Bill Text: CA AB2184 | 2021-2022 | Regular Session | Amended

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Bill Title: Unemployment insurance: benefits: eligibility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-04 - Re-referred to Com. on INS. [AB2184 Detail]

Download: California-2021-AB2184-Amended.html

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Amended  IN  Assembly  March 31, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2184

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Introduced by Assembly Member Wicks

February 15, 2022

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An act to amend Section 1253 of the Unemployment Insurance Code, relating to unemployment. An act to add Section 1253.13 to the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 2184, as amended, Wicks. Unemployment benefits. Unemployment insurance: benefits: eligibility.

Existing law provides that an unemployed individual is eligible to receive unemployment compensation benefits with respect to any week only if the Director of Employment Development makes certain findings, including that the person was able to work and was available for work that week. Under existing law, unemployment compensation benefits are paid from the Unemployment Fund, which is continuously appropriated for this purpose.

This bill would prohibit an unemployed individual who is otherwise eligible for unemployment compensation benefits from being deemed ineligible, and would require that individual to be considered as being able to and available for work, for any week in which the individual meets any of certain conditions, including if the claimant is available exclusively for telework for which the claimant is reasonably fitted. Because this bill would make changes to existing eligibility requirements for unemployment compensation benefits that would result in additional amounts being payable from the Unemployment Fund, a continuously appropriated special fund, the bill would make an appropriation.

Existing law provides that an unemployed individual is eligible to receive unemployment compensation benefits with respect to any week only if the Director of Employment Development makes specified findings with respect to that individual.

This bill would make nonsubstantive changes to those provisions.

Digest Key

Vote: MAJORITY   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1253.13 is added to the Unemployment Insurance Code, to read:

1253.13.

 (a) An unemployed individual who is in all respects otherwise eligible for unemployment compensation benefits shall not be deemed ineligible, and shall be considered as being able to and available for work as described in subdivision (c) of Section 1253, for any week in which any of the following applies:

(1) The claimant is available exclusively for telework for which the claimant is reasonably fitted.

(2) The claimant is available for work on a flexible schedule, if the claimant’s total available hours for work meets industry standards for full-time work or part-time work pursuant to Section 1253.8.

(3) The claimant is delayed in starting or accepting a suitable offer of work because of a reasonable delay in seeking assistance in meeting current family responsibilities.

(b) For purposes of this section, all of the following definitions apply:

(1) “Care recipient” means a claimant’s family member or household member who relies on the claimant for medical care or for assistance with activities of daily living.

(2) “Family member” means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or any other individual related by blood or whose close association with the claimant is the equivalent of a family relationship.

(3) “Family responsibilities” means the obligations to provide care for a minor child or care recipient.

(4) “Reasonable delay” shall be based on current market restrictions on accessing assistance for a claimant’s specific family responsibilities.

SECTION 1.Section 1253 of the Unemployment Insurance Code is amended to read:

1253.

An unemployed individual is eligible to receive unemployment compensation benefits with respect to any week only if the director finds that:

(a)A claim for benefits with respect to that week has been made in accordance with authorized regulations.

(b)The individual has registered for work, and thereafter continued to report, at a public employment office or any other place as the director may approve. Either or both of the requirements of this subdivision may be waived or altered by authorized regulation as to partially employed individuals attached to regular jobs.

(c)The individual was able to work and available for work for that week.

(d)The individual has been unemployed for a waiting period of one week as defined in Section 1254, unless this waiting period has been waived pursuant to Section 8571 of the Government Code.

(e)The individual conducted a search for suitable work in accordance with specific and reasonable instructions of a public employment office.

(f)The individual participated as required by the director in reemployment activities, such as orientation and assessment if the individual has been identified pursuant to an automated profiling system as likely to exhaust regular unemployment benefits unless the individual has shown good cause for failure to participate.