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Virginia Administrative Code
Title 16. Labor And Employment
Agency 5. Virginia Employment Commission
Chapter 60. Benefits
2/24/2024

16VAC5-60-20. Partial unemployment.

A. With respect to a partially unemployed individual, a week of partial unemployment shall consist of a calendar week beginning on Sunday and ending at midnight on Saturday. Total wages payable to partially unemployed workers are to be reported on a calendar week basis.

B. Upon filing of a new claim for partial benefits in each claimant's benefit year the commission shall promptly notify the employer of such claimant's weekly benefit amount, the date on which the claimant's benefit year commenced, and the effective date of the claim for partial benefits. Similar notice shall likewise be given at least once during the claimant's benefit year to each subsequent employer to whom the claimant is attached during a period of partial unemployment for which the claimant claims benefits. Upon receipt of the notice the employer shall record this information for use in the preparation of the evidence the employer is required to furnish periodically as required in subsection C of this section.

C. After the employer has been notified of the benefit year, the weekly benefit amount, and the effective date of the claim for partial benefits of any worker in the employer's employ (pursuant to subsection B of this section) the employer shall, within seven days, furnish the employee with written evidence concerning any week of partial unemployment that ended on or before the receipt of such notice and that began on or after the effective date of the employee's claim for partial benefits. The employer, until otherwise notified, shall, within 14 days after the termination of any pay period that includes a week of partial unemployment, and that ends after the date of receipt of such notification, furnish the employee with written evidence concerning the employee's partial unemployment with respect to such week. Written evidence of partial unemployment required by this subsection shall be furnished by means of a Statement of Partial Unemployment, Form VEC-B-31, or other suitable medium approved by the commission. Such evidence need not be furnished, however, where the worker's earnings for a week of partial unemployment equals or exceeds the worker's weekly benefit amount.

The information contained on such medium shall be in ink or typewritten and shall show:

1. The name of the employer and employer account number;

2. The name and social security account number of the worker;

3. The date delivered to the worker;

4. The calendar week ending date;

5. The gross amount of wages earned in such week, by day;

6. The reason and the number of days or hours involved where the worker's earnings were reduced for any cause other than lack of work;

7. The following certification, or one similar:

"During the week or weeks covered by this report, the worker whose name is entered worked less than full time and earned less than his weekly benefit amount for total unemployment because of lack of work, or otherwise shown. I certify that to the best of my knowledge, this information is true and correct";

8. An original signature by the employer to the certification in subdivision 7 of this subsection or other identification of the authority supplying the evidence.

D. The new claim for benefits for partial unemployment shall be effective Sunday, the first day of the beginning of the individual's week in which the partial unemployment claim is filed.

E. 1. Upon filing a claim as specified in subsection D of this section, the commission shall cause the notice referred to in subsection B of this section to be sent to the employer. Thereafter, the employer shall make available to the claimant the Statement of Partial Unemployment, Form VEC-B-31, or other written evidence concerning the claimant's partial unemployment, as provided in subsection C of this section. Such written evidence of partial unemployment shall be presented to the commission within 10 days after it is delivered to the claimant by the employer, and failure to do so, within that time, shall result in the claim being processed based on the available information.

2. For each subsequent week the partial claim is continued, the employer shall furnish the claimant with the evidence of partial unemployment as provided in subsection C of this section, and the claimant shall continue to present such evidence to the commission within 10 days after it is delivered to the claimant by the employer. Failure to do so shall render the claim invalid with respect to any week to which the statement or other evidence relates.

3. Notwithstanding the provisions of subdivisions 1 and 2 of this subsection, the commission shall permit the claimant to file a continued or weekly claim in the same circumstances applicable to a claimant for total or part-total unemployment compensation.

F. With respect to any week claimed, a partially unemployed claimant shall be deemed to be actively seeking work if the claimant performs all suitable work offered to the claimant by the claimant's regular employer.

Statutory Authority

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

Historical Notes

Derived from VR300-01-6 § 2, 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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