1. (1) The claimant's unemployment is chronic or persistent, or likely to be chronic or persistent, due to any one of the following three circumstances:

   1. (a) A lack of basic work skills. A lack of basic work skills may not be established unless a claimant:

      1. (i)(A) has a history of repeated unemployment attributable to lack of skills and has no recent history of employment earning a wage substantially above the federal minimum wage or

         1. (B) qualifies for Department sponsored training because the claimant meets the eligibility requirements for public assistance;
      2. (ii) has had no formal training in occupational skills;
      3. (iii) does not have skills developed over an extended period of time by training or experience; and
      4. (iv) does not have a marketable degree from an institution of higher learning; or
   2. (b) a change in the marketability of the claimant's skills has resulted due to new technology, or major reductions within an industry; or
   3. (c) inability to continue working in occupations using the claimant's skills due to a verifiable, permanent physical or emotional disability,

2. (2) a claimant must have a reasonable expectation for success as demonstrated by:

   1. (a) an aptitude for and interest in the work the claimant is being trained to perform, or course of study the claimant is pursuing; and
   2. (b) sufficient time and financial resources to complete the training.
3. (3) The training is provided by an institution approved by the Department.
4. (4) The training is not available except in school. For example, on-the-job training is not available to the claimant.
5. (5) The length of time required to complete the training should generally not extend beyond 24 months.
6. (6) The training should generally be vocationally oriented unless the claimant has no more than two terms, quarters, semesters, or similar periods of academic training necessary to obtain a degree.
7. (7) There is a reasonable expectation of employment following completion of the training. Reasonable expectation means the claimant will find a job using the skills and education acquired while in training pursuant to a fair and objective projection of job market conditions expected to exist at the time of completion of the training.
8. (8) A claimant did not leave work to attend school even if the employer required the training for advancement or as a condition of continuing employment.
9. (9) The schooling is full-time, as defined by the training facility.

All of the following nine elements must be satisfied for a claimant to qualify for Department approval of training. Some of these elements will be waived or modified when required by state or federal law for specific training programs.

KEY: filing deadlines, registration, student eligibility, unemployment compensation

Date of Last Change: May 1, 2019

Notice of Continuation: March 22, 2023

Authorizing, and Implemented or Interpreted Law: 35A-4-403(1)