Able and Available AA 155 - Fact Finding Guide
If the claimant is restricting his/her availability to part-time work, it must first be determined whether the claimant meets the part-time work criteria under UI Code Section 1253.8 (refer to BDG AA5 for a complete discussion of the part-time work criteria).
- If the claimant meets the criteria to restrict to part-time work under UI Code Section 1253.8, no further investigation is necessary. The claimant would be approved for part-time work regardless of the reason why the claimant is restricting his/her availability.
- If the claimant does not meet the criteria to restrict to part-time work under UI Code Section 1253.8, then the claimant’s eligibility must be adjudicated under UI Code Section 1253 (c). Continue with the fact finding questions below.
Fact Finding Guide
- How much time is involved with the domestic duties?
- Are the domestic duties compelling? (Are there alternative methods of meeting the obligations and has the claimant explored those alternatives?)
- Has the claimant’s prospects of work been reduced by the restriction?
- What other arrangements has the claimant made to have the domestic duties performed, in case employment is secured?
- Has the claimant previously worked under the same restrictions?
- Do the claimant’s actions in seeking employment, demonstrate a genuine ability to forego the domestic duties, as well as a desire to secure employment?
- Did the claimant leave his or her last employment because of the domestic duties? If so, how have the circumstances changed to now allow the claimant to again be available for work?
- Did the claimant leave to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new minor child?
- Has the claimant filed for Paid Family Leave?
Whenever the credibility of the claimant’s statement is questionable, verification should be made if possible.
Last Revised: 01/14/2022