2007 California Unemployment Insurance Code Article 1. Eligibility And Disqualifications

CA Codes (uic:1251-1265.9)

UNEMPLOYMENT INSURANCE CODE
SECTION 1251-1265.9



1251.  Unemployment compensation benefits are payable from the
Unemployment Fund to unemployed individuals who are eligible under
this part.


1252.  (a) An individual is "unemployed" in any week in which he or
she meets any of the following conditions:
   (1) Any week during which he or she performs no services and with
respect to which no wages are payable to him or her.
   (2) Any week of less than full-time work, if the wages payable to
him or her with respect to the week, when reduced by twenty-five
dollars () or 25 percent of the wages payable, whichever is
greater, do not equal or exceed his or her weekly benefit amount.
   (3) Any week for which, except for the requirements of subdivision
(d) of Section 1253, he or she would be eligible for benefits under
Section 1253.5.
   (4) Any week during which he or she performs full-time work for
five days as a juror, or as a witness under subpoena.
   (b) Authorized regulations shall be prescribed making such
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.
   (c) For the purpose of this section only "wages" includes any and
all compensation for personal services whether performed as an
employee or as an independent contractor or as a juror or as a
witness,  but does not include any payment received by a member of
the National Guard or reserve component of the armed forces for
inactive duty training, annual training, or emergency state active
duty.


1252.1.  With respect to individuals hired as commercial fishermen a
"totally unemployed individual" means an individual who, during a
particular week, while still attached to his employer from the
standpoint that there did not occur any severance of the
employer-employee relationship, earned no wages and performed no
services because his employer's boat was tied up for one or more of
the following reasons:
   (a) Inclement weather.
   (b) Absence of fish in fishable waters.
   (c) Lack of orders for fish from buyers.
   (d) Boat is laid up for repairs.



1252.2.  With respect to individuals hired as commercial fishermen a
"partially unemployed individual" means an individual who, during a
particular week meets all of the following conditions:
   (a) Was employed by his or her regular employer in the act of
catching or attempting to catch fish.
   (b) Was during the week continuously attached to his or her
employer from the standpoint that there did not occur any severance
of the employer-employee relationship.
   (c) (1) Worked less than normal customary full-time hours or full
number of days per week for his or her regular employer because of
lack of full-time work, or
   (2) If normal customary full-time hours or full number of days per
week are not determinable, he or she worked less than four (4) days
during a payroll week for his or her regular employer because of lack
of full-time work.
   (d) Earned wages which, when reduced by twenty-five dollars ()
or 25 percent of the wages, whichever is greater, do not equal or
exceed his or her weekly benefit amount.




1253.  An unemployed individual is eligible to receive unemployment
compensation benefits with respect to any week only if the director
finds that:
   (a) A claim for benefits with respect to that week has been made
in accordance with authorized regulations.
   (b) He or she has registered for work, and thereafter continued to
report, at a public employment office or any other place as the
director may approve.  Either or both of the requirements of this
subdivision may be waived or altered by authorized regulation as to
partially employed individuals attached to regular jobs.
   (c) He or she was able to work and available for work for that
week.
   (d) He has been unemployed for a waiting period of one week as
defined in Section 1254, unless this waiting period has been waived
pursuant to Section 8571 of the Government Code.
   (e) He or she conducted a search for suitable work in accordance
with specific and reasonable instructions of a public employment
office.
   (f) He or she participated as required by the director in
reemployment activities, such as orientation and assessment if the
individual has been identified pursuant to an automated profiling
system as likely to exhaust regular unemployment benefits unless the
individual has shown good cause for failure to participate.



1253.1.  An unemployed individual who is in all respects otherwise
eligible for unemployment compensation benefits shall not be deemed
ineligible for any week in which, for not exceeding two working days,
he cannot reasonably be expected to work because:
   (a) He is unlawfully detained.
   (b) He is lawfully detained or arrested, but the charge against
such individual is subsequently dismissed.
   (c) Notwithstanding any other provision of this division, any
determination made pursuant to subdivision (b) of this section may,
if no appeal has been filed therefrom, be reconsidered by the
department within 15 days from the date that the charge is dismissed.
  Notice of any reconsidered determination shall be given to the
claimant and any employer or employing unit which received notice
under Section 1328 or 1331, and the claimant or employer may appeal
therefrom in the manner prescribed in Section 1328.



1253.12.  An unemployed individual who is in all respects otherwise
eligible for unemployment compensation benefits, shall not be deemed
ineligible for any week in which:
   (a) For not exceeding two working days, he or she cannot
reasonably be expected to work because there has been a death in his
or her immediate family in the state in which he or she resides.
   (b) For not exceeding four working days, he or she cannot
reasonably be expected to work because there has been a death in his
or her immediate family outside of the state in which he or she
resides.



