TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 13

EMPLOYMENT SECURITY LAW

72-1303A.  ABLE to work — AVAILABLE FOR SUITABLE WORK. (1) "Able to work" means having the physical and mental ability to perform work for which a claimant is qualified under conditions ordinarily existing during a normal workweek. It does not mean that a person must be able to perform work in his customary occupation or the same kind of work he last performed. A person who is able to work only part of the workday or part of the workweek is not considered able to work.

(2)  An individual with a disability under the Americans with disabilities act, 42 U.S.C. 12112, as defined by 29 CFR 1630.2(g), whose disability prevents the claimant from working full time or during particular shifts is not deemed unable to work or unavailable for work for as long as the claimant demonstrates he is able to perform some work and remains available for work to the full extent of his ability. A qualified claimant with a disability who is able to work with or without a reasonable accommodation will be considered as having complied with the requirement of being available for work when the claimant is willing to work the maximum number of hours the claimant is able to work. Qualified claimants with disabilities must meet all other eligibility requirements, including the illness provisions of this section.

(3)(a)  A claimant who withdraws from the labor market because of illness or injury prior to filing a claim is not eligible for unemployment benefits until he is able and available for work; provided, no claimant shall be considered ineligible with respect to any week of unemployment for failure to comply with this section if the failure is due to an illness or disability that commences after applying for unemployment benefits and no work that would have been suitable prior to the beginning of the illness or injury has been offered the claimant.

(b)  A person who claims benefits under this illness provision must remain available for job referral by the department; however, he may leave the area for treatment of his illness and continue to be eligible under the provisions of this section.

(4)  "Available for suitable work" means remaining within and actively seeking suitable work in a locality in which the individual has earned wages subject to the provisions of this chapter during the individual’s base period or, if the individual moves his permanent residence outside of that locality, then in a locality where suitable work normally is performed. Being available for suitable work encompasses a readiness, ability, and willingness to work and to find a job, including the possibility of marketing the claimant’s services in the claimant’s area of availability. The type of work for which the claimant is available must exist in the claimant’s area to the extent that a normal unemployed person would generally find work within a reasonable period of time.

(5)  For the purposes of this section, "workweek" means:

(a)  For an employer-attached or union-attached classification, the claimant’s normal workweek as defined by the employer or union;

(b)  For a work-seeking classification, Monday through Friday, 8:00 a.m. to 5:00 p.m.; or

(c)  For an approved training classification, regular class hours.

(6)  Claimant work availability requirements are waived on Independence Day, Thanksgiving Day, Christmas Day, and New Year’s Day.

(7)  A claimant seeking work must be willing to travel the distance normally traveled by other workers in his area and occupation.

(8)  An individual who restricts availability to part-time work pursuant to section 72-1366(4)(d), Idaho Code, is considered fully employed and ineligible to receive benefits if the individual works hours comparable to the part-time work experience in the individual’s base period. A claimant must be available for a full workweek and a full, normal workday unless the claimant establishes that the majority of weeks worked during the claimant’s base period were for less than full-time work, which is established where the total base period wages divided by the claimant’s last regular rate of pay does not exceed two thousand seventy-nine (2,079) hours.

(9)  A claimant who is incarcerated for any part of the workweek is not eligible for benefits for that week, unless the claimant can establish he has work release privileges that would provide him a reasonable opportunity to meet his work search requirements and obtain full-time employment.

(10) A claimant who moves to a remote locality where there is little possibility of obtaining suitable work is not eligible for benefits.

(11) A public official who receives pay and performs full-time service is considered employed and not eligible for benefits. Part-time officials, even though receiving pay, may be considered available for work the same as any other individual employed on a part-time basis.

(12) Performing public service, including voluntary non-remunerated service, does not disqualify an individual for benefits as long as he meets the other requirements of this section.

(13) A claimant who restricts his availability to only work done within the home in a manner that severely limits the work available to him is not eligible for benefits, unless the claimant works in an industry where teleworking is common.

(14) A person who is attending school or a training course not approved by the department pursuant to section 72-1366(8), Idaho Code, may be eligible for benefits if attendance does not conflict with that person’s availability for work or for seeking work and if he will discontinue attendance upon receipt of an offer of employment that creates a conflict between employment and the schooling or training.

(15) All claimants, regardless of their attachment to an industry or employer, must meet the same standard of remaining within their local labor market area during the workweek in order to be considered available for work, unless the primary purpose of a temporary absence is to seek work in another labor market. Claimants otherwise eligible to receive benefits while participating in an approved training program or course are not deemed ineligible when the training or course occurs outside of their local labor market due to the unavailability of similar programs or courses within their local labor market.

(16) To remain eligible for benefits, claimants must remain within a state, territory, or country included in the United States department of labor’s interstate benefit payment plan.

(17) A claimant who places unreasonable restrictions on working conditions that significantly hinder his availability and search for work is not eligible for benefits.

(18) A person on a vacation approved by his employer during time when work is available is not eligible for benefits.

(19) A claimant is eligible for benefits if the wages or other conditions of available work are substantially less favorable to the claimant than those prevailing for similar work in the local area.

(20) A claimant is not eligible for benefits if he unduly restricts his availability for work by insisting on a wage rate that is higher than the prevailing wage for similar work in that area.

(21) The claimant’s prior earnings and past experience are considered in determining whether work is suitable.

(22) For the purpose of approving a waiver of the two (2) year limitation on school or training courses specified by section 72-1366(8)(c)(ii), Idaho Code, for claimants who lack skills to compete in the labor market, the following criteria must be met:

(a)  The claimant must demonstrate a workable financial plan for completing the school or training course after his benefits have been exhausted;

(b)  The claimant must establish there is a demand for the occupation in which the claimant will be trained. An occupation is considered in demand when work opportunities are available and there is not a surplus of qualified applicants; and

(c)  At the time that the claimant applies for the waiver, the usual duration of the school or training course is no longer than two (2) years.

History:

[72-1303A, added 2025, ch. 29, sec. 2, p. 104.]