Miscellaneous MI 85 - Fact Finding Guide

California Training Benefits

UI Code Section 1267 – CTB Pre-Conditions

1. Is the claimant requesting CTB approval to begin on a date prior to reporting the start of training or BYB?
2. Does the claimant have a valid regular UI claim in effect and in payable status at the time training was reported? If not, is the claimant receiving benefits on a state or federal extension?
3. Is the claimant otherwise eligible for UI benefits?

UI Code Section 1267 – Ongoing CTB Eligibility on Regular UI claim

4. Is the claimant currently in a summer recess period (during June, July, or August) that will last more that three weeks?
5. Has the claimant completed the training program?
6. Did the claimant stop attending training before the training was completed?
7. Does the claimant have good cause for extending the end date of training?

UI Code Section 1268 – Unemployed

1. Is the claimant fully employed, as provided under CUIC Section 1252, at the time of the CTB determination?

UI Code Section 1269(a) – Eligibility under WIOA or ETP

1. Is the training authorized by the federal Workforce Innovation and Opportunity Act? “Authorized” means that a participant may either be attending training funded through an Individual Training Account or special federal grant, or be receiving supportive services such as attendance monitoring from a WIOA program representative.
2. Is the training authorized by the Employment Training Panel?

UI Code Section 1269(b) – Eligibility under TAA

1. Is the training authorized by the federal Trade Act and approved by a TAA specialist?

UI Code Section 1269(c) – Eligibility under CalWORKs

1. Is the training authorized under the California Work Opportunity and Responsibility to Kids?

UI Code Section 1269(d) – Eligibility under ETPL

1. Are both the training provider and training program the claimant is attending listed on California’s ETPL? If unable to locate based on the name of provider given, ask if the training provider uses any other names or DBAs.

UI Code Section 1269(e) – Eligibility under JLUM

1. Is the training arranged or approved by the union?
2. Is the claimant a member in a union in good standing (i.e., dues are current and eligible for dispatch)?
3. Is the claimant a certified journey-level member in his/her trade?
4. What is the name and local number of his/her union?
5. Who is the union contact person and phone number?
6. What is the purpose of the training? Is it industry related and will it make the member more employable in their trade?

UI Code Section 1269.1 – Potential eligibility under self-arranged training

1. Has the claimant been unemployed four or more continuous weeks? If not, is the individual out of work because of effects of automation OR because of a substantial reduction in workforce OR because of a mental or physical disability which prohibits utilization of existing occupational skills? (Section 1269.1[a])
2. Is the claimant unemployed due to a lack of demand for the claimant’s existing skills in the local labor market? (Section 1269.1[b])
3. Is there a reasonable demand in the local labor market area for the training occupation? (Section 1269.1[c])

   Out-of-state training consideration

   1. If the claimant has a California claim and resides and attends school outside of California, does the claimant intend to return to California to seek work in the training occupation after completing training? If so, where and when will the claimant return?
   2. In what area of California will the claimant seek work?
   3. Is there a reasonable labor market demand for the claimant’s training occupation in California?
   4. Is the claimant’s plan to return to California credible? To determine credibility, use the following questions as guidelines.
      1. Does the claimant own a home or maintain a residence in California?
      2. Does the claimant have immediate family members who live in California?
      3. Did the claimant leave California in order to attend out-of-state training? If not, what is the reason the claimant left the state?
      4. Why is the claimant attending training outside of California?
      5. Is similar training offered in California? If so, why did the claimant opt to train in another state?
      6. When did the claimant leave California?
      7. When does the claimant intend to return to California? If the claimant intends to return, to which area of California will he/she return?
      8. In what area of California will the claimant seek work?
      9. Does the claimant have a job offer in California after completing training? If so, where is it and when does it start?

NOTE: If the claimant does not meet the criteria defined in Section 1269.1(c) but federal extended benefits are in effect at the time training begins, go to Section 1269.1(h) questions below.

4. Is the training provided at a state-accredited or “bona fide” facility? (Section 1269.1[d])

   NOTE: Staff should determine by reviewing the lists found in the preceding BDG section or by accessing U.S. Department of Education’s database at https://ope.ed.gov/accreditation/.

5. When federal extended benefits are not in effect in California, can the training course be completed in two years or less? (Section 1269.1[d])

   When federal extended benefits are in effect in California, can the training course be completed in four years or less? (Section 1269.1[d])

6. Is the training course full-time according to the training provider? (Full-time is usually not less than 20 hours a week or 12 semester/quarter units) (Section 1269.1[e])

   NOTE: If the training course is less than 20 hours a week or 12 units, but is considered full-time by the training institution, it is to be considered full-time and the claimant satisfies the 1269.1(e) criteria. Additionally, 10 hours a week or six units is considered full-time during the summer session.

7. Does the claimant have the ability to successfully complete the training based on aptitude and a credible plan to financially sustain him/herself if his/her training benefits exhaust prior to the end of the training program? (Section 1269.1[f])
8. Has the claimant participated in a prior CTB training beginning less than three years from the start date of the new training? (Section 1269.1[g])

If federal extended benefits are in effect in California when the CTB determination is made and the claimant does not meet any part of Section 1269.1(c), use the following guidelines for determining eligibility under Section 1269.1(h).

9. Is the claimant enrolled in a community college or other accredited post secondary education program? (Section 1269.1[h])

   NOTE: Staff should determine by reviewing the California Community College Chancellor’s Office list or by accessing U.S. Department of Education’s database at https://ope.ed.gov/accreditation/.

10. Is the claimant enrolled in a remedial, pre-requisite or skills training which will increase his or her employment opportunities or lead to an industry- recognized credential or certificate designed for a specific occupation? (Section 1269.1[h])

UI Code Section 1271 – Training Extension (TE)

1. Did the claimant make a timely inquiry about CTB or training, or report the start of school or training prior to the payment of the 16th week of benefits on the regular UI claim? If the claim is less than 16 weeks, did the inquiry or reporting of training occur prior to the last payment that exhausted the regular UI claim?
2. If the claimant made a timely inquiry or report of training, was the UI claim BYE prior to the start of training?

UI Code Section 1271 – Ongoing CTB Eligibility on TE

1. Is the claimant currently in a summer recess period (during June, July, or August) that will last more than three weeks?
2. Has the claimant completed the training program?
3. Did the claimant stop attending training before the training was completed?
4. Does the claimant have good cause for extending the end date of training?

UI Code Section 1272.5 – No Certification on 4581

1. If the claimant is still in the period of CTB approved training, did the claimant submit a continued claim form with the DE 4581 Section C training certification not signed by an authorized training representative? If the claimant is on an approved break, clarify the issue, pay as appropriate, and advise the claimant that he or she must complete Section C during breaks with the dates of the break. If the claimant was not on an approved break, and the training facility refuses to sign or provide information as to the claimant’s attendance and progress, deny benefits under CUIC Section 1272.5 for each week provided without signature.

   NOTE: If the claimant was absent for personal illness in excess of 6 days during the week claimed, also take up AA under CUIC Section 1253(c).