§ 1343. Conditions

(a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the Commissioner finds that all of the following requirements are met and the individual:

(1) Has registered for work at and thereafter has continued to report at an employment office in accordance with regulations prescribed by the Board.

(2) Has made a claim for benefits in accordance with the provisions of section 1346 of this title.

(3) Is able to work, and is available for work; provided, that in determining the availability of any individual during any week, the Commissioner may require, in addition to registration at any employment office, that the individual participate in reemployment services, or at any time make such other efforts to secure suitable work as the Commissioner may reasonably direct under the circumstances and to supply proper evidence thereof; and shall, if the individual fails without good cause to do so, be ineligible for each week such failure continues; provided further that no claimant shall be considered ineligible in any week of unemployment for failure to comply with the provisions of this subdivision if such failure is due to an illness or disability that occurs after the claimant has registered for work, filed a claim for benefits and during a week for which the individual was entitled to waiting period credit or benefit payments, and no work that would have been considered suitable but for the illness or disability has been offered after the beginning of such illness or disability.

(4) [Repealed.]

(5) Qualifies for a weekly benefit computed in accordance with section 1338 of this title.

(6) Participates in reemployment services, such as job search assistance services, if he or she has been determined to be likely to exhaust regular benefits and needs reemployment services pursuant to a profiling system established by the Commissioner.

(7) Is not self-employed or engaged in self-employment to the extent that it makes him or her unavailable for work.

(8) Has given written notice of resignation to his or her employer and the employer subsequently made the termination of employment effective prior to the date of termination as given in the notice. Provided that the claimant could not establish good cause for leaving work pursuant to subdivision 1344(a)(2)(A) of this title and was not discharged for misconduct as provided in subdivision 1344(a)(1)(A) or for gross misconduct as provided in subdivision 1344(a)(2)(B), in no case shall unemployment benefits awarded under this subdivision exceed four weeks or extend beyond the date of separation as provided in the employee’s notice to the employer.

(b) Notwithstanding any other provisions of this chapter, any otherwise eligible claimant regularly attending a training course or program approved for him or her by the Commissioner shall be deemed to be available for work and while attending the course and making satisfactory progress in the training shall not be denied benefits solely because of his or her attendance at the course or because of his or her refusal of an offer of suitable work. Benefits paid to an eligible claimant regularly attending a training course or program approved pursuant to this subsection for any unemployment following his or her refusal of an offer of suitable work, shall not be charged against the experience rating record of any employer, but shall be charged to the Fund.

(c) After March 31, 1984 benefits are payable on the basis of service in employment as defined in subdivisions 1301(6)(A)(ix) and (x) of this title, in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject to this chapter, except that:

(1) With respect to services performed in an instructional, research, or principal administrative capacity for an educational institution, benefits shall not be payable on the basis of such services for any week of unemployment commencing during the period between two successive academic years or terms (or, when an agreement provides instead for a similar period between two regular but not successive terms, during such period) or during a period of paid sabbatical leave provided for in the individual’s contract, to any individual if such individual performs such services in the first of such academic years or terms and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms.

(2) With respect to services performed in any other capacity for an educational institution benefits shall not be payable on the basis of such services to any individual for any week of unemployment that commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services for any educational institution in the second of such academic years or terms, except that if benefits are denied to any individual under this subdivision and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of the benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this subdivision.

(3) With respect to any services described in subdivision (1) or (2) of this subsection, benefits shall not be payable on the basis of services in any such capacities to any individual for any week that commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.

(4) With respect to any services described in subdivision (1) or (2) of this subsection, benefits shall not be payable on the basis of services in any such capacities as specified in subdivisions (1), (2), and (3) to any individual who performed such services in an educational institution while in the employ of an educational service agency. As used in this subdivision, the term “educational service agency” means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

(d) Notwithstanding any other provision of this chapter, any otherwise eligible claimant who was separated from employment due to an accident or injury resulting in a temporary total disability for which the claimant received workers’ compensation benefits under chapter 9 of this title shall be entitled to receive, after the termination of the period of temporary total disability, benefits that would have been available at the time of separation from employment. Payment of benefits for any week under this section shall be made only if, at the time the claimant files the initial claim, he or she was not monetarily eligible for benefits under subsection 1338(d) of this title and the claim is filed within six months after the termination of the period of temporary total disability.

(e) After December 31, 1977, benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week that commences during the period between two successive sport seasons, or similar periods, if such individual performed such services in the first of such seasons, or similar periods, and there is a reasonable assurance that such individual will perform such services in the later of such seasons, or similar periods.

(f)(1) After December 31, 1977, benefits shall not be payable on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the Immigration and Nationality Act. Provided, that any modifications to the provisions of section 3304(a)(14) of the Federal Unemployment Tax Act as provided by Public Law 94-566 that specify other conditions or other effective date than stated herein for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under State law as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, shall be deemed applicable under the provisions of this section.

(2) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

(3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his or her alien status shall be made except upon a preponderance of the evidence. (Amended 1959, No. 51, § 3; 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1963, No. 84, § 4; 1965, No. 94, eff. June 14, 1965; 1971, No. 77, § 6, eff. Dec. 31, 1971; 1977, No. 64, §§ 17, 24, eff. Jan. 1, 1978; 1981, No. 86, § 1, eff. May 3, 1981, § 12, eff. May 10, 1981; 1981, No. 182 (Adj. Sess.); 1983, No. 16, § 9, eff. April 4, 1983; 1983, No. 124 (Adj. Sess.), §§ 4, 5, eff. April 1, 1984; 1989, No. 132 (Adj. Sess.), § 6; 1991, No. 183 (Adj. Sess.), § 5; 1993, No. 177 (Adj. Sess.), § 3; 1997, No. 101 (Adj. Sess.), § 8; 1999, No. 126 (Adj. Sess.), § 2; 2001, No. 56, § 4; 2009, No. 124 (Adj. Sess.), § 6, eff. July 1, 2012; 2009, No. 124 (Adj. Sess.), § 16, eff. July 1, 2017; 2013, No. 173 (Adj. Sess.), § 5; 2017, No. 74, § 51.)