1253.15.  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 shall not
be deemed ineligible in any week for which he has unexpired leave
time for which he has been compensated upon his discharge.




1253.2.  An unemployed individual who is in all respects otherwise
eligible for unemployment compensation benefits shall not be 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:
   (a) He is employed in longshoring operations;
   (b) His employer regularly offers employment to individuals
employed in such operations seven days a week;
   (c) He is able to work and available for work for six days of the
week except as provided in Section 1253.1 or 1253.12.



1253.3.  (a) Notwithstanding any other provision of this division,
unemployment compensation benefits, extended duration benefits, and
federal-state extended benefits are payable on the basis of service
to which Section 3309(a)(1) of the Internal Revenue Code of 1954
applies, 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.
   (b) Benefits specified by subdivision (a) based on service
performed in the employ of a nonprofit organization, or of any entity
as defined by Section 605, with respect to service in an
instructional, research, or principal administrative capacity for an
educational institution are not payable to any individual with
respect to any week which begins during the period between two
successive academic years or terms or, when an agreement provides
instead for a similar period between two regular but not successive
terms, during that period, or during a period of paid sabbatical
leave provided for in the individual's contract, if the individual
performs services in the first of the academic years or terms and if
there is a contract or a reasonable assurance that the individual
will perform services for any educational institution in the second
of the academic years or terms.
   (c) Benefits specified by subdivision (a) based on service
performed in the employ of a nonprofit organization, or of any entity
as defined by Section 605, with respect to service in any other
capacity than specified in subdivision (b) for an educational
institution shall not be payable to any individual with respect to
any week which commences during a period between two successive
academic years or terms if the individual performs the service in the
first of the academic years or terms and there is a reasonable
assurance that the individual will perform the service in the second
of the academic years or terms.  However, if the individual was not
offered an opportunity to perform the services for an educational
institution for the second of the academic years or terms, the
individual shall be entitled to a retroactive payment of benefits for
each week for which the individual filed a timely claim for benefits
and for which benefits were denied solely by reason of this
subdivision.  Retroactive benefits shall be claimed in accordance
with the department's procedures which shall specify that except
where the individual was entitled to benefits based on services
performed for other than an educational institution, an individual
who has a reasonable assurance of reemployment may satisfy the search
for work requirement of subdivision (e) of Section 1253, by
registering for work pursuant to subdivision (b) of Section 1253
during the period between the first and second academic terms or
years.  A claim for retroactive benefits may be made no later than 30
days following the commencement of the second academic year or term.

   (d) Benefits specified by subdivision (a) based on service
performed in the employ of a nonprofit organization, or of any entity
as defined by Section 605, with respect to services specified by
subdivision (b) or (c), are not payable to any individual with
respect to any week that commences during an established and
customary vacation period or holiday recess if the individual
performs the services in the period immediately before the vacation
period or holiday recess, and there is a reasonable assurance that
the individual will perform the services in the period immediately
following the vacation period or holiday recess.
   (e) With respect to any services specified by subdivision (b) or
(c), compensation payable on the basis of services in that capacity
may be denied as specified in subdivision (b), (c), or (d) to any
individual who performed the services in an educational institution
while in the employ of an educational service agency, and for this
purpose the term "educational service agency" means a governmental
agency or governmental entity that is established and operated
exclusively for the purpose of providing the services to one or more
educational institutions.
   (f) Benefits specified by subdivision (a) based on service
performed in the employ of a nonprofit organization, or of any entity
as defined by Section 605, are not payable during the periods of
time, and subject to the same conditions, contained in subdivisions
(b), (c), (d), and (h), if the services are provided to, or on behalf
of, an educational institution.
   (g) For purposes of this section, "reasonable assurance" includes,
but is not limited to, an offer of employment or assignment made by
the educational institution, provided that the offer or assignment is
not contingent on enrollment, funding, or program changes.  An
individual who has been notified that he or she will be replaced and
does not have an offer of employment or assignment to perform
services for an educational institution is not considered to have
reasonable assurance.
   (h) For purposes of this section, if the time for service
performed during the period of and pursuant to any contract for any
academic year or term by an individual for any employing unit as
specified in subdivision (b) or (c) constitutes one-half or more of
the time in total service performed for the employing unit by the
individual during that same period for remuneration, all the services
of the individual for the employing unit for that period shall be
deemed subject to the benefit payment restriction provisions of this
section.
   (i) Any entity as defined by Section 605, with respect to any
individual performing a service in any other capacity other than
specified in subdivision (b) for an educational institution, shall
provide a written statement indicating the following to the
individual no later than 30 days before the end of the first of the
academic years or terms:
   (1) Whether or not there is a reasonable assurance of
reemployment.
   (2) Whether or not it is stated that the individual has no
reasonable assurance of reemployment, that the individual should file
a claim for benefits at the close of the academic year or term.
   (3) If it is stated that the individual has reasonable assurance
of reemployment, the written statement shall also inform the employee
that he or she may file a claim for benefits and that the
determination for eligibility for benefits is made by the Employment
Development Department and not by the employer.
   (4) If it is stated that the individual has reasonable assurance
of reemployment, that the individual shall be entitled to a
retroactive payment of benefits if the individual is not offered an
opportunity to perform the services for the educational institution
for the second of the academic years or terms, if the individual is
otherwise eligible and he or she filed a claim for each week benefits
are claimed, and if a claim for retroactive benefits is made no
later than 30 days following the commencement of the second academic
year or term.


