Administrative Code

Virginia Administrative Code
Title 16. Labor and Employment
Agency 5. Virginia Employment Commission
9/24/2020

Chapter 60. Benefits

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 he files his claim at the field office and registers for work, except as provided in subdivisions 1 and 2 of this subsection; and, thereafter, the seven-consecutive-day period following any week of such unemployment, provided the individual reports as required by subsection C of this section. An initial claim may be filed in person at a field office, or at the discretion of the commission, by telephone or Internet. Upon implementation of Internet and telephonic claims processes, a claimant may file an initial claim for benefits by any of the three methods described herein.

1. A week of total or part-total unemployment of an individual located in an area served only by the itinerant service of the commission shall consist of the seven-consecutive-day period beginning with the Sunday prior to the first day of such individual's unemployment, provided that such individual registers in person with such itinerant service at the first available opportunity following the commencement of his total or part-total unemployment except as provided in subdivision 2 of this subsection; and, thereafter, the seven-consecutive-day period following any week of such unemployment provided the individual reports as required by subsection C of this section.

2. A week of total or part-total unemployment of an individual affected by a mass separation with respect to which arrangements are made for group filing by the employer shall consist of the seven-consecutive-day period beginning with the Sunday prior to the first day of his unemployment provided that the group filing is conducted within 13 days following the first day of unemployment.

B. Whenever an employing unit receives an Employer's Report of Separation and Wage Information form from the commission informing it that an individual has filed a claim for benefits, such employing unit shall, within eight days from the date of mailing, complete the report and return it to the office from which the informatory notice was sent. 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. A check mark in the block indicating the reason for separation and a brief statement of the reason for the 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 signed report;

5. The name and title of the official signing 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. In cases involving a mass separation, as defined in 16VAC5-10-10, an employer shall not be required to file individual reports for such workers as otherwise provided by this section if such employer files a list of workers involved in the mass separation with the commission as soon as possible, but in no case later than 24 hours after the date of separation. Such list shall include the workers' social security account numbers and any other information the commission may require.

D. 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) his unemployment and that he claims benefits, (ii) that he 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; and (iii) the deputy has not rendered a determination based on the claimant's separation from employment. Notwithstanding the foregoing, a claim that was filed in error by an employer on behalf of a claimant may be canceled upon the claimant's written request. All records of a canceled claim shall be deleted from the agency's automated benefits database. 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 claims to be filed by mail, or such other means as the commission may authorize, unless special conditions require or allow in-person reporting. Such special conditions may include:

a. When a claimant is reporting back to claim his first week(s) after filing an initial, additional, or reopened claim and he has not returned to work in the meantime;

b. When a claimant needs assistance in order to completely and accurately fill out his claim forms so as to avoid delays in processing his claims by mail;

c. When, in the opinion of the field office manager or deputy, there is a question of eligibility or qualification which must be resolved through an in-person interview;

d. When a claimant who would normally be reporting by mail receives no additional claim forms and he wishes to continue claiming benefits;

e. When a claimant requests to report in person due to problems associated with the receipt of mail.

E. All initial total 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 taken by a field office;

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

F. In order to claim benefit rights with respect to a given week, the claimant must file a continued claim form for such week. The first continued claim form must be filed within 28 days of the day the initial claim was filed. Thereafter, subsequent continued claim must be filed within 28 days after the week ending date of the last week claimed. If filing by mail, the postmark date constitutes the date of claim filing with the commission. If no postmark appears on the envelope, the continued claim shall be presumed to be filed on the date it was received by the commission. If the 28th day falls upon a date when the field office is closed, the final date for filing shall be extended to the next day the office is open. Failure to file a continued claim within the 28-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 his control which prevented or prohibited him from filing earlier.

G. 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 which can be verified from employer information may be considered attached to his regular employer so as to meet the requirement that he be actively seeking and unable to find suitable work if he performs all suitable work which his regular employer has for him during the week or weeks claimed while attached. Attachment will end if the claimant does not return to work as scheduled or if changed circumstances indicate he has become separated.

H. 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 for benefits through the office serving 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 through the office serving an area experiencing a total unemployment rate of 15% or more.

3. No adjustment will be made for claimants filing claims for benefits through the office serving an area experiencing a total unemployment rate below 10%.

Statutory Authority

§ 60.2-111 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.

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 his 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 he claims benefits. Upon receipt of the notice the employer shall record this information for use in the preparation of the evidence he 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 his employ (pursuant to subsection B of this section) the employer shall, within seven days, furnish the employee with written evidence concerning any week or weeks of partial unemployment which ended on or before the receipt of such notice and which 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 which includes a week or weeks of partial unemployment, and which ends after the date of receipt of such notification, furnish the employee with written evidence concerning his partial unemployment with respect to such week or weeks. 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 his 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. A signature (actual or facsimile) by the employer to the above certification or other identification of the authority supplying the evidence.

D. The new claim for benefits for partial unemployment shall be dated to the first day of the beginning of the individual's week of partial unemployment as defined in subsection A of this section. However, in no event shall such new claim be back dated to include a week which ended more than 28 days prior to the date the individual was furnished the Statement of Partial Unemployment, or other written evidence concerning his partial unemployment, as provided in subsection C, by the employer.

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 his partial unemployment, as provided in subsection C of this section. Such written evidence of partial unemployment shall be presented to the field office within 14 days after it is delivered to him by the employer, and failure to do so, within that time, shall render the claim invalid as to the week or weeks to which the statement or other evidence relates.

