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Preface
Statement on Fair Use
PART I - CALIFORNIA UNEMPLOYMENT COMPENSATION INSURANCE PROGRAM
1.0 Purpose
1.1 Programs Are Intended to Complement Each Other
2.0 History
2.1 Early Developments
2.2 California's Unemployment Insurance Program Commences
2.3 Coverage for Federal Civilian Employees
2.3.1 Military Employees
2.3.2 Agricultural Employees
2.4 California's Program Continues to Develop
2.5 Change Brings California Law Closer to Federal
2.6 Further Legislative Developments Broaden Coverage
2.6.1 Tax Rate
2.7 Liability of Major Shareholders and Corporate Officials
2.8 Role of the Federal Government
3.0 The Employment Development Department
3.1 California Unemployment Insurance Appeals Board
3.2 The "Department" and Its Director
3.2.1 Director's Duties
3.2.2 Deputy Directors
3.2.3 Right to Copies of Regulations and Other Manuals
3.3 Regulations
4.0 Persons Who May Collect
4.1 Who Is an Employer?
4.1.1 Information That Employers Must Submit When Hiring
4.1.2 Who Is an Employee?
4.1.3 Public Entities and Indian Tribes
4.1.4 Election of Indian Tribes
4.2 Domestic Service Employees
4.2.1 Family Employment
4.3 Domestic Service Employers
4.3.1 Value of Meals and Lodging
4.4 Employing Unit
4.5 Disability Benefits
4.6 Wages
4.6.1 Deferred Compensation Plans: Definitions and Qualifications
4.6.2 Contributions Under Certain Deferred Compensation Plans
4.6.3 Exclusions
4.6.4 Advances and Loans
4.6.5 Inclusions
4.6.6 Tips as Wages
4.6.7 Allowance for Traveling and Other Business Expenses
4.6.8 Allowance for Rental, Equipment, and Supplies
4.6.9 Employers Must Report All Wages to Director
4.6.10 Recordkeeping
4.6.11 Services Not in the Course of Employment
4.6.12 Remunerations of Less Than Fifty Dollars
4.7 Who Is an Employee?
4.7.1 Employee/Employer by Specific Statute
4.7.2 Who Is Not an Employee?
4.7.3 Employees of Persons Holding Contractor's License
4.7.4 Directors Excluded
4.7.5 Limited Liability Employees
4.8 "Employment" Defined—Who Is an Employer?