1253.4.  Unemployment compensation benefits, extended duration
benefits, and federal-state extended benefits shall not be 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, for any week which commences
during the period between two successive sport seasons, or similar
periods, if such individual performed such services in the first of
such seasons, or similar periods, and there is a reasonable assurance
that such individual will perform such services in the later of such
seasons, or similar periods.


1253.5.  Notwithstanding the provisions of subdivision (c) of
Section 1253, if an individual is, in all other respects, eligible
for benefits under this part, and such individual becomes unable to
work due to a physical or mental illness or injury for one or more
days during such week, he shall 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.  The amount of benefits payable, if not a multiple of one
dollar (), shall be computed to the next higher multiple of one
dollar ().  The individual shall not be entitled to unemployment
compensation benefits for any day during such week which he is unable
to work due to such physical or mental illness or injury.



1253.6.  For purposes of subdivision (c) of Section 1253, an
unemployed individual who is in all respects otherwise eligible for
unemployment compensation benefits, shall not 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.



1253.7.  For the purposes of subdivision (e) of Section 1253, an
individual shall not be disqualified for any week solely because of
either of the following:
   (a) The individual is before any court of the United States or any
state pursuant to a lawfully issued summons to appear for jury duty.

   (b) The individual is hospitalized for treatment of an emergency
or life-threatening condition.



1253.8.  An unemployed individual shall not be 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 work
pursuant to subdivision (c) of Section 1253 if it is determined that
all of following conditions exist:
   (a) The claim is based on the part-time employment.
   (b) The claimant is actively seeking and is willing to accept work
under essentially the same conditions as existed while the wage
credits were accrued.
   (c) 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.



1253.9.  An unemployed individual may not be disqualified for
unemployment compensation benefits solely on the basis that he or she
is a student.  An unemployed individual may be considered to be able
and available for work pursuant to subdivision (c) of Section 1253,
if the school attendance does not eliminate a substantial portion of
the individual's full-time labor market availability.  If an
unemployed individual restricts his or her availability to part-time
work due to school attendance, he or she may be considered to be able
to work and available for work if he or she meets the criteria set
forth in Section 1253.8.


1254.  No week shall be counted as a week of unemployment under
subdivision (d) of Section 1253:
   (a) Unless it occurs within the benefit year which includes the
week with respect to which he claims payment of unemployment
compensation benefits, but this requirement shall not interrupt the
payment of such benefits for consecutive weeks of unemployment.  The
week immediately preceding a benefit year, if part of one
uninterrupted period of unemployment which continues into that
benefit year shall be deemed, for the purposes of this section only,
to be within such benefit year as well as within the preceding
benefit year.
   (b) If unemployment compensation benefits have been paid with
respect to that week.
   (c) Unless the individual was eligible for unemployment
compensation benefits with respect thereto in all respects, except
for the requirements of subdivision (d) of Section 1253 and Section
1281.


1255.  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.  If the appropriate agency of the other state
or of the United States finally determines that he is not entitled to
unemployment compensation benefits, this section shall not apply.



