# 56 Ill. Adm. Code 2865.115: Section 2865.115 Actively Seeking Work

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_115

## Section

- **Citation:** 56 Ill. Adm. Code 2865.115
- **Heading:** Section 2865.115 Actively Seeking Work
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 56 LABOR AND EMPLOYMENT / CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY / Part 2865 CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK / Section 2865.115 Actively Seeking Work

## Text

Section 2865
Section 2865.115  Actively
Seeking Work
a)         An individual is actively seeking work when he or she makes an
effort that is reasonably calculated to return him or her to the labor force.
Reasonableness is determined by factors including, but not limited to:  the
individual's physical and mental abilities, his or her training and experience,
the employment opportunities in the area, the length of unemployment, and the
nature and number of work search efforts in light of the customary means of
obtaining work in the occupation.
b)         An individual is not actively seeking work if he or she seeks
work that is unrealistic in light of his or her physical or mental limitations.
EXAMPLE:  The
individual, seven months pregnant, quit her job as an assembler because it was
strenuous and required her to be constantly on her feet. She applies for work
at a factory, as an assembler, under conditions essentially the same as those
of her last job. She would be determined to be not actively seeking work.
c)         The individual is not actively seeking work if he or she seeks
work that is unrealistic in light of his or her training or experience.
EXAMPLE:  The
individual has always wanted to be a real estate agent; this requires a license
he does not possess. To the extent that he only seeks work as a real estate
agent, he would be determined to be not actively seeking work.
d)         Whether an individual is actively seeking work is determined
in part by comparing his or her occupation with labor market conditions in the
locality. In some cases, an application for work can have a continuing effect.
EXAMPLE:  The
individual is a waitress, just laid off by one of three restaurants in her
community. During her first two weeks of unemployment, she applies for work at
the other two restaurants and awaits the results of her efforts. She would be
determined to be actively seeking work for that period
nditions in the
locality. In some cases, an application for work can have a continuing effect.
EXAMPLE:  The
individual is a waitress, just laid off by one of three restaurants in her
community. During her first two weeks of unemployment, she applies for work at
the other two restaurants and awaits the results of her efforts. She would be
determined to be actively seeking work for that period.
e)         As the period of unemployment lengthens, the individual should
intensify his or her efforts to find work in his or her usual occupation, or,
he or she should pursue work in another occupation for which he or she is
qualified.
1)         EXAMPLE:  After being laid off from his job as a parking lot
attendant, the individual sought similar work at other parking lots within his
community, without success. As time passes, he must seek work outside his
community (within reasonable commuting distance).
2)         EXAMPLE:  Same facts as in example above but, prior to working
as a parking lot attendant, the individual worked as a short-order cook. In
addition to, or instead of, seeking work as a parking lot attendant, he should
seek work as a short-order cook, or other work for which he is qualified;
otherwise, he would be determined to be not actively seeking work.
f)         Whether or not the individual is actively seeking work is
determined by the quality of his or her efforts; although the quantity of job
contacts should be considered, it is not necessarily determinative of an active
search for work. The methods that the individual uses to contact employers
should be examined in light of those customarily used to obtain work in the
occupation.
1)         EXAMPLE:  The individual seeks work as a retail sales clerk.
On a Monday morning, she visits a shopping mall, where she applies for work at
seven stores and is rejected by each. For the rest of the week, she makes no
effort to find work
. The methods that the individual uses to contact employers
should be examined in light of those customarily used to obtain work in the
occupation.
1)         EXAMPLE:  The individual seeks work as a retail sales clerk.
On a Monday morning, she visits a shopping mall, where she applies for work at
seven stores and is rejected by each. For the rest of the week, she makes no
effort to find work. This individual would be determined to be not actively
seeking work, despite having made seven job contacts in one day.
2)         EXAMPLE:  The individual, a cash-flow specialist, last worked
for a major corporation, and was directly accountable to the highest corporate
officers. After being unemployed for one month, she contacts a friend who works
for a company located in Woonsocket, Rhode Island.  On Monday, the claimant
travels to Woonsocket. On Tuesday, she begins the interviewing process, meeting
the manager of human resources. On Wednesday morning, she is interviewed by a
budget analyst. That evening, there is a dinner-interview with two vice
presidents, who tell her they will speak with the president, then get back to
her the next day or the day after. The claimant stays in Woonsocket until
