Cal. Code Regs. Tit. 22, §§ 1326-8

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Section 1326-8 - First and Subsequent Partial Claims for Partial Unemployment Benefits -Filing and Contents

(a) "First partial claim" and "subsequent partial claim" for partial unemployment benefits means an application for a determination of eligibility for partial benefits which certifies to the completion of a week of partial unemployment either to satisfy a week of the waiting period requirement or to claim partial benefits for a compensable week or two compensable weeks.

(b) A claimant who is a partially unemployed individual may, within 28 days after he or she has been furnished by his or her regular employer with the notice of his or her reduced earnings in any week as prescribed in Section 1326-7 of these regulations, file a first or subsequent partial claim for partial unemployment benefits at a department field office by mail or in person as required by the department. The 28-day period may be extended as provided by Section 1326-10 of these regulations. The first or subsequent partial claim for partial unemployment benefits shall set forth:

(1) Whether there was any reason, other than lack of work, why he or she could not have worked full time each regular workday in the week.

(2) Whether he or she received any workers' compensation pay.

(3) Whether he or she worked for anyone other than his or her regular employer on any day in the week, including self-employment.

(4) Whether he or she has filed a claim for benefits in the past 12 months, and if he or she has, the department field or branch office at which the claim was filed.

(5) His or her address.

(6) His or her signature.

(7) If he or she did work for anyone other than his or her regular employer, the following:

(A) The name of the other employer for whom he or she worked.

(B) His or her earnings from the other employer.

(C) That he or she is still working for, or why he or she left work for, the other employer.

(8) Such other information as the department may require, including the filing of a new claim under Section 1326-2 of these regulations.

(c) When a claimant has filed partial claims for two consecutive weeks during which he or she performed no services for the regular employer, he or she may not file a partial claim for a subsequent week of unemployment until he or she again performs services for the regular employer. For any subsequent weeks in which the claimant is ineligible to file partial claims, he or she may, if unemployed, file continued claims in accordance with Section 1326-6 of these regulations.

Cal. Code Regs. Tit. 22, §§ 1326-8

1. Amendment filed 11-20-67; designated effective 11-30-67 (Register 67, No. 47).
2. Amendment filed 3-28-79; effective thirtieth day there after (Register 79, No. 13).
3. Amendment of subsection (c) filed 1-28-82; effective thirtieth day thereafter (Register 82, No. 5).

Note: Authority cited: Sections 305, 306 and 1252, Unemployment Insurance Code. Reference: Sections 1326, 1327 and 1252, Unemployment Insurance Code.