1255.3.  (a) Except as provided by subdivisions (c) and (d), the
amount of unemployment compensation benefits, extended duration
benefits, and federal-state extended benefits payable to an
individual for any week which begins after March 31, 1980, 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 shall 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.
   (b) Subdivision (a) shall be operative only during such time as
Section 3304 of the Federal Unemployment Tax Act requires that state
unemployment insurance laws contain those provisions as a condition
of certification of state unemployment insurance laws by the
Secretary of Labor.
   (c) Subdivision (a) shall apply to any pension, retirement or
retired pay, annuity, or other similar periodic payment only if both
of the following are met:
   (1) The pension, retirement or retired pay, annuity, or similar
payment is under a plan maintained (or contributed to) by a base
period or chargeable employer.
   (2) In the case of such a payment not made under the federal
Social Security Act or the federal Railroad Retirement Act of 1974
(or the corresponding provisions of prior law), services performed
for the employer by the individual after the beginning of the base
period (or remuneration for such services) affect eligibility for, or
increase the amount of, such pension, retirement or retired pay,
annuity, or similar periodic payment.
   (d) (1) Subdivision (a) shall not apply to any pension, retirement
or retired pay, annuity or other similar periodic payment if the
individual has made any contribution to the pension, retirement or
retired pay, annuity, or other similar periodic payment.
   (2) The amendments made to this subdivision during the 1986
portion of the 1985-86 Regular Session shall apply to new claims
filed with an effective date beginning on or after January 1, 1987.
   (e) The amendments made to subdivision (c) of this section during
the 1985 portion of the 1985-86 Regular Session shall apply
retroactively to all unemployment compensation benefits, extended
duration benefits, and federal-state extended benefits, payable to an
individual for any week which begins after November 1, 1980.



1255.5.  (a) 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, or employer's liability law of
this state, or of any other state, or of the federal government,
except that if such cash payments are less than the amount he would
otherwise receive as unemployment compensation benefits or extended
duration benefits under this division, he shall be entitled to
receive for such day or days, if otherwise eligible, unemployment
compensation benefits or extended duration benefits reduced by the
amount of such cash payments.
   (b) Notwithstanding any other provision of this division, an
individual who is ineligible to receive unemployment compensation
benefits or extended duration benefits under subdivision (a) of this
section for one or more days of a week of unemployment and who is
eligible to receive unemployment compensation benefits or extended
duration benefits for the other days of that week is, with respect to
that week, entitled to an amount of unemployment compensation
benefits or extended duration benefits computed by reducing his
weekly benefit amount by the amount of temporary total disability
indemnity received for that week.
   (c) The amount determined under subdivision (a) or (b), if not a
multiple of one dollar (), shall be computed to the next higher
multiple of one dollar ().



1255.7.  (a) The Department of Child Support Services shall notify
the director whether an individual filing a claim for unemployment
compensation after October 1, 1982, owes support obligations as
defined under subdivision (h), and notify the department of any
changes in the status of these individuals to ensure that the
department has a current record.
   (b) The department shall maintain and keep current a record of
individuals who owe support obligations and who may have claims for
unemployment compensation benefits.
   (c) The department shall deduct and withhold support obligations
as defined under subdivision (h) from any unemployment compensation
payable to an individual who owes these obligations.
   (d) Any amount deducted and withheld under subdivision (c) shall
be paid by the department to the appropriate county or to the
Department of Child Support Services as the assigned payee, as
stipulated by mutual agreement, in the interagency agreement between
the department and the Department of Child Support Services.
   (e) Any amount deducted and withheld under subdivision (c) shall
for all purposes be treated as if it were paid to the individual as
unemployment compensation and paid by the individual to the
Department of Child Support Services.
   (f) For purposes of subdivisions (a) to (e), inclusive,
"unemployment compensation" means any compensation payable under this
division, except Part 2 (commencing with Section 2601), but
including amounts payable by the department pursuant to an agreement
under any federal unemployment compensation law.
   (g) This section applies only if appropriate arrangements have
been made for reimbursement by the Department of Child Support
Services for the administrative costs incurred by the Employment
Development Department.
   (h) For purposes of this section, "support obligations" means the
child and related spousal support obligations which are being
enforced pursuant to a plan described in Section 454 of the Social
Security Act and as that section may hereafter be amended.  However,
to the extent "related spousal support obligations" may not be
collected from unemployment compensation under federal law, those
obligations shall not be included in the definition of support
obligations under this section.


1256.  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.
   An individual is presumed to have been discharged for reasons
other than misconduct in connection with his or her work and not to
have voluntarily left his or her work without good cause unless his
or her employer has given written notice to the contrary to the
department as provided in Section 1327, setting forth facts
sufficient to overcome the presumption. The presumption provided by
this section is rebuttable.
   An individual whose employment is terminated under the compulsory
retirement provisions of a collective bargaining agreement to which
the employer is a party, shall not be deemed to have left his or her
work without good cause.
   An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to accompany his
or her spouse or domestic partner to a place from which it is
impractical to commute to the employment.  For purposes of this
section "spouse" includes a person to whom marriage is imminent.
   An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to protect his or
her children, or himself or herself, from domestic violence abuse.
   An individual shall be deemed to have left his or her most recent
work with good cause if he or she elects to be laid off in place of
an employee with less seniority pursuant to a provision in a
collective bargaining agreement that provides that an employee with
more seniority may elect to be laid off in place of an employee with
less seniority when the employer has decided to lay off employees.



