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

  1. Is the claimant on a leave of absence or vacation? When is the claimant scheduled to return to work?
  2. Is the claimant in receipt of pay of any kind for the period of the leave? If so, refer to TPU 460.
  3. 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?
  4. 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)?