94, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-11-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-11-94 order transmitted to OAL 7-11-94 with new subsections (e)-(e)(4) and filed 8-18-94 (Register 94, No. 33).
3. Amendment filed 2-15-96; operative 3-14-96 (Register 96, No. 7).
4. Amendment of subsections (a), (b) and (c)(4)(B) filed 1-8-98; operative 2-7-98 (Register 98, No. 2).
5. Governor Newsom issued Executive Order N-50-20 (2019 CA EO 50-20), dated April 15, 2020, which allows the Employment Development Department to waive strict compliance with certain provisions relating to access to the Work Share program for lay-off aversion, due to the COVID-19 pandemic.
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 22, § 1279.5-6, 22 CA ADC § 1279.5-6
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