1256.1.  (a) 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 shall be deemed
to have left his work voluntarily without good cause for the purposes
of Section 1256.  A plea or verdict of guilty, or a conviction
following a plea of nolo contendere, is deemed to be a conviction
within the meaning of this section irrespective of whether an order
granting probation or other order is made suspending the imposition
of the sentence or whether sentence is imposed but execution thereof
is suspended.
   (b) Notwithstanding any other provision of this division, any
determination made prior to a conviction or other final disposition
of the criminal complaint or accusation by the court as to whether an
individual who is terminated due to his absence from work because of
incarceration voluntarily leaves without good cause may, if no
appeal has been taken from the determination, for good cause be
reconsidered by the department during the benefit year or extended
duration period to which the determination relates.  Notice of any
reconsidered determination shall be given to the claimant and any
employer or employing unit which received notice under Section 1328
or 1331, and the claimant or employer may appeal therefrom in the
manner prescribed in Section 1328.



1256.2.  (a) Except as otherwise provided in subdivision (b), an
individual who terminates his or her employment shall not be 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 in subdivision (a) of Section 12940
of the Government Code, as those bases are defined in Sections 12926
and 12926.1 of the Government Code.
   (b) Subdivision (a) does not apply to the following:
   (1) A deprivation of equal employment opportunities that is based
upon a bona fide occupational qualification or applicable security
regulations established by the United States or this state,
specifically, as provided in Section 12940 of the Government Code.
   (2) An individual who fails to make reasonable efforts to provide
the employer with an opportunity to remove any unintentional
deprivation of the individual's equal employment opportunities.



1256.3.  For the purposes of Sections 1256, 1256.1, 1256.2, 1256.4,
and 1256.5, "most recent work" is that work in which a claimant last
performed compensated services:
   (a) Prior to and nearest the date of filing a valid new, reopened,
or additional claim for unemployment compensation benefits, a valid
primary, reopened, or additional claim for extended duration
benefits, or a valid application, or reopened or additional claim for
federal-state extended benefits.
   (b) During the calendar week for which a continued claim is filed.



1256.4.  (a) An individual is disqualified for unemployment
compensation benefits if either of the following occur:
   (1) The director finds that he or she was discharged from his or
her most recent work for chronic absenteeism due to intoxication or
reporting to work while intoxicated or using intoxicants on the job,
or gross neglect of duty while intoxicated, when any of these
incidents is caused by an irresistible compulsion to use or consume
intoxicants, including alcoholic beverages.
   (2) He or she otherwise left his or her most recent employment for
reasons caused by an irresistible compulsion to use or consume
intoxicants, including alcoholic beverages.
   (b) An individual disqualified under this section, under a
determination transmitted to him or her by the department, 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, or until a physician or authorized
treatment program administrator certifies that the individual has
entered into and is continuing in, or has completed, a treatment
program for his or her condition and is able to return to employment.

   (c) The department shall advise each individual disqualified under
this section of the benefits available under Part 2 (commencing with
Section 2601), and, if assistance in locating an appropriate
treatment program is requested, refer the individual to the
appropriate county drug or alcohol program administrator.



1256.5.  (a) An individual shall 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. No
steps shall be required if the director finds it would have been
futile.  For purposes of this subdivision, unwelcome sexual advances,
requests for sexual favors, and other verbal, visual, or physical
conduct of a sexual nature constitutes sexual harassment when any of
the following occur:
   (1) Submission to the conduct is made either explicitly or
implicitly a term or condition of an individual's employment.
   (2) Submission to or rejection of the conduct by an individual is
used as the basis for employment decisions affecting the individual.

   (3) The conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an
intimidating, hostile, or offensive working environment.
   (b) Findings of fact and law by the director shall not
collaterally estop adjudication of the issue of sexual harassment in
another forum.



1257.  An individual is also disqualified for unemployment
compensation benefits if:
   (a) He or she willfully, for the purpose of obtaining unemployment
compensation benefits, either made a false statement or
representation, including, but not limited to, using a false name,
false social security number, or other false identification, with
actual knowledge of the falsity thereof, or withheld a material fact
in order to obtain any unemployment compensation benefits under this
division.
   (b) 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.



1258.  "Suitable employment" means work in the individual's usual
occupation or for which he is reasonably fitted, regardless of
whether or not it is subject to this division.
   In determining whether the work is work for which the individual
is reasonably fitted, the director shall consider the degree of risk
involved to the individual's health, safety, and morals, his physical
fitness and prior training, his experience and prior earnings, his
length of unemployment and prospects for securing local work in his
customary occupation, and the distance of the available work from his
residence, and such other factors as would influence a reasonably
prudent person in the individual's circumstances.



