Section 1256-2 - Voluntary Leaving -Most Recent Work(a) Scope. This section interprets what is and is not "work" as used in Section 1256 of the code relating to disqualification for unemployment compensation benefits for leaving "most recent work" voluntarily without good cause, and how the date of filing a claim in person or by mailing a continued claim or other claim affects what is the "most recent work," defined by Section 1256.3 of the code as that work in which a claimant last performed compensated services: (1) Prior to and nearest the date of filing a valid new, reopened, or additional claim for unemployment compensation benefits, a valid primary, reopened, or additional claim for extended duration benefits, or a valid application, or reopened or additional claim for federal-state extended benefits.(2) During the calendar week for which a continued claim is filed.(b) Work--Inclusions. For the purposes of Section 1256 of the code, "work" means service, including full-time, casual, part-time, permanent, or temporary service, performed for wages or remuneration, including call-in, show-up, or standby pay and in-kind compensation, including, but not limited to, service by: (1) An employee as defined in Section 621 of the code.(2) An employee under the usual common law or admiralty rules regardless of whether the services are in "employment" under the code.(3) A self-employed individual who has elected coverage under Section 708 of the code.(4) An individual in military service or federal civilian service.(5) An individual who is a participant in an on-the-job training, work experience, or public service employment program under the Job Training Partnership Act of 1982, as amended, or as a participant in public service employment under the Public Works Employment Act of 1976.(6) An individual in antipoverty programs based on wages for work such as the work study programs and the Neighborhood Youth Corps.(c) Work--Exclusions. For the purposes of Section 1256 of the code, "work" does not include: (1) Uncompensated service, such as service performed during unpaid training periods provided by employers to applicants for employment who are hired only after successful completion of the training.(2) Service performed as a self-employer or independent contractor, except as provided by subdivision (b) of this section.(3) Institutional training under the Job Training Partnership Act of 1982, as amended.(4) Service performed in training programs designed to prepare persons for future employment, such as the Job Corps.(5) Service performed in jury or witness duty.(d) Filing Claims. As used in this section, "filing" generally refers to the day a claimant mails a continued claim, or other claim, or reports in person to a department field or branch office in order to commence the process of claiming benefits, except where the claimant fails to report for a later scheduled completion appointment (see Sections 1326-1 through 1326-11 of these regulations for details of filing procedures). (1) Valid Claim. An unemployed individual files a new claim which is a "valid claim" if monetary eligibility for unemployment compensation benefits has been established on the basis of wages earned or paid in the applicable base period to meet the requirements of Section 1281 of the code (see Section 1326-2 of these regulations). If the claim is invalid no benefits could be payable and there is no issue. Reemployment immediately after filing a valid new claim is not the most recent work since most recent work does not include employment which occurs subsequent to the filing date of the new claim. However, such reemployment would be the most recent work if a separation occurred during a week for which a continued claim was filed. If a claimant holds two or more jobs simultaneously, the most recent work is with the employer for whom the claimant performed any compensated services prior to and nearest to the actual filing date of the claim. Any issue as to separation from most recent work that potentially falls within the definitions of Section 1256 of the code must be resolved before benefits are paid. The same rules apply to a valid primary claim under Section 3652 of the code, or a valid application under Section 4652 of the code, or reopened or additional claims. EXAMPLE 1. On Friday the claimant quit work for Employer A. On the following Monday the claimant worked for Employer B and was discharged on that day. On the following Tuesday he filed a claim for unemployment benefits.
Although the filing day is Tuesday, the effective date of the claim is the preceding Sunday (see Section 1253-2 of these regulations). The "most recent" work is for Employer B on Monday, the last work performed prior to the filing date, even though performed after the effective date and even though the work for Employer A was the last work prior to Sunday. Whether the claimant is eligible will depend upon his discharge by Employer B, not his leaving of work for Employer A.
EXAMPLE 2. The claimant quit work for Employer C on Thursday and filed a claim for unemployment benefits on the following Friday. The claimant worked for Employer D on the following Saturday The claim is effective on the preceding Sunday (see Section 1253-2 of these regulations). The most recent work is the work for Employer C prior to the filing date, not the work for Employer D on Saturday.
EXAMPLE 3. The claimant held two jobs simultaneously. Although the claimant was on leave of absence from Employer E, he worked part time for Employer F. The claimant was separated by Employer F, and thereafter by Employer E without performing further service for Employer E. The claimant filed a claim for unemployment benefits.
The most recent work is for Employer F, since the claimant neither performed services nor received wages from Employer E.
(2) Other Claims. An unemployed claimant may file one or more of several claims subsequent to the valid claim. These claims and the effect on "most recent work" are as follows: (A) Continued Claim. If a claimant can certify for benefits following a week or two of unemployment, a continued claim or partial claim is filed. (See Sections 1326-6 and 1326-8 of these regulations.)Here, the most recent work is the last employment the claimant had during the calendar week for which the continued claim is filed. Each week is separately considered. For example, an unemployed claimant may mail a continued claim on Monday, and if the claimant worked only in the first of the two weeks for which he or she is claiming benefits, then the last day of this employment in the first week is the most recent work for that week and remains the most recent work for the second week. EXAMPLE 4. The claimant mailed a continued claim on Sunday, April 12, for the two weeks ending Saturday, April 4, and Saturday, April 11. During the second week he earned $15 on Tuesday, April 7, for Employer G and is laid off for lack of work. He also earned $15 from Employer H on Thursday, April 9, and quit. He had no other work during that week.
The most recent work for the second week is for Employer H on Thursday, April 9, the last compensated day in the second week for which the continued claim is filed. It would still be the most recent work for that week, even if the claimant had worked Monday, April 13, and mailed a continued claim on Tuesday, April 14, for the week ending Saturday, April 11.
(B) Additional Claim. If a claimant has a break in the claims series because he or she has performed services in employment since the last claim, an additional claim is filed (see Section 1326-4 of these regulations). Most recent work is determined in the same manner as for a new claim.(C) Reopened Claim. If the conditions specified in Section 1326-5 of these regulations are satisfied, a reopened claim is filed. Most recent work is determined in the same manner as for a new claim.Cal. Code Regs. Tit. 22, §§ 1256-2
1. New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
2. Amendment filed 1-28-82; effective thirtieth day thereafter (Register 82, No. 5).
3. Change without regulatory effect amending subsections (b)(5), (c)(3), and (d)(1) Example 2, and repealing of subsections (b)(7) and (c)(6) filed 3-30-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 14). Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Sections 1256 and 1256.3, Unemployment Insurance Code.
1. New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
2. Amendment filed 1-28-82; effective thirtieth day thereafter (Register 82, No. 5).
3. Change without regulatory effect amending subsections (b)(5), (c)(3), and (d)(1) Example 2, and repealing of subsections (b)(7) and (c)(6) filed 3-30-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 14).