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Virginia Administrative Code
Title 16. Labor And Employment
Agency 5. Virginia Employment Commission
Chapter 60. Benefits
4/13/2024

16VAC5-60-10. Total and part-total unemployment.

A. An individual's week of total or part-total unemployment shall consist of the seven-consecutive-day period beginning with the Sunday prior to the first day the individual files a claim and registers for work, and, thereafter, the seven-consecutive-day period following any week of such unemployment. An initial claim may be filed by telephone, Internet, or by other means at the discretion of the commission.

B. Whenever an employing unit receives an Employer's Report of Separation and Wage Information correspondence electronically or by mail from the commission informing it that an individual has filed a claim for benefits, such employing unit shall, within 10 days from the date of notification, complete the report and return or submit it to the commission as directed. That portion of the Employer's Report of Separation and Wage Information to be completed by the employing unit shall set forth:

1. The date the worker began working;

2. The last day on which he actually worked;

3. The reason for separation;

4. Such other information as is required by such form. The employing unit's official name and account number, if any, assigned to such employing unit by the commission shall appear on the completed report;

5. The name and title of the official completing the report shall be provided as well as certification that the information contained in the report is accurate and complete to the best knowledge of that official.

C. To file a claim for benefits, a claimant shall report in a manner prescribed by the commission and shall file a claim for benefits setting forth (i) the claimant's unemployment and that the claimant claims benefits, (ii) that the claimant is able to work and is available for work, and (iii) such other information as is required. A claim for benefits, when filed, may also constitute the individual's registration for work.

Upon written request by the claimant, an initial claim for benefits, not to include combined-wage claims, may be canceled if (i) the request is made within the appeal period shown on the monetary determination; (ii) there has been no payment made on the claim; (iii) the deputy has not rendered a determination based on the claimant's separation from employment; and (iv) the commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim. Upon written request by the claimant, a claim may be withdrawn if the commission determines that the provisions of § 60.2-107 of the Code of Virginia have been met and any benefits paid the claimant have been repaid.

Combined wage claims may be canceled under the provisions set forth in 16VAC5-70-20 B.

1. Except as otherwise provided in this section the claimant shall continue to report as directed during a continuous period of unemployment.

2. The commission shall permit continued or weekly claims to be filed by Internet, telephone, or such other means as the commission may authorize.

D. All initial total, partial, or part-total unemployment claims shall be effective consistent with the provisions set forth in subsection A of this section, except that an earlier effective date may apply for late filing of claims in the following cases:

1. The commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim;

2. A previous claim was filed against a wrong liable state;

3. Filing was delayed due to circumstances attributable to the commission;

4. A transitional claim is filed within 14 days from the date the Notice of Benefit Year Ending was mailed to the claimant by the commission;

5. When claiming benefits under any special unemployment insurance program, the claimant becomes eligible for regular unemployment insurance when the calendar quarter changes;

6. The wrong type of claim was processed by the commission;

7. With respect to reopened or additional claims only, the claimant can show circumstances beyond the claimant's control which prevented or prohibited him from reporting earlier.

E. In order to claim benefit rights with respect to a given week, the claimant must file a continued or weekly claim for such week. The first continued or weekly claim must be filed within 21 days of the day the initial application was filed. Thereafter, a subsequent continued or weekly claim must be filed within 21 days after the week ending date of the last week claimed. If filing by mail is permitted by the commission, the postmark date constitutes the date of claim filing with the commission. If no postmark appears on the envelope, the continued or weekly claim shall be presumed to be filed on the date it was received by the commission. If the 21st day falls upon a date when the commission's office is closed, the final date for filing shall be extended to the next day the office is open. Failure to file a continued or weekly claim within the 21-day period will result in the denial of benefits for the weeks in question unless good cause is shown, and an additional or reopened claim must be filed in order to initiate any further claim for benefits. Good cause for a delay in filing may be shown for any of the following reasons:

1. The commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim;

2. Filing was delayed due to circumstances attributable to the commission; or

3. The claimant can show circumstances beyond the claimant's control that prevented or prohibited the claimant from filing earlier.

F. Normally, all claimants whose unemployment is total or part-total must make an active search for work by contacting prospective employers in an effort to find work during each week claimed in order to meet the eligibility requirements of § 60.2-612 of the Code of Virginia. A claimant who is temporarily unemployed with an expected return to work date within a reasonable period of time as determined by the commission that can be verified from employer information may be considered attached to the claimant's regular employer so as to meet the requirement that the claimant be actively seeking and unable to find suitable work if the claimant performs all suitable work that the claimant's regular employer has for the claimant during any week claimed while attached. Attachment will end if the claimant does not return to work as scheduled or if changed circumstances indicate the claimant has become separated.

G. In areas of high unemployment as defined in 16VAC5-10-10, the commission has the authority, in the absence of federal law to the contrary, to adjust the work search requirement of the Act. Any adjustment will be made quarterly within the designated area of high unemployment as follows:

1. The adjustment will be implemented by requiring claimants filing claims who reside in an area experiencing a total unemployment rate of 10% through 14.9% to make one job contact with an employer each week.

2. The adjustment will be implemented by waiving the search for work requirement of all claimants filing claims for benefits who reside in an area experiencing a total unemployment rate of 15% or more.

3. No adjustment will be made for claimants filing claims for benefits who reside in an area experiencing a total unemployment rate below 10%.

Statutory Authority

§§ 60.2-111 and 60.2-623 of the Code of Virginia.

Historical Notes

Derived from VR300-01-6 § 1, eff. December 14, 1994; amended, Virginia Register Volume 18, Issue 26, eff. November 3, 2002; Volume 39, Issue 8, eff. January 19, 2023.

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