1258.5.  "Suitable employment" does not include employment with an
employer who does not:
   (a) Possess an appropriate state license to engage in his
business, trade, or profession; or
   (b) Withhold or hold in trust the employee contributions required
by Part 2 (commencing with Section 2601) of this division for
unemployment compensation disability benefits and does not transmit
all such employee contributions to the department for the Disability
Fund as required by Section 986; or
   (c) Carry either workers' compensation insurance or possess a
certificate of self-insurance as required by Division 4 (commencing
with Section 3201) of the Labor Code.



1259.  Notwithstanding any other provisions of this division, no
work or employment shall be deemed suitable and benefits shall not be
denied to any otherwise eligible and qualified individual for
refusing new work under any of the following conditions:
   (a) If the position offered is vacant due directly to a strike,
lockout, or other labor dispute.
   (b) If the wages, hours, or other conditions of the work offered
are substantially less favorable to the individual than those
prevailing for similar work in the locality.
   (c) If, as a condition of being employed, the individual would be
required to join a company union or to resign from or refrain from
joining any bona fide labor organization.
   (d) If the offer of employment is from an employer who does not
possess an appropriate state license to engage in his business,
trade, or profession if required by state law.
   (e) If the offer of employment is from an employer who does not
carry either workmen's compensation insurance or possess a
certificate of self-insurance as required by Division 4 (commencing
with Section 3201) of the Labor Code.
   (f) If the offer of employment is from an employer who does not
withhold or hold in trust the employee contributions required by Part
2 (commencing with Section 2601) of this division for unemployment
compensation disability benefits and does not transmit all such
employee contributions to the department for the Disability Fund as
required by Section 986.



1260.  (a) An individual disqualified under Section 1256, under a
determination transmitted to him or her by the department, is
ineligible to receive unemployment compensation benefits for the week
in which the act that causes his or her disqualification occurs and
continuing until he or she has, subsequent to the act that causes
disqualification and his or her registration for work, 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.

   (b) An individual disqualified under subdivision (b) of Section
1257, under a determination transmitted to him or her by the
department, is ineligible to receive unemployment compensation
benefits for not less than 2 nor more than 10 consecutive weeks
beginning with:
   (1) The week in which the cause of his or her disqualification
occurs, if he or she registers for work in that week.
   (2) The week subsequent to the occurrence of the cause of his or
her disqualification in which he or she first registers for work, if
he or she does not register for work in the week in which the cause
of his or her disqualification occurs.
   (c) An individual disqualified under subdivision (a) of Section
1257, under a determination transmitted to him or her by the
department, and who was not paid any benefit amount as a result of
his or her false statement or representation, is ineligible to
receive unemployment compensation benefits for two weeks commencing
with the week in which the determination is mailed to or personally
served upon him or her, or any subsequent week, for which he or she
is first otherwise in all respects eligible for unemployment
compensation benefits and for not more than 13 subsequent weeks for
which he or she is otherwise in all respects eligible for
unemployment compensation benefits. No disqualification under this
subdivision shall be applied to any week if all or any portion of the
week is beyond the three-year period next succeeding the date of the
mailing or personal service of the determination.  This subdivision
shall not apply to an individual convicted under Section 2101.
   (d) An individual disqualified under subdivision (a) of Section
1257, under a determination transmitted to him or her by the
department, and who was paid any benefit amount as a result of his or
her false statement or representation, is ineligible to receive
unemployment compensation benefits for five weeks commencing with the
week in which the determination is mailed to or personally served
upon him or her, or any subsequent week, for which he or she is first
otherwise in all respects eligible for unemployment compensation
benefits and for not more than 10 subsequent weeks for which he or
she is otherwise in all respects eligible for unemployment
compensation benefits.  No disqualification under this subdivision
shall be applied to any week if all or any portion of the week is
beyond the three-year period next succeeding the date of the mailing
or personal service of the determination.  This subdivision shall not
apply to an individual convicted under Section 2101.
   (e) Notwithstanding subdivision (c) or (d), an individual who is
subject to a disqualification that is imposed under subdivision (b)
of Section 1257 may, if he or she is otherwise in all respects
eligible for unemployment compensation benefits, concurrently serve a
disqualification imposed under subdivision (a) of Section 1257.



1260.1.  Notwithstanding any other provision of this division,
benefits shall not be 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.  This section shall not be construed to
authorize cancellation of wage credits or total reduction of benefit
rights for any cause whatsoever, nor shall it limit or affect any
other section that provides for cancellation of wage credits or total
reduction of benefit rights for any cause permitted under this
section.



