1. (1) A claimant is unemployed and eligible for benefits if each of the following conditions exist.

   1. (a) Less Than Full-Time Work. The claimant worked all hours that were reasonable for the claimant to work and the total number of hours was less than full-time.

      1. (i) The claimant may not regulate the type or amount of duties or number of hours spent in a remunerative enterprise to qualify for benefits.
      2. (ii) Full-time work will generally be considered to be 40 hours per week, but may be the number of hours established by schedule, custom, or otherwise as constituting a week of full-time work for the type of service the claimant performs.
   2. (b) Income Less Than Weekly Benefit Amount. The claimant earned less than the weekly benefit amount established for the claim.

   3. (c) Available for and Seeking Other Full-time Work. The claimant, in addition to the subject work, must be available for and actively seeking full-time suitable work for another employer as defined by the suitable work test in Subsection 35A-4-405(3) and Section R994-405-306.

      1. (i) The claimant's failure to make an active search for work evidences a contentment with the claimant's current status and the Department shall determine the claimant is not unemployed.
      2. (ii) The claimant's efforts to seek work must be distinguished between those directed toward obtaining work for the claimant in an individual capacity and those directed toward obtaining work or customers for the claimant's corporation or business.
      3. (iii) The claimant's efforts to obtain work for the corporation or business are evidence of the claimant's continuing corporate or business responsibilities but are not evidence of the claimant's active search for other employment as required for eligibility.

      4. (iv) A claimant who has marketable skills must be willing to seek and accept work consistent with those skills.

         1. (A) The claimant may not restrict the claimant's availability to the type of work the claimant is currently performing on a less than full-time basis.
         2. (B) The claimant's past work history is evidence of the effect of such employment on the claimant's attachment to the labor force.
      5. (v) If the claimant is unable or unwilling to accept work except short-term or casual labor because of continuing or pending responsibilities, the claimant is not unemployed.

KEY: unemployment compensation, unemployed workers

Date of Last Change: October 4, 2022

Notice of Continuation: July 16, 2025

Authorizing, and Implemented or Interpreted Law: 35A-1-104(1); 35A-4-502(1)(b); 35A-4-207