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 field office within 14 days after it is delivered to him by the employer. Failure to do so shall render the claim invalid with respect to the week or weeks 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 claim by mail, or otherwise, 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 he performs all suitable work offered to him by his regular employer.

Statutory Authority

§ 60.2-111 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.

16VAC5-60-30. Disposition of benefit checks payable to a deceased claimant.

If a claimant has met the eligibility requirements of the Act and completed all forms prescribed by the commission prior to his death, upon proof thereof, the check(s) for all benefits due shall be payable to the decedent's estate.

Statutory Authority

§ 60.2-111 of the Code of Virginia.

Historical Notes

Derived from VR300-01-6 § 3, eff. December 14, 1994.

16VAC5-60-40. Commission approval of training other than that under Section 134 of the Workforce Investment Act or Section 2296 of the Trade Act.

A. Training shall be approved for an eligible claimant under the provisions of § 60.2-613 of the Code of Virginia only if the commission finds that:

1. Prospects for continuing employment for which the claimant is qualified by training and experience are minimal and are not likely to improve in the foreseeable future in the locality in which he resides or is claiming benefits;

2. The proposed training course of instruction is vocational or technical training or retraining in schools or classes that are conducted as programs designed to prepare an individual for gainful employment in the occupation for which training is applicable. The training course shall require a minimum of 30 hours attendance each week;

3. The proposed training course has been approved by an appropriate accrediting agency or, if none exists in the state, the training complies with quality and supervision standards established by the commission, or is licensed by an agency of the state in which it is being given;

4. The claimant has the required qualifications and aptitude to complete the course successfully;

5. The training does not include programs of instruction which are primarily intended to lead toward a baccalaureate or higher degree from an institution of higher education.

B. Benefits may be paid to an otherwise eligible claimant while he is attending training only if the commission finds that the claimant is enrolled in and regularly attending the course of instruction approved for him by the commission.

C. A claimant shall request training approval on forms provided by the commission. The claimant's enrollment and attendance shall be reported to the commission periodically as directed by the commission.

Statutory Authority

§ 60.2-111 of the Code of Virginia.

Historical Notes

Derived from VR300-01-6 § 4, eff. December 14, 1994; amended, Virginia Register Volume 18, Issue 26, eff. November 3, 2002.

Forms (16VAC5-60)

Continued Claim for Benefits -- First Payments, B-3FP (eff. 11/92).

Benefits, Rights, and Responsibilities -- Instructions for Person on Temporary Layoff, B-19.

Verification of Offer of Continuing Employment, B-25.

Request for Reconsideration of Monetary Determination, B-28.

Request for Name/Address/Telephone Number Changes, B-41.

Work Search Requirement, B-76.

Continued Claim for Benefits, VEC-B-3 (rev. 7/93).

Notice of Exhaustion, VEC-B-3a (rev. 8/88).

Claim Correction Notice, VEC-B-5M (rev. 9/87).

Appointment Notice, VEC-B-6M (rev. 1/83).

Claim for Benefits, VEC-B-10 (rev. 10/93).

Employer's Report of Separation and Wage Information, B-10SEP (rev. 7/93).

Eligibility Review Interview Notice, VEC-B-11D (rev. 7/88).

Record of Contacts for Employment, VEC-B-11E.

Request for Physician's Certificate of Health, VEC-B-14 (rev. 2/76).

Notice to Workers, VEC-B-29 (rev. 10/93).

Monetary Determination, VEC-B-30 (rev. 6/90).

Notice of Benefit Liability, VEC-B-30R (rev. 4/93).

Statement of Partial Unemployment, VEC-B-31 (rev. 5/96).

Notification of Claim Filed for Benefits, VEC-B-32 (rev. 9/91).

Unemployment Insurance Handbook for Claimants (rev. 1992). (Although issued for informational purposes only, this booklet contains some interpretative material.)

Claimant's Request for Training Approval, VEC-B-60.7 (rev. 11/94).

Notice to Trade Readjustment Allowance Claimants Concerning Training, VEC-B-72 (rev. 10/87).

Training Certification, VEC-TB-1 (eff. 1/1/72).

Notice of Child Support Intercept, VEC-CSI-1 (rev. 7/93).

Request for Gross Wages, VEC-BPC-45A (eff. 12/86).

Wage Verification Request, VEC-BPC-65 (rev. 6/90).

Cross Match, VEC-BPC-65A (rev. 6/90).

Billing Statement, VEC-BPC-89 (rev. 5/93).

Consent of Disclosure, VEC-CD-1 (eff. 1/89).

Affidavit of DUA, DUA-1 (rev. 5/78).

Affidavit of Earnings, DUA-2 (rev. 10/76).

Weekly Request for DUA, DUA-3 (rev. 10/76).

Notice of Overpayment, DUA-4 (rev. 10/76).

Release Authorization, RA-1 (rev. 11/92).

Election of Regular TAA or NAFTA-TAA By Worker, VEC-NAFTA/TAA-1.

Entitlement Determinations to NAFTA Transitional Adjustment Assistance (NAFTA-NAA)/Trade Readjustment Allowances (TRA) Trade Act of 1974, As Amended September 1994, ETA 8-57A.

Request for Verification of Work Search, VEC-B-78 (rev. 11/94). (This form had been numbered as VEC-B-72; the number is being changed to eliminate duplicate numbers.)



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