Miscellaneous MI 75
This section discusses eligibility for Unemployment Compensation for Ex-service-persons (UCX) claims. For procedures, see FOMs UCX and Determinations.
Unemployment Compensation for Federal Employees (UCFE) claims are adjudicated under California law in the same manner as regular California claims. See FOMs UCFE and Determinations for procedures.
A. Military Service and Wage Credits
To establish a claim using wage credits from military service, the claimant must have served in active duty status, including active duty for training purposes, in the:
- Armed forces, or the
- Commissioned Corps of the National Oceanic and Atmospheric Administration.
The length of service required to qualify will vary among the service branches. Each branch determines whether the length of service has been qualifying. See UCX manual.
Claims filed on or after November 17, 1991 with weeks paid after November 16, 1991, are computed applying the usual California wage requirements. Except as noted below, all eligibility is decided by California law.
UCX wages may be used in the same manner as wages for regular California claims. The UCX wages may be used to file an Interstate claim, California claim, combined with non-UCX wages in a joint claim, or assigned to a combined wage claim.
B. Finality of Federal Findings
The information provided by the service branch on Forms DD214/DD215 is regarded as final and conclusive, both for the monetary award and for the separation information. The claimant may appeal that information by contacting his or her own branch of the service (see UCX manual appendix for branch addresses), or by contacting the Veteran’s Administration for upgrading of discharge status.
1. Voluntary Quit and Discharge
Unemp. Ins. Code, Section 1256, does not apply to separations from military service. Federal rights statutes supersede State law.
2. Suitable Work: Reemployment Rights After Discharge
An ex-serviceperson, other than a reservist, has reemployment rights. The reemployment rights include increased seniority that would have been given had he or she not left for the service, promotions granted by seniority while the ex-serviceperson was in the military, pay increases he or she would have received if military service had not intervened, and accrued vacation time. Reemployment rights do not survive beyond five years from the date of induction (i.e., retired military do not qualify for reemployment rights) and the separation from the military must be under honorable conditions. There are exceptions for extending the maximum period of military service if the service is at the request of, and for the convenience of, the federal government. If the serviceperson is unable to perform the duties of the job because of a disability sustained while in the military, the employer must offer a reasonable accommodation; employment similar to the employment to which the claimant was physically unable to return.
A reservist who is ordered to an initial period of active duty for training of no less than 90 consecutive days must exercise his or her reemployment rights within 31 days after his or her release from active duty and cannot be discharged within 6 months after reemployment except for misconduct.
Federal law does not require the employer to:
- Grant reemployment rights if the serviceperson has not requested to leave to fulfill a military obligation after legitimately, and without coercion, resigned from the employment prior to active duty.
- Create a useless job when there has been a reduction in force that would have included the serviceperson.
Federal law does not require the claimant to:
- Prove to the employer that the military service was satisfactorily completed.