1261.  When successive disqualifications under Section 1257 occur,
the director may extend the period of ineligibility provided for in
Section 1260 for an additional period not to exceed eight additional
weeks.


1262.  An individual is not eligible for unemployment compensation
benefits, and these benefits shall not be payable to him or her, if
the individual left his or her work because of a trade dispute. The
individual shall 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.



1262.5.  Whenever the department learns that a trade dispute is in
progress, the department shall 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.  The department
shall provide its findings to its field offices in locations affected
by the trade dispute, and shall, upon request, make its findings
available to any employer, employers' association or labor
organization involved in the trade dispute.  The department's
investigation findings shall be based upon the information then
available to it and shall not be a determination as to the
eligibility of any claimant for benefits under Section 1262.



1263.  (a) Any individual convicted under Section 2101 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 shall 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, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code allowing the individual to withdraw
his or her plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty or dismissing the criminal
complaint, but a forfeiture of benefits under this subdivision shall
extend no later than the effective date of any order under Section
1203.4 of the Penal Code, and, if the period of forfeiture has not
previously expired, the forfeiture of benefits under this subdivision
shall terminate as of the effective date of any such order.
   (b) Any individual convicted under Section 2101 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 part, Part 3 (commencing with
Section 3501), or Part 4 (commencing with Section 4001) shall,
irrespective of a subsequent order under the provisions of Section
1203.4 of the Penal Code allowing the individual to withdraw his or
her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty or dismissing the criminal complaint, be
ineligible to receive unemployment compensation or extended duration
benefits or federal-state extended benefits for the week in which the
criminal complaint was filed, or any subsequent week, for which he
or she is first otherwise in all respects eligible for unemployment
compensation or extended duration benefits or federal-state extended
benefits and for 14 subsequent weeks for which he or she is otherwise
in all respects eligible for unemployment compensation or extended
duration benefits or federal-state extended benefits. No
disqualification under this subdivision shall be applied to any week
if all or any portion of the week is beyond the three-year period
next succeeding the date of the filing of the criminal complaint.
   (c) The department shall, effective upon the date of the filing of
a criminal complaint against an individual prosecuted under Section
2101, suspend the payment of benefits to the individual.
   (d) A plea or verdict of guilty, or a conviction following a plea
of nolo contendere, is deemed to be a conviction within the meaning
of this section irrespective of whether an order granting probation
or other order is made suspending the imposition of the sentence or
whether sentence is imposed but execution thereof is suspended.
   (e) Notwithstanding the provisions of this section, an individual
may during a period of forfeiture under subdivision (a) of this
section meet the conditions to remove any disqualification that is
imposed under Sections 1260 or 1261, or subdivision (b) of this
section, but no week during the period of forfeiture shall be used to
offset the amount of any overpayment.



