Able and Available AA 285 – Fact Finding Guide
Leave of Absence or Vacation
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
- Is the claimant on a leave of absence or vacation? When is the claimant scheduled to return to work?
- Is the claimant in receipt of pay of any kind for the period of the leave? If so, refer to TPU 460.
- For what reasons, and under what terms, was the leave of absence or vacation granted?
- Does the reason for the leave indicate unavailability?
- Is the claimant permitted to accept other employment while on leave?
- Is the claimant seeking permanent or temporary work during the leave? If the claimant is willing to accept temporary work only, is good cause shown for this restriction?
- What other restrictions, if any, has the claimant placed on acceptable work?
- If good cause is shown for all restrictions, does the claimant remain available to a substantial field of employment?
- If no good cause is shown for one or more restrictions, is availability materially reduced by the restriction(s)?
Last Revised: 01/19/2022