4.8.1 Service for Public Entity or Indian Tribe
4.8.2 Service Localized Within California
4.8.3 Service Within the United States or Canada
4.8.4 Services Performed Outside of United States
4.9 Services Not Employment
4.9.1 Transcribers (Legal)
4.9.3 Religious Workers
4.9.2 Service for Another State or Federal Government
4.9.4 Workers for United States Unemployment System
4.9.5 Election (Political) Campaign Workers
4.9.6 Officers and Directors
4.9.7 Fraternity Workers
4.9.8 Casual Workers
4.9.9 Exempt Organization Workers
4.9.10 Students Employed (Full-Time) by Organized Camps
4.9.11 Foreign Government Workers
4.9.12 Foreign Government "Separate" Entity Workers
4.9.12.1 Service for International Organizations
4.9.13 Student Nurses and Intern Hospital Workers
4.9.14 Student "Work Experience" Workers
4.9.15 Hospital "Patient" Workers
4.9.16 Foreign Vessel Workers
4.9.17 Licensed Salespersons
4.9.18 Consultant Working as an "Independent Contractor"
4.10 Motion Picture Payroll Service Workers
4.11 Employment That Is Excluded
4.11.1 Directors
4.11.2 Domestic Workers
4.11.2.1 Employer; Employment Agency; Domestic Workers
4.11.3 Family Workers
4.11.4 Intermittent or Adjunct Instructors
4.11.5 Students and/or Spouses
4.11.6 Newsboys or Newsgirls
4.11.7 Golf Caddies
4.11.8 Elected or Appointed Officials
4.11.9 Baseball Players
4.11.10 Free-Lance Jockeys
4.11.11 Foreign Professional Athletes
4.11.12 Independent Contractors
4.11.12.1 Different Criteria to Determine Employment Relationship
4.11.12.2 Unlicensed Contractors
4.11.13 Temporary Service Employers
4.12 Elective Coverage
4.12.1 Termination of Elective Coverage
5.0 Eligibility Requirements
5.1 Unlawfully Detained
5.2 Death in Family
5.3 Jury Duty—Responding to a Subpoena
5.4 Part-Time Work
5.5 Students
5.6 Undocumented Workers
5.7 Most Recent Work
5.8 Minimum Earnings Requirement
5.9 Liberality
6.0 “Benefits” Defined
6.1 Weekly Benefit Amount
6.2 Computations
6.3 Direct Deposit
6.4 California Training Benefits
6.5 Determining the "Base Period"
6.6 Second Claim
6.7 Partial Employment
6.8 Benefit Reduction
6.8.1 Taxation of Benefits
6.8.1.1 Unemployment
6.8.1.2 Disability
6.8.1.3 Paid Family Leave
6.8.1.4 Tax Consultant
7.0 Application Procedures
7.1 Benefit Claims—In General
7.2 Application Process
7.2.1 Types of Claims
7.2.2 Application for Benefits
7.2.3 Payment by Credit Card
7.2.4 Application in Person
7.2.5 False Information Disqualification
7.3 New Claim for Benefits
7.3.1 New Claim Filing
7.3.2 Verification of Identity
7.3.3 Determinations
7.3.4 Additional Claim
7.3.5 Reopened Claim
7.4 Continued Claim for Benefits
7.4.1 Continued Claim for Benefits—Filing and Contents
7.4.2 Partial Claims for Partial Unemployment Benefits
7.5 Proof of Citizenship
7.6 Processing the Application
7.6.1 Interactive Voice Response (IVR) System
7.6.2 Internet Services
7.7 Cancellation of a Valid Claim
7.8 Filing of Continued Claim Form
7.9 Backdating a Claim and Late Filing
7.9.1. Delayed Registration for Work and Filing of Claim
7.10 Right of Access to Department Information
7.11 Appealing Department's Computation or Recomputation
7.12 Right of Department to Reconsider a Determination
7.13 Right to Appeal Department's Notice of Determination
7.13.1 Proof of Service
7.13.2 Payments While Case Is on Appeal
7.13.3 Reimbursement Employers
8.0 Hearing Before an Administrative Law Judge
8.1 Disqualification of Judge
8.2 Telephone Hearings
8.3 Ex-Parte Communication Prohibited
8.4 Notice of Hearing
8.5 Be On Time
8.6 Affidavits
8.7 Evidence
8.7.1 Types of Fraud
8.7.2 Payroll Tax Fraud
8.7.3 Improperly Excluded Evidence
8.7.4 Surprise
8.7.5 Hearsay
8.7.6 Presumptions
8.7.7 Judicial Notice
8.7.8 Independent Investigative Information
8.7.9 Objections to Questions
8.7.10 Prohibition Against Unlawful Search and Seizure
8.7.11 Binding Effect of Other Agency Findings
8.8 Not Last Employer
8.9 Res Judicata—Collateral Estoppel
8.9.1 Contempt
9.0 Decision of Administrative Law Judge
9.1 Correcting Decision for Clerical Error
10.0 Double Affirmation
10.1 Case File and Transcripts
11.0 Right to Appeal Judge’s Decision
11.1 Appeals Board Decision
11.1.1 Untimely Documents
11.1.2 Precedent Decisions—Binding Effect
11.1.2.1 Index of Precedent Decisions
11.1.2.2 Ex-Parte Communications
11.1.2.3 Disqualification of Board Member
12.0 Right to Appeal Decision of the Appeals Board
12.1 Telephone Assistance
12.1.1 California Unemployment Insurance Appeals Board
12.1.2 Executive Office
12.1.3 Board Members
12.1.4 Appellate Operations
13.0 Unemployed Persons
14.0 "Wages" Defined
14.1 Undocumented Workers
14.2 Back Pay
14.3 Bonuses
14.4 Commissions
14.5 Drawing Account
14.6 Gratuity—Tips
14.7 Holiday Pay
14.8 In-Lieu-of-Notice Pay
14.9 Severance Pay—Dismissal Pay
14.10 Wage Continuation Pay
14.11 Sick Pay
14.12 Supplemental Compensation Benefits
14.13 Residual and Other Fees
14.14 Vacation Pay
14.14.1 Pay in Lieu of Vacation
14.14.2 When Does Vacation Pay Vest?
14.15 Military Leave Pay
14.16 Vacation or Sabbatical Leave
14.17 Professional Athletes
14.18 Excess Remuneration
14.19 Business Expenses
14.20 Retirement Payments and Other Benefits
14.21 Payment of Sick Pay by Third Party
14.22 Retirement Payments
14.23 Payment Relating to Sickness and Other Benefits
14.24 Payments from Certain Trusts
14.25 Special Note: Workers’ Compensation
14.26 Miscellaneous Remunerations
14.27 Board and Lodging
14.27.1 Overtime Pay Law
14.27.2 Agriculture Workers
14.28 Credit
14.29 Exchange of Services
14.30 Foster Parent Compensation
14.31 Damages or Other Awards
14.32 Prizes
14.33 Royalties
14.34 Use of Property
14.35 Union Payments
14.36 Picket Duty
14.37 Strike Benefits
14.38 Welfare Payments
14.39 Taxes Paid by Employer
14.40 Remunerations Other Than Cash
14.41 Pension Plan Payments
14.41.1 Employer’s Violation of the WARN Act
14.42 Special Note: Other Wages
14.42.1 Records, Reports, and Contribution Payments
14.42.2 Filing of Report of Contributions and Report Wages
14.42.3 Information Regarding New Employees
14.43 Jury Duty
15.0 Penalties for Reporting Fictitious Names
15.1 Fictitious Employer or Employee
15.2 Wages: False Reports
15.3 Failure of an Employer to Withhold Taxes
15.3.1 Employers Terminating Business
16.0 Ability and Availability
16.1 Able to Perform Work
16.2 Available to Perform Work
16.2.1 Age
16.2.2 Aliens
16.2.3 Athletes
16.2.4 Attendance at School
16.2.4.1 Part-Time Work
16.2.4.2 Compulsory School Attendance
16.2.4.3 Non-Compulsory School Attendance
16.2.5 Death in Family
16.2.6 Distance to Work
16.2.7 Domestic Circumstances
16.2.8 Grooming
16.2.9 Health
16.2.10 Incarceration
16.2.11 Jury Duty
16.2.12 Response to Subpoena
16.2.13 Leave of Absence
16.2.14 Local Custom
16.2.15 Move to New Area
16.2.16 Receipt of Other Benefits
16.2.16.1 Unemployment Disability Benefits
16.2.16.2 Unemployment Benefits from Another State
16.2.16.3 Workers’ Compensation Benefits
16.2.16.3.1 Temporary Disability Indemnity Benefits
16.2.16.3.2 Permanent Disability Indemnity Benefits
16.2.16.4 Social Security Benefits
16.2.16.4.1 Disability and/or Retirement
16.2.16.5 Old Age and Survivor’s Insurance
16.2.16.6 Relief
16.2.17 Religious Practices
16.2.17.1 Religious Apparel—Right to Wear
16.2.18 Seasonal Work
16.2.19 Self-Employment
16.3 Time Available
16.4 Traveling
16.5 Transportation Difficulties
16.6 Union Relations
16.7 Prevailing or Smaller Wages
16.8 Nature of Work
16.9 Working Conditions
16.10 Unexpired Military Leave
16.11 Longshoring Operations
17.0 How a Claimant Registers for Work
17.1 Search for Suitable Work
17.1.1 Jury Duty
17.1.2 Partially Unemployed Claimants
17.1.3 Burden of Proof
17.2 Unemployed Individuals—Part-Time Work
17.3 Students
18.0 Disqualification Because of Voluntarily Leaving
18.1 Moving Party
18.2 Incarceration
18.3 Denial of Equal Employment Opportunity
18.4 Intoxication
18.5 Jury Duty
18.6 Right to Use Sick Leave
18.7 Sexual Harassment
18.8 Most Recent Work
18.9 Presumptions
18.10 Good Cause
18.11 Common Reasons for Voluntary Leaving
18.11.1 Disciplinary Action or Anticipation of Discharge
18.11.2 Attendance at School
18.11.3 Literacy Assistance
18.12 Transportation
18.13 Employer Advises That Benefits May Be Claimed
18.14 Religious or Conscientious Reasons
18.14.1 Religious Apparel—Right to Wear
18.15 End of Contract or Sale of Business
18.16 Health or Safety
18.16.1 Restraining Order Against Unlawful Violence
18.17 Morals
18.18 Intentions of Employer
18.19 Marital or Domestic Situation
18.19.1 To Protect Against Domestic Violence Abuse
18.19.2 Minor Quits Work to Accompany Parents
18.19.3 To Accompany or Join a "Spouse" or "Domestic Partner"
18.19.3.1 Employer May Not Be Liable for Benefits
18.19.4 Care for One’s Children, Spouse, or Domestic Partner
18.19.5 Care for One’s Parent
18.19.6 Care for Nieces or Nephews
18.19.7 Marriage, Domestic Partnership
18.19.8 To Accompany Another Person to a Distant Locality
18.19.9 Pregnancy
18.19.10 Objection to Working Conditions
18.20 New Owners Take Over Business
18.21 Personal Affairs
18.22 Wage Reduction and/or Downgrade
18.22.1 Right to Wages When Fired or Quits Work
18.23 Change or Reduction in Work Hours
18.24 Time—Days or Hours of Work
18.25 Accepting a Layoff Rather Than Exercising “Bumping” Rights
18.26 Retirement Policy Requires Leaving of Work
18.26.2 Optional
18.26.1 Mandatory
18.27 Seeking or Accepting Other Work
18.27.1 Leaving Full-Time Work
18.27.2 Leaving Part-Time Work
