Section 2865.125 Availability for Part-Time Work Only

Section 2865

Section 2865.125

Availability for Part-Time Work Only

The requirement that a claimant

shall be able and available for full-time work shall not be applied to a

claimant who can prove by a preponderance of the evidence that, for him or her,

only part-time work, defined in Section 2720.1, is suitable because:

a)         He or she restricts his or her availability to part-time work

due to:

1)         Circumstances which are beyond his or her own control, such

as, the advice of his or her physician that full-time work would adversely

affect his or her health; or

2)         The kind of work suitable to his or her skill, training or

experience is available only on a part-time basis, and he or she is not

reasonably qualified for available full-time work; and

b)         He or she is seeking work in an area where a labor market for

the part-time work applicable to him or her and suitable to his or her skill,

training or experience normally exists; and

c)         He or she has a reasonable possibility of securing that

part-time work suitable to his or her skill, training or experience.

EXAMPLE:  The

claimant is the single parent of a school age child. While otherwise suitable,

full-time work exists for a person with his skill, training or experience, the

claimant believes that it is in the best interest of his child that he be with

the child when the child is not in school. This claimant would not be eligible

for benefits, for he unduly restricts his availability to part-time work based

on a personal preference. The alternative of child care arrangements would

allow this claimant to work full-time.