Ability to work; available for work; military service; approved
training
Sec. 3. (a) This section does not apply to an individual who is
receiving benefits as determined under IC 22-4-15-1(c)(8).
(b) An unemployed individual shall be eligible to receive benefits
with respect to any week only if the individual:
(1) is physically and mentally able to work;
(2) is available for work;
(3) is found by the department to be making an effort to secure
full-time work; and
(4) participates in reemployment services, such as job search
assistance services, if the individual has been determined to be
likely to exhaust regular benefits and to need reemployment
services under a profiling system established by the
commissioner, unless the commissioner determines that:
(A) the individual has completed the reemployment services;
or
(B) failure by the individual to participate in or complete the
reemployment services is excused by the director under
IC 22-4-14-2(b).
The term "effort to secure full-time work" shall be defined by the
board through rule which shall take into consideration whether such
individual has a reasonable assurance of reemployment and, if so, the
length of the prospective period of unemployment. However, if an
otherwise eligible individual is unable to work or unavailable for
work on any normal work day of the week the individual shall be
eligible to receive benefits with respect to such week reduced by
one-third (1/3) of the individual's weekly benefit amount for each day
of such inability to work or unavailability for work.
(c) For the purpose of this article, unavailability for work of an
individual exists in, but is not limited to, any case in which, with
respect to any week, it is found:
(1) that such individual is engaged by any unit, agency, or
instrumentality of the United States, in charge of public works
or assistance through public employment; or any unit, agency,
or instrumentality of this state, or any political subdivision
thereof, in charge of any public works or assistance through
public employment;
(2) that such individual is in full-time active military service of
the United States, or is enrolled in civilian service as a
conscientious objector to military service;
(3) that such individual is suspended for misconduct in
connection with the individual's work; or
(4) that such individual is in attendance at a regularly
established public or private school during the customary hours
of the individual's occupation or is in any vacation period
intervening between regular school terms during which the
individual is a student. However, this subdivision does not
apply to any individual who is attending a regularly established
school, has been regularly employed and upon becoming
unemployed makes an effort to secure full-time work and is
available for suitable full-time work with the individual's last
employer, or is available for any other full-time employment
deemed suitable.
(d) Notwithstanding any other provisions in this section or
IC 22-4-15-2, no otherwise eligible individual shall be denied
benefits for any week because the individual is in training with the
approval of the department, nor shall such individual be denied
benefits with respect to any week in which the individual is in
training with the approval of the department by reason of the
application of the provisions of this section with respect to the
availability for work or active search for work or by reason of the
application of the provisions of IC 22-4-15-2 relating to failure to
apply for, or the refusal to accept, suitable work. The board shall by
rule prescribe the conditions under which approval of such training
will be granted.
(Formerly: Acts 1947, c.208, s.1403; Acts 1951, c.307, s.3; Acts
1955, c.317, s.8; Acts 1967, c.310, s.18; Acts 1971, P.L.355, SEC.30;
Acts 1975, P.L.253, SEC.1.) As amended by Acts 1976, P.L.114,
SEC.4; Acts 1980, P.L.158, SEC.3; P.L.227-1983, SEC.7;
P.L.18-1987, SEC.42; P.L.21-1995, SEC.79; P.L.189-2003, SEC.2.
Last modified: May 27, 2006