18.27.3 Employer May Not Be Liable for Benefits
18.28 Leaving Work to Enter Self-Employment
18.29 Trade Disputes
18.30 Working Conditions
18.30.1 Production Requirements
18.30.2 Dissatisfaction with a Fellow Employee and/or Supervisor
18.31 Opportunity for Advancement
18.32 Safety—Hazardous Conditions or Defective Equipment
18.33 Unsanitary Conditions
18.34 Weather, Climate, Temperature, or Ventilation
18.35 Duties Outside Scope of Employment
18.36 Breach of Contract of Hire
18.37 Withholding Wages Illegally
18.38 Union Relations
18.39 Sexual Harassment
18.40 Discrimination
18.41 "Constructive Voluntary Quit" Situations
18.41.1 Terminated Because of Absence from Work
18.41.2 Terminated for Refusal to Join Union
18.41.3 Terminated at Request of Union
18.41.4 Terminated as Result of Losing License
18.41.5 Terminated Because of Employer’s Liability
18.41.6 Terminated as Result of Refusal to Work Certain Days
18.41.7 Terminated as Result of Being Incarcerated
18.42 Absence in Excess of 24 Hours
18.42.1 Notice to Claimant
18.43 Nullification of "Good Cause" for Leaving Work
18.43.1 Failure to Request Extension or Return from Leave
18.43.2 Failure to Request Adjustment of Complaint
18.43.3 Failure to Inform Employer of Physical Disability
18.44 Purge of Disqualification
18.45 Duration of Disqualification
19.1 What Constitutes "Misconduct"
19.1.1 Incarceration
19.1.2 Absenteeism Due to Intoxication
19.1.2.1 Employer's Account May Not Be Charged
19.1.3 Most Recent Work
19.1.4 Presumption
19.1.5 Misconduct
19.1.6 Employer “Condones” Offense
19.1.7 Higher Duty or Standard of Conduct
19.2 Common Reasons for Discharge
19.2.1 Absence and/or Tardiness from Work
19.2.1.1 No Fault Attendance System
19.2.2 Parent or Guardian Attending School Because of Pupil
19.2.3 Failure to Return from Leave of Absence
19.2.4 Altercation
19.2.5 Arrest and/or Imprisonment
19.2.6 Dishonesty
19.2.6.1 False Statements Made by Employee in Work Application
19.2.6.2 Prohibition Against Asking About Criminal Conviction
19.2.6.3 Privilege and Communications
19.2.6.4 Conversion of Employer’s Property
19.2.6.5 Using False Name or Social Security Number
19.2.7 Disloyalty of Employee
19.2.8 Insubordination
19.2.8.1 Dress Code—Refusal to Conform
19.2.8.2 Religious Apparel—Right to Wear
19.2.9 Telephone or Twitter Abuse
19.2.10 Disruptive Actions
19.2.11 Intoxication or Use of Intoxicants
19.2.11.1 Reporting for Work While Intoxicated
19.2.11.2 Irresistible Compulsion to Use or Consume Intoxicants
19.2.11.3 Reporting for Work Suffering from Effects of a Hangover
19.2.11.4 Becoming Intoxicated While Off Duty
19.2.12 Refusal to Take a Drug Test
19.2.13 Neglect of Duty
19.2.13.1 Ordinary Neglect in Isolated Instances
19.2.13.2 Recurring Neglect
19.2.13.3 Gross Neglec
19.2.14 Sleeping on Job
19.2.15 Handling of Cash
19.2.16 Off-Duty Offense—Not Related to Work—Violation of Law
19.2.17 Personal Appearance
19.2.18 Profanity or Vulgar Language
19.2.19 Relations with Fellow Employees—Supervisors-Including Sexual Harassment
19.2.20 Relationship with Customers, Clients, and Public
19.2.21 Resigned From Work
19.2.22 Uncooperative, Rude, or Sullen Attitude
19.2.23 Union Activities—Relations
19.3 Cessation of Work
19.3.1 Effect of Collective Bargaining Agreement
19.3.2 Violation of Employer’s Rules or Policies
19.3.3 Polygraph Test
19.3.4 Wage Attachments or Garnishments
19.3.5 Workmanship—Poor Work Performance
19.4 Purging "Irresistible Compulsion to Consume Intoxicant"
20.0 Disqualification for Refusal to Accept Suitable Employment
20.1.2 Alleged Failure to Apply for “Suitable Employment"
20.1.3 Offers or Referrals to Suitable Employment
20.1 Specific Requirements
20.1.1 Actual Offers of Employment to Claimant
20.1.3.1 Burden of Proof
20.2 Common Situations That Arise
20.2.1 Risk to Claimant’s Health, Morals, and Other Reasons
20.2.1.1 Risk to Health
20.2.1.2 Risk to Safety
20.2.1.3 Risk to Morals
20.2.1.4 Religious Practices
20.2.2 Claimant’s Physical Fitness
20.2.3 Prior Earnings—Wages Offered
20.2.4 Claimant’s Length of Unemployment
20.2.5 Distance of Available Work
20.2.6 Opportunities for Advancement
20.2.7 Environment
20.2.8 Refusal to Take Loyalty Oath
20.2.9 Objection to Quality of Employer’s Workmanship
20.2.10 Need for Special Equipment
20.2.11 Part-Time and/or Temporary Work
20.2.12 Domestic Reasons
20.2.13 Intent to Return to Work for Prior Employer
20.2.14 Refusal to Work Certain Hours or Days
20.2.15 Refusal to Join Union
20.2.16 Nonunion Work
20.2.17 Attendance at School
20.2.18 Recall Rights
20.2.19 Agency Fees
20.3 Determining "Disqualification" Penalty
20.4 Purging Suitable Employment Disqualification
21.0 Ineligibility for Benefits Due to Trade Dispute
21.1 “Trade Dispute” Defined
21.1.1 Claimant Leaves Work Because of Trade Dispute
21.1.2 Refusal to Cross Picket Line
21.1.3 "Active Progress" Defined
21.1.4 ”Establishment” Defined—Place of Employment
21.2 Terminating Trade Dispute Ineligibility
21.3 Closing or Sale of Employer’s Establishment During Dispute
21.4 Destruction of Employer’s Establishment During Dispute
21.5 End of Seasonal Work
21.6 Discharge or Replacement of Claimant by Employer
21.7 Subsequent Employment by Claimant
21.8 Offer to Return to Work
21.9 Voluntary Resignation by Claimant
21.10 Termination or Abandonment of Trade Dispute
21.11 Violation of “No-Strike” Provision
21.12 Laid-Off Workers Recalled to Work After Strike Commences
22.0 Making a "False Statement" or "Misrepresentation"
22.1 “Willfully” Defined
22.2 Determining "Disqualification" Penalty
22.2.1 “Material” Defined
22.3 How “False Statement” Disqualification May Be Purged
22.4 Criminal Violations
22.4.1 Department Regulation on Violation
23.0 Reserve Accounts
23.1 An Overview of Reserve Accounts
23.2 Employer's Failure to Respond to Department's Requests
23.3 Reserve Account Transfer
23.4 Rulings
23.4.1 An Overview of Rulings
23.4.2 Statement of Charges
23.4.3 Protest of Charges to Reserve Account
23.4.4 Bifurcation of Issues
23.4.5 Burden of Proof
23.4.6 Penalty for Untimely Response to Claim
23.4.7 Right to Appeal Department’s Ruling or Denial of Ruling
24.0 Federal-State Extended Benefit Claims
25.0 Penalties Against Employer for Willful False Statement
25.1 Determining Cash Penalty
26.0 Miscellaneous
26.1 Aliens—Undocumented Workers
26.2 Attachment or Assignment of Benefits
26.3 Benefit Cost Reimbursement
26.3.1 General
26.3.2 Election of Benefit Reimbursement Method
26.3.3 School Employer—Benefit Cost Reimbursement
26.3.4 Overpayments
26.3.5 Joint Accounts
26.3.6 Termination of Option
26.3.7 Cost of Benefits Paid vs. Tax Contributions
26.3.8 School Employees Fund
26.3.9 Local Public Entity Employees Fund
26.3.10 Office of the Taxpayer Rights Advocate
26.3.10.1 Duty of Employers to Register with Department
26.4 Collateral Estoppel Doctrine
26.4.1 Combined-Wage Claim
26.5 Confidential Information
26.5.1 Information Practices Act of 1977
26.5.1.1 Inspection of Records
26.5.1.2 Information Which Is Non-Disclosable to an Individual
26.6 Confidentiality of Medical Information Act
26.6.1 Violation of Medical Information Act
26.6.2 Waiver of Medical Information Act
26.7 Copy of File: Charges
26.8 Correction of File
26.9 Disaster Unemployment Assistance Program
26.10 Discrimination By Employer Against Employee
26.11 Double Affirmation
26.12 Drug-Free Workplace
26.13 Duty to Report All New Employees
26.14 Duty to Report Termination of Business
26.15 Employment Training Fund
26.16 Ex-Service Person’s Benefits
26.17 Extended Unemployment Benefits
26.17.1 Federal-State Program
26.17.2 Federal Program
26.17.3 State Program
26.17.4 Federal Employees
26.17.5 Fraudulent Concealment of Wage Payments by Third Party
26.18 False Information
26.19 False Statement to Avoid Contributions
26.20 Funding the Program
26.21 Helpful Hints to Avoid Penalties
26.22 Inmates
26.22.1 Interest
26.23 Interstate Claims
26.24 Liability of Officers and Major Stockholders
26.25 National Labor Relations Act
26.26 Notices That Must Be Given and Posted by Employers
26.26.1 Suggested Format
26.26.2 Employer Induces an Employee to File a False Claim
26.26.3 Payments to Deceased or Incompetent Claimants
26.26.4 Employer’s Violation of WARN
26.27 Obtaining Additional Information
26.28 Offsets
26.29 Overpayments
26.29.1 Organ and Bone Marrow Donors Paid Leave of Absence
26.30 Public Records Act
26.31 Quitting Business
26.32 Retraining Benefits
26.33 Service Recipients; Contracts with Service Providers
26.34 Shared Work Program
26.35 State and Federal Income Taxes on Benefits
26.35.1 Notice That Benefits Are Taxable
26.36 Subpoena of Department Records
26.37 Tips for Reducing UI Tax Rate
26.38 Trade Act of 1974
26.39 Underground Economy
26.40 Release of Information
26.41 Veterans Training
26.42 Voluntary Contributions to Reduce Tax
26.43 Who Makes Contributions to the Unemployment Insurance Fund?
26.44 Employer's Bill of Rights
27.0 Appeals Hearing
27.1 Time to Appeal
27.2 Format of Appeal
27.3 Preparation of Evidence
27.4 Hearing Process
27.4.1 Evidence
27.4.2 Right to Inspection of Personnel File
27.4.3 Appeals Board Rules
27.5 Immediate Documentation
27.5.1 Right to Information in Department Files
27.6 Continuances
27.7 Subpoenas
27.8 Time Allotted for Hearing
27.9 Interview All Witnesses
27.10 Documentation: Originals and Copies
27.11 Research the Law
27.12 Promptness
27.13 Proper Attire
27.14 Readiness to Proceed
27.15 Attitude
27.16 Entering the Hearing Room
27.17 Collateral Estoppel