1264.  (a) Unemployment compensation benefits, extended duration
benefits, and federal-state extended benefits shall not be payable on
the basis of services performed by an alien unless the alien is an
individual who was lawfully admitted for permanent residence at the
time the services were performed, was lawfully present for purposes
of performing the services, or was permanently residing in the United
States under color of law at the time the services were performed,
including an alien who was lawfully present in the United States as a
result of the application of the provisions of Section 203(a)(7) or
Section 212(d)(5) of the Immigration and Nationality Act.
   (b) Any data or information required of individuals applying for
benefits specified by subdivision (a) to determine whether these
benefits are not payable to them because of their alien status shall
be uniformly required from all applicants for these benefits.
   (c) In the case of an individual whose application for benefits
specified by subdivision (a) would otherwise be approved, no
determination by the department, an administrative law judge, or the
appeals board that these benefits to the individual are not payable
because of his or her alien status shall be made except upon a
preponderance of the evidence.
   (d) If an alien presents evidence that the Immigration and
Naturalization Service has granted the alien employment authorization
as a result of the alien's application for temporary residence
status under the federal Immigration Reform and Control Act of 1986
(Public Law 99-603), pending a final determination on this
application the department shall not do either of the following:
   (1) Commence or continue to pursue any administrative or judicial
action to collect benefits where there has been a final determination
that these benefits have been overpaid or chargeable to the alien,
because of the alien's immigration status at the time he or she
performed the services compensated by his or her base period wages.
   (2) Determine that the alien was overpaid benefits in the current
benefit year or in any prior benefit year, if the basis for the
determination is the assumption that because the alien is an
applicant for temporary resident status he or she was not, while
performing the services compensated by base period wages, lawfully
admitted for permanent residence, lawfully present for purposes of
performing the services that were compensated by his or her base
period wages, or permanently residing in the United States under
color of law.
   (e) If the Immigration and Naturalization Service grants the
application and adjusts the alien's status to that of lawful
temporary resident, the department shall not take any action
described in paragraph (1) of subdivision (d) or make any
determination described in paragraph (2) of subdivision (d).  If an
alien is not in the status of being lawfully admitted for permanent
residence, lawfully present for the purpose of performing the
services compensated by his or her base period wages, or permanently
residing in the United States under color of law, at the time the
alien's lawful temporary permanent status terminates, then
compensation shall not be payable on the basis of services performed
by the alien after the termination.
   (f) Nothing in subdivision (d) shall be construed to require the
department to do any of the following:
   (1) Repay any amounts collected under any present or past action
as described in paragraph (1) of subdivision (d).
   (2) Redetermine the eligibility for unemployment compensation
benefits of any alien who the department originally determined to be
ineligible because of the alien's status at the time he or she
performed the services compensated by his or her base period wages
and with respect to whom the determination has become final.
   (3) Apply subdivision (d) or (e) retroactively.
   (g) If the United States Secretary of Labor finds that
subdivisions (d) and (e) are not in conformity with the federal
Unemployment Tax Act, and effective as of the date that this finding
becomes final, subdivisions (d), (e), and (f) shall be inoperative
and of no legal force or effect.
   (h) Unless subdivisions (d), (e), and (f) have earlier become
inoperative and  of no legal force or effect pursuant to a finding by
the Secretary of Labor under subdivision (g), subdivisions (d), (e),
(f), and (g) shall remain in effect only until September 30, 1990,
and as of that date shall become inoperative, unless a later enacted
statute which is chaptered before September 30, 1990, deletes or
extends that date.  Notwithstanding this subdivision, however, the
department shall not take any action to collect benefits from an
individual when the collection against that individual was suspended
pursuant to subdivision (e) prior to September 30, 1990.



1265.  Notwithstanding any other provisions of this division,
payments to an individual under a plan or system established by an
employer which makes provisions for his employees generally, or for a
class or group of his employees, for the purpose of supplementing
unemployment compensation benefits shall not be construed to be wages
or compensation for personal services under this division and
benefits payable under this division shall not be denied or reduced
because of the receipt of payments under such arrangements or plans.

   This amendment is hereby declared to be merely a clarification of
the original intention of the Legislature and is not a substantive
change, and is in conformity with the existing administrative
interpretation of the law.



1265.1.  (a) Notwithstanding any other provision of this division,
payments to an individual by an employer who has failed to provide
the advance notice of facility closure required by the federal Worker
Adjustment and Retraining Notification (WARN) Act (29 U.S.C. Sec.
2101 et seq.) or Chapter 4 (commencing with Section 1400) of Part 4
of Division 2 of the Labor Code may not be construed to be wages or
compensation for personal services under this division.
   (b) Benefits payable under this division may not be denied or
reduced because of the receipt of payments related in any way to an
employer's violation of the WARN Act or Chapter 4 (commencing with
Section 1400) of Part 4 of Division 2 of the Labor Code.




1265.5.  Notwithstanding any other provision of this division,
payments to an individual for vacation pay which was earned but not
paid for services performed prior to termination of employment shall
not be construed to be wages or compensation for personal services
under this division and benefits payable under this division shall
not be denied or reduced because of the receipt of these payments.




1265.6.  Notwithstanding any other provision of this division,
payments to an individual for holiday pay for any holiday occurring
in a week during which the individual was unemployed shall be 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.  Payments to an individual for holiday
pay for any holiday occurring in a week during which the individual
was unemployed shall be deemed wages received for the week in which
the holiday falls, if holiday pay is paid prior to the individual's
return to work from a definite period of layoff.
   However, payments to an individual for holiday pay which was
earned but not paid prior to an indefinite layoff, or termination of
employment, or commencement of unemployment caused by disability, as
the case may be, shall not be construed to be wages or compensation
for personal services under this division and benefits payable under
this division shall not be denied or reduced because of the receipt
of these payments.



1265.7.  Notwithstanding any other provision of this division,
payments to an individual for sick pay which was earned but not paid
for services performed prior to termination of employment, shall not
be construed to be wages or compensation for personal services under
this division and benefits payable under this division shall not be
denied or reduced because of the receipt of such payments.



1265.9.  Notwithstanding any other provision of this division,
payments for severance pay or terminal pay to an individual who is
terminated from his or her employment as a direct result of the
expansion of a federal redwood park in northern California by reason
of legislation enacted by Congress in 1977 or 1978, shall not be
construed to be wages or compensation for personal services under
this division, and benefits payable under this division shall not be
denied or reduced because of the receipt of such payment.

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