2006 Code of Virginia § 60.2-612 - Benefit eligibility conditions

60.2-612. Benefit eligibility conditions.

An unemployed individual shall be eligible to receive benefits for any weekonly if the Commission finds that:

1. He has, in the highest two quarters of earnings within his base period,been paid wages in employment for employers that are equal to not less thanthe lowest amount appearing in Column A of the "Benefit Table" appearing in 60.2-602 on the line which extends through Division C and on which inColumn B of the "Benefit Table" appears his weekly benefit amount. Suchwages shall be earned in not less than two quarters.

2. a. His total or partial unemployment is not due to a labor dispute inactive progress or to shutdown or start-up operations caused by such disputewhich exists (i) at the factory, establishment, or other premises, includinga vessel, at which he is or was last employed, or (ii) at a factory,establishment or other premises, including a vessel, either within or withoutthis Commonwealth, which (a) is owned or operated by the same employing unitwhich owns or operates the premises at which he is or was last employed and(b) supplies materials or services necessary to the continued and usualoperation of the premises at which he is or was last employed. Thissubdivision shall not apply if it is shown to the satisfaction of theCommission that:

(1) He is not participating in or financing or directly interested in thelabor dispute; and

(2) He does not belong to a grade or class of workers of which, immediatelybefore the commencement of the labor dispute, there were members employed atthe premises, including a vessel, at which the labor dispute occurs, any ofwhom are participating in or financing or directly interested in the dispute.

b. If separate branches of work which are commonly conducted as separatebusinesses at separate premises are conducted in separate departments of thesame premises, each such department shall, for the purposes of thissubdivision, be deemed to be a separate factory, establishment or otherpremises. Membership in a union, or the payment of regular dues to a bonafide labor organization, however, shall not alone constitute financing alabor dispute.

3. He is not receiving, has not received or is not seeking unemploymentbenefits under an unemployment compensation law of any other state or of theUnited States; however, if the appropriate agency of such other state or ofthe United States finally determines that he is not entitled to suchunemployment benefits, this subdivision shall not apply.

4. He is not on a bona fide paid vacation. If an individual is paid vacationpay for any week in an amount less than the individual's weekly benefitamount his eligibility for benefits shall be computed under the provisions of 60.2-603.

5. He has registered for work and thereafter has continued to report at anemployment office in accordance with such regulations as the Commission mayprescribe. The Commission may, by regulation, waive or alter either or bothof the requirements of this subdivision for certain types of cases when itfinds that compliance with such requirements would be oppressive, or would beinconsistent with the purposes of this title.

6. He has made a claim for benefits in accordance with regulations theCommission may prescribe.

7. a. He is able to work, is available for work, and is actively seeking andunable to obtain suitable work. Every claimant who is totally unemployedshall report to the Commission the names of employers contacted each week inhis effort to obtain work. This information may be subject to employerverification by the Commission through a program designed for that purpose.The Commission may determine that registration by a claimant with theVirginia State Job Service may constitute a valid employer contact andsatisfy the search for work requirement of this subsection in labor marketareas where job opportunities are limited. The Commission may determine thatan individual, whose usual and customary means of soliciting work in hisoccupation is through contact with a single hiring hall which makes contactswith multiple employers on behalf of the claimant, meets the requirement thathe be actively seeking and unable to obtain suitable work by contacting thathiring hall alone. In areas of high unemployment, as determined by theCommission, the Commission has the authority to adjust the requirement thathe be actively seeking and unable to obtain suitable work.

b. An individual who leaves the normal labor market area of the individualfor the major portion of any week is presumed to be unavailable for workwithin the meaning of this section. This presumption may be overcome if theindividual establishes to the satisfaction of the Commission that theindividual has conducted a bona fide search for work and has been reasonablyaccessible to suitable work in the labor market area in which the individualspent the major portion of the week to which the presumption applies.

c. An individual whose type of work is such that it is performed byindividuals working two or more shifts in a 24-hour period shall not bedeemed unavailable for work if the individual is currently enrolled in one ormore classes of education related to employment or is continuing in acertificate or degree program at an institution of higher education, providedthat the enrollment would only limit the individual's availability for oneshift and the individual is otherwise available to work any of the othershifts.

8. He has given notice of resignation to his employer and the employersubsequently made the termination of employment effective prior to the dateof termination as given in the notice, but in no case shall unemploymentcompensation benefits awarded under this subdivision exceed two weeks;provided, that the claimant could not establish good cause for leaving workpursuant to 60.2-618 and was not discharged for misconduct as provided in 60.2-618.

9. Beginning January 6, 1991, he has served a waiting period of one weekduring which he was eligible for benefits under this section in all otherrespects and has not received benefits, except that only one waiting weekshall be required of such individual within any benefit year. For claimsfiled effective November 28, 1999, and after, this requirement shall bewaived for any individual whose unemployment was caused by his employerterminating operations, closing its business or declaring bankruptcy withoutpaying the final wages earned as required by 40.1-29 of the Code ofVirginia. Notwithstanding any other provision of this title, if an employerwho terminates operations, closes its business or declares bankruptcy pays anindividual his final wages after the period of time prescribed by 40.1-29of the Code of Virginia, such payment shall not be offset against thebenefits the individual was otherwise entitled to receive and shall not,under any circumstances, cause such individual to be declared overpaidbenefits.

10. He is not imprisoned or confined in jail.

11. He participates in reemployment services, such as job search assistanceservices, if he has been determined to be likely to exhaust regular benefitsand need reemployment services pursuant to a profiling system established bythe Commission, unless the Commission determines that (i) such claimant hascompleted such services or (ii) there is good cause for such claimant'sfailure to participate in such services.

(Code 1950, 60-46; 1954, c. 203; 1956, c. 440; 1962, c. 270; 1966, c. 30;1968, c. 9; 1968, c. 738, 60.1-52; 1970, c. 104; 1974, c. 264; 1976, c.708; 1977, c. 445; 1980, c. 463; 1981, c. 606; 1982, c. 265; 1983, c. 359;1984, c. 458; 1985, c. 563; 1986, c. 480; 1988, c. 521; 1990, c. 908; 1993,c. 249; 1995, c. 436; 2000, c. 573; 2004, c. 496.)