27.18 Questioning of Witnesses
27.19 Order of Proof
27.19.1 Burden of Proof Required in Fraud Case
27.20 Precision Required
27.21 Control of Witness
27.22 Judge’s Attentiveness
27.23 Surprise and Rebuttal
27.24 Affidavits
27.25 Cumulative Testimony
27.26 Focus on Facts
27.27 Arguing
27.28 Use of Telephone
27.29 Department Records in Appeals Board File
27.30 Continuance Request by Adverse Party
27.31 Checklist
27.32 Closing Argument
27.33 Withdrawal of Appeal
27.34 End of Hearing
PART II - CALIFORNIA STATE DISABILITY COMPENSATION INSURANCE PROGRAM
28.0 Purpose
28.1 Programs Are Intended to Complement Each Other
29.0 History
30.0 Administration
31.0 Disability Compensation Insurance Benefits: Eligibility
31.1 Self-Employed Persons
31.2 Public Entities and Indian Tribes
31.3 Employer Duty to Inform Employees of Rights
32.0 Types of Disability Insurance Plans
33.0 Eligibility Requirements Under "State Plan"
33.1 “Disabled” Defined
33.1.1 Acute Alcoholism
33.1.2 Pregnancy
33.1.2.1 Unlawful Discrimination Against Pregnant Employees
33.2 Alcoholism
33.3 Drug Addiction
33.4 Nursing Mother
33.5 When Is a Person in a Labor Market?
33.6 Regular or Customary Work Defined
33.7 Wage Loss Defined
33.7.1 Seamen’s Disability Wages
33.7.2 Severance Pay
33.7.3 Sick Pay
33.7.4 Supplemental Unemployment Compensation Pay
33.7.5 Vacation Pay
33.7.6 Holiday Pay
33.7.7 Wage Continuation Pay
33.7.8 Part-Time Wages
33.7.9 Wages for Employment in Public Sector
33.8 Death of an Individual or of a Family Member
34.0 Special Disqualifying Conditions
34.1 Temporary Disability Benefits Under Workers’ Compensation
34.2 Unemployment Compensation Insurance Benefits
34.3 Disqualification Because of Trade Dispute
34.4 Disqualification Under Code Sections
34.5 Dipsomaniac, Drug Addict, or Sexual Psychopath
34.5.1 Incarcerated Individual
34.5.2 Disability Caused by Individual Committing a Felony
34.5.2.1 Representation to Department May Not Estop ADA Benefits
34.6 Wages Exempted by Religious Certificate
34.7 False Statement "Willfully" Made to Obtain Benefits
34.8 Support Obligations
34.8.1 Death in the Family
35.0 Weekly Benefits Under State Disability Plan
35.1 Determining a Disability Benefit Period
35.2 Computing Weekly Benefit Payment
35.2.1 Maximum Benefits If Employee Is Receiving Wages
35.2.1.1 Disability Base Period
35.2.1.1.1 Weekly Benefit Amount Table
35.2.1.2 Special Disability Base Period
35.2.1.2.1 Unexpired Benefit Years
35.2.1.2.2 Involved in Trade Dispute
35.2.1.2.3 Wages Were Paid at Irregular Intervals
35.2.1.2.4 As Result of Industrial Injury
36.0 Applying for Benefits
36.1 When to File Completed Claim Form
36.1.1 Pregnancy
36.2 Backdating a Claim
36.2.1 Independent Medical Examinations
37.0 Computing Maximum Award
38.0 Right to Appeal Department’s Computation
39.0 Processing of Claim
40.0 Right to Appeal Department’s Determination as to Eligibility
40.1 Content of Appeal
40.2 Computing Appeal Time
40.3 Good Cause for Late Filing of Appeal
40.4 Where to File Appeal
40.5 Rights While Appeal Is Pending
40.6 Notice of Hearing
41.0 Hearing Before an Administrative Law Judge
41.1 Evidence
41.1.1 Credibility of a Witness
41.1.2 Presumptions
41.1.3 Official and Judicial Notice
41.1.4 Other Evidentiary Aids
41.1.5 Illegally Obtained Evidence
41.1.6 Final Criminal Judgments
41.1.7 Polygraph Test
41.1.8 Decisions Binding on Judge
41.1.8.1 Offsets
41.1.8.2 The Appeals Board's Rules
42.1 Right to Appeal Judge’s Decision
43.0 Decision of the Appeals Board
43.1 Appeal of an Appeals Board Decision
44.0 Superior Court Action
45.0 Review of Superior Court Decision
45.1 Review by the California Supreme Court
46.0 Obtaining Assistance
47.0 Miscellaneous
47.1 Attachment or Assignment of Benefits
47.2 Social Security Disability Benefits
47.3 Benefits Due a Deceased Person
47.4 If a Claim for Disability Benefits Is Denied
47.5 Claimant’s Report to Department
47.6 Claimants Unable to Represent Themselves
47.6.1 Community Colleges
47.7 Confidential Information
47.8 Disability Benefit vs. Unemployment Benefit Year
47.9 Effect of Personal Insurance Policies
47.10 Effect of Religious Beliefs
47.11 Employer Continues to Pay Wages
47.12 Employer Refuses to Make Work Available
47.13 Fraudulent Claims
47.13.1 Suspected Fraud Reviewed Under Department Regulations
47.13.2 False Certification of Medical Condition
47.13.3 Franchisor's Liability for acts of Franchisee
47.14 How a Disabled Individual Files a Claim
47.14.1 Designed to Operate Online or by Mail
47.14.2 Time Limits for Filing a Claim
47.14.3 Earnings Requirement
47.14.4 Out-of-State Claims
47.15 Undocumented Workers
47.16 Inmates
47.16.1 Interest
47.17 Military Veterans (Trainees)
47.18 Notice to Employees of Disability Benefits
47.19 Education Program; Notice of Rights and Benefits
47.20 Overpayments
47.21 Benefits During Trade Dispute
47.22 Payments to Minor
47.23 Pregnancy and Disability Insurance
47.24 Refund for Those Who Work for More Than One Employer
47.25 Requirement That Claimant Be Examined by Doctor
47.26 Contribution Rate
47.27 Taxes on Benefits
47.28 Tips for Reducing Tax Rate
47.29 Visit to Claimants’ Homes
47.30 Waiting Period
48.0 Voluntary Plans
48.1 Reports by Voluntary Plans
48.2 Dispute Between Plans
48.3 Successor Employing Unit
48.4 Simultaneous Coverage
48.5 Notice of Computation
48.6 Funding the Program
48.7 Motion Picture Payroll Services Companies
48.8 Information About State Disability Insurance Program
PART III - PAID FAMILY LEAVE PROGRAM
49.0 Paid and Unpaid Family Leave Programs (PFL)
49.1 Return-to-Work Rights
49.2 Programs Are Intended to Complement Each Other
49.3 Questions and Answers
49.4 Claim Form
49.4.1 How to File a Claim for Paid Family Leave (PFL) Benefits
49.4.2 Taxes
49.4.3 Additional Information
APPENDIX
Appendix A
Unemployment Appeals A Guide For Claimants, Employers and their Representatives
Managing Unemployment Insurance Costs
Explanation of the Notice of Contribution Rates and Statement of UI Reserve Account
Appendix B
Unemployment Insurance Benefits Table
State Disability Insurance and Paid Family Leave Benefits Table
PRECEDENT DECISIONS
P-B-1 Restriction Upon Availability for Genuine Religious Reasons
P-T-2 Independent Contractor
P-B-3 Misconduct Elements
P-B-4 Wage Allocation
P-B-5 Work and Self-Employment
P-B-6 Failure to Apply for Work
P-D-7 Private Plan Insurer
P-B-8 Negating Good Cause
P-B-9 Contract Terminated
P-B-10 Passive Misconduct
P-B-11 Employment Relationship Continues
P-D-12 Hospitalization
P-T-13 Farmer-Exemption
P-B-14 Gross Negligence
P-R-15 Less Pay is Not a Better Job
P-B-16 Trade Dispute v. Misconduct
P-B-17 (Invalid) See Rios EDD, 187 Cal.App.3d 489
P-B-18 Partially Unemployed Workers
P-T-19 Unity of Enterprise
P-B-20, 22 Tips as Wages
P-B-21 Unemployment Compensation Benefits v. Temporary Disability Workers' Compensation
P-T-23 Timeliness of a Petition for Reassessment
P-B-24 Trade Dispute-Strike Against One is a Strike Against All
P-B-25 Transportation Difficulties
P-B-26 Domestic Move
P-B-27 Moving Party
P-B-28 Availability for Work
P-R-29 Employer False Statement
P-T-30 Penalties
P-T-31 The CUIAB and the Constitution
P-B-32 Overruled by P-B-260
P-T-33 Unity of Enterprise
P-B-34 Suitable Work
P-T-35 Timeliness of an Appeal From Decision Denying Reassessment
P-B-36 Allocation of Pro-Rata Vacation and Sick Leave Pay
P-B-37 Moving Party; Discharge Converted to Voluntary Leaving
P-R-38 Hearsay in Ruling Cases
P-B-39 Accelerated Leaving a Discharge
P-B-40 Private Agreement May Not Dictate Allocation of "Wages"
P-D-41 Seamen's "Wages"
P-B-42 Proper Party
P-B-43 In Lieu of Notice Pay
P-B-44 "Transfer" to Other Work
P-B-45 Incarceration-Section 1256.1
P-B-46 Right to Appeal
P-B-47 Back Pay Award and Its Effect on Unemployment Benefits Received for the Same Period
P-B-48 Availability-Fishing
P-B-49 Fishing-Self-Employed
P-B-50 Protests and Rulings
P-W-51 Win Program-Rescinded
P-B-52 Test Period Satisfaction- 1277
P-B-53 1253c-Availability of Children
P-D-54 Overruled-Rentzer, 32 Cal.App.3d 604
P-D-55 Employer's Wage Continuation Plan Section 2656
P-T-56 Tax Petitioner Gets Second Chance
P-B-57 Evidence for Misconduct and Criminal Cases
P-B-58 Overruled-P-B-250
P-B-59 Self-Employment and Section 1260
P-B-60 False Statement and Wages
P-B-61 (Invalid) See Rios EDD, 187 Cal.App.3d 489
P-B-62 Union Members and Roll Call (Sections 1253(c) and (e)
P-B-63 Charging Reserve Accounts
P-T-64 Transfer of Reserve Accounts
P-B-65 Students and the Reserve Account
P-B-66 Haircuts, Refusal to Cut, Misconduct
P-B-67 Jurisdiction of the Referee-Prospective Availability for Work
P-D-68 New Disability Period
P-B-69 Multiple False Statements
P-B-70 Suitable Work and Employment Agencies
P-B-71 Test Period-1277.5
P-B-72 Wilful Misstatement
P-T-73 Overruled by P-T-450
P-T-74 Estimating Deficiencies
P-B-75 Section 1257(b) and "Bumping"
P-B-76 Alcoholism and Unemployment
P-B-77 Falsification of Work Application
P-B-78 Fraud in Application
P-T-79 Protesting Charges to Reserve Account
P-D-80 Entitlement to Disability Benefits While Off Work Due to a Trade Dispute
P-B-81 Overruled by Boren EDD, 59 Cal.App.3d 250
P-B-83 Overruled by Boren. EDD, 59 Cal.App.3d 250
P-B-84 Late Claim for Benefits-Good Cause
P-R-85 Quitting for a Better Job
P-R-86 Misconduct, Missing Three Days From Work
P-B-87 Haircuts and Refusal to Cut, Misconduct
P-B-88 Good Cause Not Automatic When Reduction in Pay
P-B-89 When Does Trade Dispute End?
