1. (1) If an individual has been denied benefits by reason of Section 25-4-70(b)(2) or Section 25-4-70(b)(5) of the Unemployment Compensation Law and such individual is given notice that the opportunity to return to work was not given or was withdrawn by the educational institution, governmental entity, or non-profit organization in connection with which such disqualification was assessed, such individual may be eligible for retroactive payment of previously denied benefits provided such individual notifies the Commissioner of the withdrawal of reasonable assurance of reemployment or failure to reemploy in the following manner:

   1. (a) Such notice may be by mail, fax, or other acceptable means approved by the Commissioner.
   2. (b) Such notice must be substantiated by a written notice from the educational institution, governmental entity, or non-profit organization.
   3. (c) Such notice to the Commissioner must be made within 5 calendar days of the date the individual received such notice.
2. (2) In extenuating circumstances, the Commissioner, at his discretion, may extend the time for accepting such notice from the claimant.
3. (3) Nothing in this rule shall be interpreted to relieve a claimant of making an active search for work and meeting all other eligibility requirements for the period for which such payments are claimed.

Author: John B. Benton; Thomas Daniel, Director Unemployment Compensation Director

Statutory Authority: Code of Ala. 1975, §§25-2-7, 25-2-8, 25-4-111.

History: Amended: December 10, 1984. New Rule: August 10, 1983. Emergency Amendment: Effective: October 23, 1984. Amended: Filed March 5, 2015; effective April 9, 2015.