Friday, at which time she is told she will not be offered a job. The claimant
would be determined to have been actively seeking work, despite this being her
only job contact.
3)         EXAMPLE:  The individual states that he is currently seeking
work as a day laborer or in food service. He contacts prospective employers by
telephone, exclusively. Because, as a practical matter, many day laborer and
food service positions are filled by persons making applications in-person,
this individual would be determined to be not actively seeking work.
g)         The best evidence that an individual is "actively seeking
work" is that he or she readily secures work, based upon his or her efforts.
EXAMPLE:  The
individual last worked as assistant manager of a shoe store
al matter, many day laborer and
food service positions are filled by persons making applications in-person,
this individual would be determined to be not actively seeking work.
g)         The best evidence that an individual is "actively seeking
work" is that he or she readily secures work, based upon his or her efforts.
EXAMPLE:  The
individual last worked as assistant manager of a shoe store. During his first
week of unemployment, he prepares a resume and mails 100 copies to retail
establishments. The next week, he mails another 100 resumes. As a result of his
mailings, and no other efforts, he readily obtains work. This individual would
be determined to have been actively seeking work during the weeks under review.
h)         There is a rebuttable presumption that an individual is not
actively seeking work if he or she was last employed by a "temporary help
firm", as defined in Section 2865.1, and the temporary help firm submits a
notice of possible ineligibility (see Section 2720.130) alleging that, during
the week for which he or she claimed benefits, the individual did not contact
the temporary help firm for an assignment.  The presumption is rebutted if the
individual shows that he or she did contact the temporary help firm or that he or
she had good cause for his or her failure to contact the temporary help firm
for an assignment.
1)         EXAMPLE:  An individual completes an assignment on Friday and
does not contact the temporary help firm during the next week, for which he
claims benefits.  The individual states that he did not contact the temporary
help firm because he did not remember the firm's telephone number, even though
the number was listed in the telephone book.  This is not good cause.  On the
basis of his failure to contact the temporary help firm, he is not actively
seeking work.
2)         EXAMPLE:  An individual completes an assignment on Monday,
reports to his Local Office on Tuesday, and does not contact the temporary help
firm the remainder of the week
ember the firm's telephone number, even though
the number was listed in the telephone book.  This is not good cause.  On the
basis of his failure to contact the temporary help firm, he is not actively
seeking work.
2)         EXAMPLE:  An individual completes an assignment on Monday,
reports to his Local Office on Tuesday, and does not contact the temporary help
firm the remainder of the week.  The individual did not contact the temporary
help firm because he had already accepted an assignment from the temporary help
firm for the following Monday and had been told by the temporary help firm that
there were no other assignments until then.  This is good cause and he is not
ineligible on the basis of not contacting the temporary help firm.
3)         EXAMPLE:  An individual completes an assignment on Friday and
does not contact the temporary help firm during the next week, for which he
claims benefits.  The individual did not contact the temporary help firm
because his wife was hospitalized and he was solely responsible for caring for
his infant daughter at home.  Although this is good cause, the claimant is
ineligible because he is unavailable for work (see Section 2865.110(b)).

## Nearby sections

- [56 Ill. Adm. Code 2865.110 Section 2865.110  Available for Work](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_110.md)
- [56 Ill. Adm. Code 2865.115 Section 2865.115  Actively Seeking Work](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_115.md)
- [56 Ill. Adm. Code 2865.120 Section 2865.120  Suitability of Work – Labor Standards](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_120.md)
- [56 Ill. Adm. Code 2865.125 Section 2865.125  Availability for Part-Time Work Only](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_125.md)
- [56 Ill. Adm. Code 2865.130 Section 2865.130  Director's Approval of Training](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_130.md)
- [56 Ill. Adm. Code 2865.135 Section 2865.135  Availability For Work And Active Search For Work:  Attendance At Training Courses](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_135.md)
- [56 Ill. Adm. Code 2865.140 Section 2865.140  Regular Attendance in Approved Training](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_140.md)
- [56 Ill. Adm. Code 2865.145 Section 2865.145  Ineligibility to Receive Benefits for Failure to Participate in Reemployment Services](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_145.md)
- [56 Ill. Adm. Code 2865.150 Section 2865.150  Profiling/Referral to Reemployment Services](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_150.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T56_P2865_S2865_115. Check the current official text before relying on it. Not legal advice.