P-B-90 Most Recent Work-Federal Prison
P-R-91 Good Cause for Quitting for Better Work
P-B-92 Suitable Work-Keep Employer Informed
P-B-93 Who is Involved in a Trade Dispute?
P-B-94 Voluntary Quit is Good Cause-Pregnancy
P-B-95 What Subsequent Work Ends Attachment to Trade Dispute?
P-B-96 Overruled by Boren EDD, 59 Cal.App.3d 250
P-B-97 Some Federal Involuntary Separations Are Voluntary Quits
P-D-98 Nonpayment of Premiums-No Disability Benefits
P-T-99 Musicians as Employees
P-B-101 Moving Party-Leaving Work Early
P-B-102 Moving Party-Replacement Not Found
P-B-103 Overruled by P-B-181
P-T-104 Market Surveyors
P-T-105 Limited Partnerships
P-B-106 Delayed Discharge, Effect of
P-R-107 Reply in Detail to All Department Notices
P-B-108 Reversed by Court of Appeal
P-B-109 Retraining Entitlement
P-B-110 Union Rule-Limiting Work
P-B-111 "Employment" Exclusion Construed
P-B-112 Threat of Violence in Trade Disputes, Effect of
P-B-113 Overruled by Gilles, 11 Ca1.3d 313
P-B-114 Elective Coverage-Employer v. Self-Employment
P-B-115 Base Period Change Election of Benefit Year Date
P-B-116 Overruled by P-B-275
P-B-117 Smog Was Reason for Leaving Work
P-T-118 Late Appearance at Hearing, Effect of
P-B-119 Availability for Work
P-B-120 Loophole in Interstate Unemployment Insurance Coverage
P-B-121 Appearances-Unavailable
P-R-122 Rulings-Continuous Work
P-B-123 New Job Failed to Materialize
P-B-124 Reduction in Pay- "Good Cause" to Leave Work
P-T-125 Home Worker Found to be Independent Contractor
P-B-126 Section 1256 Presumption
P-B-127 Downgrade of 20.96%- "Good Cause" to Leave Work
P-B-128 Redeterminations
P-B-129 No Unemployment Insurance for Retired State Employees
P-D-130 Workmen's Compensation v. Unemployment Disability Insurance Compensation
P-B-131 Section 1264-Repealed
P-D-132 Statute-Rescinded
P-B-133 Overruled by P-B-264
P-B-134 Section 1257(b) and the Requirement for Investigation
P-B-135 Student on a Semester Break
P-R-136 Hiatus Between Jobs
P-B-137 Wrong Last Employer
P-B-138 No Good Cause Due to Generation Gap
P-B-139 Intolerable Working Conditions- "Good Cause" to Leave Work
P-B-140 Continuous Self-Employment
P-B-141 (Invalid) See Rios. EDD, 187 Cal.App.3d 489
P-T-142 Unemployment Insurance Tax Called Lien
P-B-143 Tardiness, Continual, Misconduct
P-B-144 Poor Working Conditions- "Good Cause" to Leave Work
P-B-145 Leave of Absence Not Guaranteed
P-R-146 Protests Filed Within 10 Days
P-B-147 Forty-Eight-Hour Week and Suitable Work
P-T-148 Interstate Horse Racing and Liability for Unemployment Insurance Tax
P-D-149 Overruled by P-D-416
P-B-150 Overruled by Boren EDD, 59 Cal.App.3d 250
P-B-151 Judicial Modification of Precedents
P-B-152 Sole Corporate Stockholder Who Can't Get Any Business for the Corporation
P-B-153 Aliens and Public Policy
P-B-154 See Section 1256.3
P-B-155 State Employees and Unemployment Insurance Benefits
P-B-156 Section 1277 and Definition of Work
P-B-157 No Exceptions for an Unusual Classified School Employee
P-T-158 Tax Rate
P-B-159 Military Service as Work
P-D-160 Vacation Pay, Bonus, and Termination of Employment
P-B-161 Termination of Employment
P-B-162 Military Reserve Pay
P-B-163 Repealed by Section 1253.3
P-B-164 Leaving Prior to Effective Date of Discharge (Lewis)
P-B-165 Bona Fide Employment (Aquila)
P-B-166 Leaving Prior to Effective Date of Discharge
P-B-167 Altercation or Assault Not Misconduct if Did Not Start Fight (Formerly B 6634-Breye)
P-B-168 Good Cause for Backdating (Formerly B 6822-Penn)
P-B-169 Employment During Part of Week, Effect on Availability (Formerly B 6518-Smiley)
P-B-170 (Invalid) See Rios. EDD, 187 Cal.App.3d 489
P-B-171 Removal from One Labor Market to Another (Formerly B 4594-Paulsen)
P-B-172 Illness or Injury, Effect on Availability (Formerly B 4601-Dahl)
P-B-173 Experience or Training-Erroneous Classification (Formerly B 6414-Walsh)
P-B-174 Work Search-Partial Claimants (Formerly B 6171- Shaffer)
P-B-175 Availability For Work While in Transit (Formerly B 6191-Smith)
P-B-176 Availability-Self-Employed (Formerly B 6707-Davis)
P-B-177 Removal from One Labor Market to Another (Formerly B 4473)
P-B-178 Illness, Effect on Availability (Formerly B 6164- Joergensen)
P-B-179 Labor Market-Adequate Demand (Formerly B 4924- Bennett)
P-B-180 Labor Market Evidence (75— 8933-Herter)
P-B-181 Leave of Absence (Young)
P-B-182 Prevailing Rate-Necessity to Inform (Formerly B 6429- Thomas)
P-B-183 Self-Employment, Planning to Enter (Formerly B 6472- McCoy)
P-B-184 Inability to Perform Not Misconduct (Formerly B 6220-Jones)
P-B-185 Sleeping (Dozing) While on Duty Not Misconduct (Formerly B 6744-Cahill)
P-B-186 Tardiness, Minor, Not Misconduct (Formerly B 6374- Newton)
P-B-187 Peaceful Picketing Not Misconduct (Formerly B 5361-Reed)
P-B-188 Arbitration Proceedings- Effect on Appeals Board (Formerly B 6496-Riley)
P-B-189 Gambling During Leave of Absence Not Misconduct (Formerly B 5193-Shaffer)
P-B-190 Insubordination Misconduct-Reasonableness of Order (Formerly B 6598-Ludlow)
P-B-191 Arrest Not Connected With Work Not Misconduct (Formerly B 6534- Knight)
P-B-192 Condonation of Offense by Failure to Discharge Promptly, Effect of (Formerly B 5376- Skinner)
P-B-193 Safety Regulations-Gross Negligence (Formerly B 5842-Converse)
P-B-194 Polygraph Test-Refusal to Submit to Not Misconduct (Formerly B 6637- Freed)
P-B-195 Traffic Citation Not Misconduct (Formerly B 6631-Rogers)
P-B-196 Age-Effect on Availability (Formerly B 5641-Hudson)
P-B-197 Pregnancy-Effect on Availability (Formerly B 5715-Vern)
P-B-198 Removal From Segment of Labor Market (Formerly B 4587-Maxon)
P-B-199 Practice of Employers to Hire Only Permanent Residents (Formerly B 5934-Baxter)
P-B-200 Move to Area of Seasonal Work (Formerly B 4995- Higgins) P-B-201 Employed or Unemployed Status (Formerly B 6718-Armen)
P-B-201 Employed or Unemployed Status (Formerly B 6718-Armen)
P-B-202 Restriction to Part-Time Work (Formerly B 5422- Fletcher)
P-B-203 Withdrawal From Union-Effect on Availability (Formerly B 5502-Seton)
P-B-204 Wages, Comparison With Former Rate (Formerly B 5242-Morris)
P-B-205 Preference, Not a Restriction (Formerly B 5517-Maxwell)
P-B-206 (Invalid) See Rios EDD, 187 Cal.App.3d 489
P-R-207 Fringe Benefits (Formerly R 155-Anaconda Aluminum Co.)
P-B-208 Failure to Return to Work at End of Strike (Formerly B 6230-Dakessian)
P-B-209 Distinguished From Discharge (Formerly B 6372- Neito)
P-B-210 Most Recent Work (Formerly B 6469-Walker)
P-B-211 Layoff Not a Voluntary Quit, Nor a Discharge (Formerly B6226-Clem)
P-B-212 Collective Bargaining Agreement Requiring Termination (Formerly B 6613-Areja)
P-B-213 Absence-Failure to Notify (Formerly B 5819-Camara)
P-B-214 Absence-Failure to Notify (Formerly B 6147-Wiswall)
P-B-215 Absence-Failure to Notify (Formerly B 5918-Ceballos)
P-B-216 Absence Due to Illness-Employer False Statement (Formerly B 6746- Collingsworth)
P-B-217 Off-Duty Offense (Formerly B 6596-Silver)
P-B-218 Resignation in Lieu of Discharge (Formerly B 5844- Pierce)
P-B-219 Doubts as to Authority of Individual Issuing Order(Formerly B 5338-Whitermore)
P-B-220 Refusal of Work Offer (Formerly B 5015-Highberger)
P-B-221 Use of Intoxicants (Formerly B 5965-Young)
P-B-222 Inefficiency (Formerly B 4648-Jenkins)
P-B-223 Duties Not Discharged (Formerly B 5497-Riede)
P-B-224 Inability to Satisfy Employer's Standards (Formerly B 6223-Wainer)
P-B-225 Failure to Return to Work (Formerly B 6090-Collins)
P-B-226 Incarceration, Termination Because of (Formerly B 6801- Barnett)
P-B-227 Resignation in Lieu of Discharge (Formerly B 5869- Villalobos)
P-B-228 Leaving in Anticipation of Discharge (Formerly B 6377-Tucker)
P-B-229 Rebuke or Reprimand (Formerly B 4963-Stevens)
P-B-230 Home or Spouse in Another Locality (Formerly 6713-Dipre)
P-B-231 Trade Dispute, During (Formerly B 6757-Garcia)
P-B-232 Transportation and Travel (Formerly B 6310-Holland)
P-B-233 Transportation and Travel (Formerly B 2136-Hitchcock)
P-B-234 Overruled by P-B-234A
P-B-235 Failure to Investigate Ride-Sharing Possibilities (Formerly B 5825-Krake)
P-B-236 Travel Time Not Excessive (Formerly B 6595-Trammel)
P-B-237 Care of Children (Formerly B 5047-Martina)
P-B-238 Separate Household (Formerly B 6135-Martin)
P-B-239 Couple, Employment as One of (Formerly B 6380- Campbell)
P-B-240 Removal From Locality (Formerly B 4952-Madsen)
P-B-241 False Statements in Application for Work (Formerly 75-8983-Johnson, Jr.)
P-B-242 Moved Following Marriage (Formerly B 5769-Sullivan)
P-B-243 Unemancipated Minor (Formerly B 6260 Gray)
P-B-244 Weight and Sufficiency of Evidence (Formerly B 6181-Craven)
P-B-245 Transportation and Travel (Formerly B 6807-Myers)
P-B-246 Leave of Absence (Formerly B 5319-O'Neill)
P-B-247 Leave of Absence (Formerly B 5407-Huntington)
P-B-248 Leave of Absence (Formerly B 5429-Clark)
P-B-249 Cost of Travel Excessive (Formerly B 6475-Pemelton)
P-B-250 Feme Sole, a Family (Formerly 75-8031-Tatman)
P-B-251 Necessity for Change of Residence (Formerly B 5336-Hurley)
P-B-252 Employer Rule (Formerly B 6659-White)
P-B-253 Leave of Absence (Formerly B 5409-Connely)
P-B-254 Claimant Quit in Second Month of Pregnancy (Formerly B 6459-Evans)
P-B-255 Refused Leave of Absence (Formerly B 6433- Huttenhower)
P-B-256 Claimant Did Not Request Leave of Absence (Formerly B 5780-Rossi)
P-B-257 Pregnancy Leave of Absence- Collective Bargaining Agreement (Formerly B 6607-Wilson)
P-B-258 Failure to Return at Expiration of Leave or to Request Extension (Formerly B 5027-Stone)
P-B-259 Forced Leave of Absence (Formerly B 6702-Morales)
P-B-260 Lost Work Opportunity Concept (Formerly 75-9088-Gosha)
P-B-261 Burden of Proof and Presumptions (Formerly B 6731-Sanow)
P-B-262 Burden of Proof (Formerly B 5848-Bryant)
P-B-263 Health Affected by Working Conditions (Formerly B 5280-Baringer)
P-B-264 Employment Terminated Upon Sale of Business (Formerly 75-11444- Cardone)
P-B-265 Leaving of Work (Formerly B 6636-Kurtz)
P-B-266 Failure of Claimant to Request, Accept, or Extend (Formerly B 6686-Marix)
P-B-267 Calendar Benefit Week,Effect of (Formerly B 6451- Peyton)
P-B-268 Work, Definition of (Formerly B 6527-Broussard)
P-B-269 Exempt Employment Most Recent Work (Formerly B 5263-Mercer)
P-B-270 Rules as to Self-Employment (Formerly B 5236-White)
P-B-271 Self-Employment (Formerly B 6294-Taylor)
P-B-272 Bona Fide Employment (Formerly B 6809-Dawson)
P-B-273 Court, Necessity to Appear in (Formerly B 6514-Littlejohn)
P-B-274 Personal Reasons for Quit (Formerly B 5442- Freemantle)
P-B-275 Expiration of Contract of Employment (Formerly 75— 9676-Edwards)
P-B-276 Illness-No Medical Treatment or Substantiation (Formerly B 5201-Jones)
P-B-277 Leaving for Other Permanent Work (Formerly B 5572-Stoller)
P-R-278 Temporary-Leaving for Other Temporary Work (Formerly R 104-Van de Kamp Baker)
P-R-279 Relation of Alleged Cause to Leaving (Formerly R 86-L.A. Shoe Mfg. Co.)
P-B-280 Time (Formerly B 5293- Delancey)
P-B-281 Split Shift (Formerly B 6015-Passaglia)
P-B-282 Temporary Work or Work of Short Duration (Formerly B 5703-Hytt)
P-R-283 Servicemen's Readjustment Program (Formerly R 85- Levis Iron and Metal Co.)
P-B-284 Attendance at School (Formerly B 5237-Kaplan)
P-B-285 Expiration of Contract of Hire (Formerly B 5441Chun)
P-B-286 Employment Relationship, Preservation of by Transfer (Formerly B 6466-Rodarte)
P-B-287 Health Affected by Customary Duties (Formerly B 5851-Healy)
P-B-288 Revocation or Suspension of License (Formerly B 5298-Barner)
P-B-289 Incarceration (Formerly B 5309-Neal)
P-B-290 Refusal or Failure to Pay Union Dues, Fines, Assessments, or Agency Shop Fee (Formerly B 6712-Seeley)
P-B-291 General (Formerly B 5816- Felton-Steele)
P-B-292 General (AA 160.05) (Formerly 75-9522-Carroll)
P-B-293 Money Matters, Regulations Concerning (MC 485.6) (Formerly 75-12132-Hecker)
P-B-294 Living Wage (Formerly B 5573 Finney)
P-B-295 Production Requirements or Quantity of Duties (Formerly B 5301-Palmer)
P-B-296 Agreement, Violation of (Formerly B 6297 Wellington)
P-B-297 Fellow Employee (VL 515.4) (Formerly B 5089-Wade)
P-B-298 Safety (Formerly B 5113- Kroeger)
P-B-299 Return to Former Home (VL 360.8) (Formerly B 6233- Storoniak)
P-B-300 Supervisor, Dissatisfaction with (VL 515.8) (Formerly B5556-McBee)
P-B-301 Hours, Change in (VL 500.754) (Formerly B 6299-Shumate)
P-T-302 Petition for Review of Charges, Effect of Denial of Ruling (Formerly T-75-35- Richard M. Dennes, M.D.)
P-B-303 Travel Time (SW 150.207) (Formerly B 6075-Andrews)
P-B-304 Illness or Death of Others (SW 155.35) (Formerly B 4841-Branchard)
P-B-305 Refusal of Referral (SW 170.7) (Formerly B 4800-Harris)
P-B-306 Use of Highest Skill (SW 195.2) (Formerly B 5776 Clewley)
P-B-307 Due to or Aggravated by Working Conditions (SW 235.253) (Formerly B 6262- Akers)
P-B-308 Acceptance of Employment, but Failed to Perform Services (SW 265.1) (Formerly B 6369-Zimmerman)
P-B-309 Attitude of Claimant During Interview (SW 265.251) (Formerly B 4387-Connelly)
P-B-310 General (SW 330.05) (Formerly B 2039-Boysen)
P-B-311 Genuineness of Offer (SW 265.274) (Formerly B 6243- Stockton)
P-B-312 Telephone Inquiry in Lieu of Reporting in Person (SW 265.308) (Formerly B 6448-Wright)
P-B-313 School Attendance, Effect on Availability (Formerly 75—12017-Ballantyne)
P-B-314 Part Time, While Employed (Formerly B 6755-Ferrey)
P-B-315 General (SW 365.05) (Formerly B 6006-Brissenden)
P-B-316 Part Time or Full Time (SW 450.4) (Formerly B 5718-Daum)
P-B-317 Part Time or Full Time (SW 450.4) (Formerly B 6120-Miller)
P-B-318 Requirement to Join or Retain Membership in Bona Fide Labor Organization (SW 475.75) (Formerly B 3532-Washburn)
P-B-319 General (SW 480.05) (Formerly B 4827-Shurtliff)
P-B-320 Prevailing Wage (SW 500.7) (Formerly B 5045-Terrell)
P-B-321 Union Wage (SW 500.85) (Formerly B 5798-Gertler)
P-B-322 Union Wage (SW 500.85) (Formerly B 5850-Sargis)
P-B-323 Morals (SW 515.5) (Formerly B 4768-Grisp)
P-B-324 Supervisor (or Employer) (SW 515.8) (Formerly B 4817-Hurd)
P-B-325 Risk to Morals or Safety (SW 450.154) (Formerly B 984- Newman)
P-B-326 Former Employer or Employment (SW 510.2) (Formerly B 4764-Hutchinson)
P-B-327 Overruled by P-B-327A
P-D-328 Recovery of Overpayments, Lien Procedure (Formerly D-75-263-Ferguson)
P-T-329 Statutory (EMP 90.65755) (T-74-22-Mission Furniture)
P-T-330 Statutory (EMP 90.65755) (T-74-40-Hill and Deitrick)
P-T-331 Statutory (EMP 90.65755) (T-74-55-Light House and Modern Era Lamps)
P-B-332 General (DL 30.05) (76-5281- Bruce)
P-B-333 Military Service (TPU 150.60) (76-7629-Costyk)
P-B-334 Home or Spouse in Another Locality (VL 155.2) (76— 10034-Drewa)
P-T-335 Religious Purposes (EMP 140.567); Overruled by P-T-335A (T-75-26-Mount Hermon Association, Inc.)
P-T-336 Religious Purposes (EMP 140.567) (T-75-17-California Christian College)
P-T-337 Religious Purposes (EMP 140.567); Overruled by P-T-337A (T-73-94-The Young Life Campaign)
P-R-338 Failure of Agent to Act (MIS 300.1035) (Formerly R 141 Hotbrau, Inc.)
P-R-339 Act of Agent Imputed to Principal (MIS 300.1) (Formerly R 142-Berkeley Farms)
P-R-340 Entitlement to, Where No Request (P 50.8332) (Formerly R 145-Atlantic Oil Co.)
P-R-341 Oral Statement (MIS 505.65); Overruled by P-T-411 (Formerly R 174-Lafayette Hotel)
P-R-342 Time When Filed (MIS 505.8); Overruled by P-T-407 (Formerly R 147-Victory Bowling Center, Inc.)
P-R-343 Neglect of Employer to Investigate (MIS 505.52) (Formerly R 149-Sheraton Villa Motor Inn)
P-B-344 Penalties, Prosecution for Misdemeanor Bar to Administrative (MIS 5.6) (Formerly B 6787-Racine)
P-M-345 Time Limitations on Assessment and Collection (OP 35.75) (Formerly M 437- Owens)
P-T-346 Employment (90.01) (Formerly T 2327-Jay Herbert of California)
P-B-347 Overpayment (210.25) (Formerly B 6412-Di Maggio)
P-B-348 Procedure (100.8605) (76— 9863-Foronda)
P-B-349 Procedure (50.4515) (Formerly B 6767-Sanville)
P-B-350 Procedure (100.1033) (Formerly B 6485-Shephard)
P-B-351 Procedure (50.2094) (Formerly B 6794-Egan)
P-B-352 Miscellaneous (50.1585) (Formerly B 4672-Cohen)
P-B-353 Voluntary Leaving (135.8) (Formerly B 5433-Jackson)
P-B-354 Procedure (100.8763) (Formerly B 6792-Sly)
P-B-355 Total and Partial Unemployment (150.358) (Formerly B 6765-Zuanich)
P-B-356 Total and Partial Unemployment (150.05) (Formerly B 6482-Vieroth)
P-B-357 Total and Partial Unemployment (490.182) (Formerly B 6379-Beck)
P-T-358 Employer (30.7585) (T-76-6 and Others-Nation Flight Service, Inc. and Others)
P-B-359 Procedure (50.2007) (Formerly B 6754-Gallagher)
P-B-360 Procedure (50.205) (Formerly B 5698- Marquette)
P-B-361 Overpayment (200.05) (77— 2723-Colvard)
P-B-362 Misconduct (485.61) (77-613- Thaw)
P-R-363 Ruling (35.63) (R-77-26-Don's Jeweler (Adler))
P-T-364 Procedure (100.2105) (T-77—13-McGraw Hill Inc.)
P-B-365 Procedure (100.7775) (77— 4186-Basko)
P-B-366 Voluntary Leaving (210.05) (77-3852-Borland)
P-B-367 Procedure (100.1085) (77-4001-Bridges)
P-B-368 Overpayment (180.4) (77-1037-Beckley)
P-B-369 Overpayment (210.05) (77-2665-Burge)
P-R-370 Procedure (50.551) (Formerly R 23-Masonite Corporation)
P-R-371 Procedure (50.8375) (Formerly R 99-Sears Roebuck & Company)
P-R-372 Ruling (460.36) (Formerly R 106-Sears Roebuck & Company)
P-B-373 Voluntary Leaving (5.55) (77-5385-Johnson)
P-B-374 Procedure (50.6577) (Formerly B 6599-Gray)
P-R-375 Procedure (50.6577) (Formerly B 6643-Welbaugh, et al.)
P-R-376 Procedure (190.657) (R-77-150-Reliable Window Cleaners)
P-B-377 Overpayment (180.353) (77—7749-McGuyer)
P-B-378 Procedure (190.9012) (Formerly B 4142-Berg)
P-B-379 Misconduct (300.1); Overruled by P-B-418 (77-6122-Perez)
P-R-380 Rulings (400.25) (Formerly R 32-Montgomery Ward and Co.)
P-D-381 Disability (100.6) (Formerly D 658-Rice)
P-B-382 Voluntary Leaving (135.9) (77-7583-Dabah)
P-D-383 Disability (100.45) (Formerly D29)
P-D-384 Disability (125.32) (Formerly D 523)
P-D-385 Disability (125.31) (Formerly D 567-Terminal Drilling Company)
P-D-386 Disability (125.72) (Formerly D 584-Sears, Roebuck & Company)
P-D-387 Disability (125.31) (Formerly D 621)
P-D-388 Disability (100.204) (Formerly D 61)
P-D-389 Disability (220.55) (Formerly D 268)
P-D-390 Disability (185.55) (Formerly D 315-California Western States Life Insurance)
P-D-391 Eligibility (340.6) (Formerly D-642)
P-B-392 Overpayment 180.353 (77— 7699-Larsen)
P-B-393 Procedure (100.127) (77— 8575-Wiemer)
P-D-394 Procedure (50.2047) (D-78— 26-Howard)
P-T-395 Employment (93) (T-77-159- Wickland Oil Company)
P-B-396 Overpayment (180.4) (78—886-Lowe)
P-D-397 Disputed Coverage (250.8055); Overruled by PD-416 (D-77-229-Lippman)
P-B-398 Procedure (50.2049) (77—8980-Davalos)
P-B-399 Trade Dispute (400.35) (78— 1693-Venegas)
P-B-400 Misconduct (320.65) (78—3829-Gant)
P-B-401 Trade Dispute (440.65) (78—5111-Robertson)
P-D-402 Eligibility (550.3) (D-78-209-Leonard)
P-T-403 Employment (93) (Formerly T 2320)
P-T-404 Employment (90.6501) (Formerly T 2352)
P-T-405 Employment (92) (Formerly T 2356)
P-T-406 Employment (90.6575) (T-75-39/T-75-40-Charted Services of California)
P-T-407 Misstatement (505.15) (TFS- 78-163-Ditto of California, Inc.)
P-B-408 Procedure (5.65) (78-3319- Robertson)
P-B-409 Miscellaneous (75.25) (78— 6002-Franchi)
P-B-410 Total and Partial Unemployment (480.301) (79-2461-Rodriquez); Overruled by P-B-410A
P-T-411 Employer Protest Not Too Late to Draw Penalty
P-B-412 School Employee
P-B-413 Section 1253.3
P-B-414 Reopening
P-B-415 Former Inmates Program
P-D-416 Termination of Employment Relationship
P-B-417 School Employee
P-B-418 Act of Agent Imputed to Principal
P-B-419 School Employee; Overruled by P-B-419A
P-B-420 Late Appeal
P-B-421 "Bifurcation" of Issues (Sections 1256 & 1032)
P-B-422 Rerun, Reuse, and Residual Payments
P-B-423 Distinction Between Discharge and Voluntary Leaving
P-B-424 Claimant Entitlement Where Employer Is Not Most Recent Employer
P-T-425 Answer to Petition for Reassessment
P-D-426 Lay Evidence
P-B-427 Failure of Claimant to Request or Accept Transfer
P-B-428 Overruled
P-B-429 Rerun, Reuse, and Residual Payments
P-B-430 Vacation or Holiday Pay
P-B-431 Reasonable Assurance
P-R-432 Adequacy of Information Submitted by Employer
P-B-433 Termination of Period of Disqualification
P-D-434 Beginning Date of Disability
P-D-435 Workers' Compensation
P-B-436 Penalty
P-T-437 Tax-Prior Benefit Decision
P-B-438 Where Equity and Good Conscience Require Notice
P-B-439 Payment of Benefits Does Not Trigger Time Limits for Redetermination
P-B-440 School Employee
P-B-441 Entitlement to, Where Claimant Disqualified Under Section 1256.5
P-B-442 Fraud, Misrepresentation, and Wilful Nondisclosure
P-B-443 Misconduct Due to Incarceration
P-B-444 Pension Offset
P-B-445 Issues, Failure to Notify Parties of [Overruled]
P-T-446 Personal Liability of Corporate Officer
P-T-447 Government Liability for Unemployment and Disability Insurance Taxes
P-B-448 Tardiness in Reporting to File
P-T-449 Charging of Interest Under Section 1113 Mandatory
P-T-450 Physicians, Dentists, and Other Medical Professionals
P-B-451 Total and Partial Unemployment (480.6586) (Vacation During Trade Dispute)
P-B-452 Miscellaneous-School Employee (150.4-Reeder)
P-B-453 Nonappearance of Appellant (Grib)
P-B-454 Where Reasonable Suspicion Exists, a Claimant May Be Compelled to Submit to aDrug or Alcohol Test
P-D-455 Disputed Coverage- Termination of Employment Relationship
P-B-456 Voluntary Leaving (Ehteshami) (210.05)
P-B-457 Voluntary Leaving (220.35)
P-B-458 Voluntary Leaving- Reasonable Mutual Mistake About Separation From Work (135.5)
P-B-459 Able and Available-Effect of Unavailability for Portion of Day or Week
P-B-460 Aliens-Lawfully Present Under Immigration Reform and Control Act (IRCA)
P-B-461 School Employee
P-B-462 Able and Available-Health or Physical Condition Illness or Injury
P-D-463 Non associated Disabilities With a Continuous Period of Disability
P-B-464 Aliens Legally in U.S.-Availability of Aliens for Work
P-B-465 "Alcoholics Anonymous" May Render Treatment Under Section 1256.5
P-B-466 Statute of Limitations to Apply for Training Extension Week Period of Actually Receiving Benefits
P-B-467 When a Claimant Has Been Reinstated With an Agreement He or She Will Submit to Random Drug Test and Understands a Positive Test Will Result in Discharge, Reasonable Suspicion to Conduct the Test is Not Required to Establish a Misconduct Dischar
P-R-468 Employer Entitled to a Favorable Ruling Where the Department Fails to Respond to a Section 1095 Request for Claim Information
P-D-469 Disputed Coverage- Termination of Employment Relationship
P-B-470 Refusal to Take a Regularly Scheduled Annual Physical, Which Includes Drug Screening, Constitutes Misconduct If the Employee Works in a Dangerous Environment
P-B-471 Employee Discharged Because Employer's Liability Carrier Refused to Insure Employee Because of Driving Record Held Not Misconduct Under Constructive Discharge Doctrine
P-B-472 When an Employee Is Discharged, Prior to His or Her Scheduled Voluntary Resignation Date, There Is Only One Separation Issue and the Employer Becomes the Moving Party
P-T-473 Entity That Operated a Housekeeping Service Was Employer of Housekeepers it sent to Perform Services for Homeowners
P-B-474 Acts of Agent in Falsely Filling Out Continued Claim Forms Imputed to the Claimant
P-B-475 Sexual Harassment-Good Cause To Quit-Section 1256.7
P-B-476 Interest Is Not Payable by the Department on Unemployment Insurance Benefits
P-B-477 Wages, Termination Pay, WARN Act Pay-Sections 1252 and 1265
P-B-478 Child Support Intercept—Section 1255.7
P-B-479 Quit to Accept Early Retirement with Six-Month Bonus Not Good Cause Under Section 1256 When Continued Work Available
P-B-480 Los Angeles Unified School District Employees Failed to Meet Requirements of Section 1279.5 (work share benefits) When Furloughed Under a Plan to Reduce School District Budget Deficit
P-B-481 Procedural Safeguards for Employers When EDD Fails to Give Employers Notice of Claims-Finality of an ALJ's Decision
P-B-482 Training Extension Benefits- Duty of EDD to Inform Claimants of Program
P-B-483 Adjudication of Irresistible Compulsion to Use or Consume Intoxicants Under Section 1256.5 Must Be Decided Concurrently with Section 1256 Issue, and ALJ's Do Not Have Initial Jurisdiction Over 1256.5 Issue
P-B-484 Where a Claimant Is Not Willing to Accept Any Suitable Work, EDD Does Not Have to Present Evidence on Whether There Remains a Substantial Field of Employment to Which the Claimant Is Attached
P-B-485 False Oral Representation Made in Job Application Process Constitutes Misconduct
P-B-486 The Dismissal of a Claimant's Appeal Based Upon Issuance of a Summary Judgment Obtained by EDD Without a Hearing Denies the Claimant Due Process Where the Claimant Never Received Notice of an Overpayment
P-D-487 An Action for Relief on the Ground of Fraud or Mistake Must Be Brought Within 3 Years of Discovery By the Aggrieved Party
P-T-488 A Base Period Employer Is Entitled to Timely Notice of the Maximum Amount of Potential Benefits Payable to a Claimant, Including Training Extension Benefits
P-T-489 No Statutory Time Limit for EDD's making an Assessment Where the Taxpayer is found to Have Engaged in Fraud or the Intent to Evade Its Responsibilities Under the Code
P-B-490 Burden of Proof under Unemployment Insurance Code Section 1257(b). Once the Employer proves that the Claimant was Offered, and Refused, a Suitable Job, the Burden of Proof of Whether or Not There Was Good Cause to Refuse the Offer Shifts to the Cl
P-B-491 Good Cause for Delay in Filing Claim Under 1253(a) where employer failed to inform the employee of potential right to unemployment insurance benefits where the employee was discharged, laid off or placed on employer-mandated leave of absence
P-B-492 Good Cause for Leaving Work Because of Transportation Costs
P-T-493 The Standard of Proof Required in Cases of Tax Fraud
P-B-494 Whether a Judge Can Hold a Hearing On An Issue Not Set Forth In a Department's Notice of Determination. Subject Matter Jurisdiction and Notice Jurisdiction
P-T-495 Independent Contractor. (Borello, The Landmark Workers' Compensation Case, is Applicable in Unemployment Insurance Cases)
P-B-496 Necessity for Judge to Have "Subject Matter Jurisdiction" as well as "Notice Jurisdiction" Over Any Issue Involving a Claimant's Employment Status
P-B-497 Other Persons Now Accorded Same Rights as Married Couples and Domestic Partners Under Section 1256 When Moving to a Distant Location to Accompany Another Person
P-B-498 Good Cause for Failing to Appear at a Hearing
P-B-499 Employer's Failure to Respond to an Initial Claim Will Result in a Denial of a Ruling; Claimant's Interpretation of Separation Dispute Must Be Reasonable
P-B-500 Appropriate Policy for Procedural Adjudication of Cases Involving Sections 1256 and 1256.4; Misconduct Not Established Unless Claimant Impaired at Work Because of Marijuana Exposure
P-B-501 Consequence of Failure to Give Proper Notice of Reasonable Assurance Under Section 1253.3(i)
P-T-502 Franchisees Held Not to Be Independent Contractors but Employees
P-B-503 Refusal to Take a Drug Test
P-B-504 Reasonable Assurance of Employment in a School District
P-B-505 Reasonable Assurance—Substitute Teachers
P-B-506 Situations in which Department Has No Authority to Issue a Determination and Ruling to an Employer or to Reconsider a Claimant's Eligibility for benefits

P-B-256 Claimant Did Not Request Leave of Absence (Formerly B 5780-Rossi)

Category: 2. California Unemployment, Disability and Paid Family Leave Insurance Programs
Last Updated on 15 July 2015
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Claimant quit because her children and her mother needed care. Did not request leave of absence. Employer did not offer leave, although claimant's situation was fully discussed before resignation. Claimant was aware that leave was available but did not know that leave in excess of 30 days was permissible.

 

HELD: Voluntary quit with good cause. Employer knew claimant's situation and concurred with her that termination was indicated without offering leave. Mutual agreement. 

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P-B-256 Claimant Did Not Request Leave of Absence (Formerly B 5780-Rossi)