DOCKET NO. 09-0130-1903

DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: The intended changes to IDPA 09.01.30 will:

1. Clarify unemployment insurance benefit eligibility for individuals with disabilities as determined by Idaho law;
2. Identify unemployment insurance claimants as responsible for providing competent evidence they are qualified individuals with disabilities under the Americans with Disabilities Act; and
3. Remove language concerning long-term disability inconsistent with the definition of disability under the Americans with Disabilities Act

Green and underlined denotes additions (Example: added.), red and strike through denotes deletions. (Example: deleted.)

Able to work

100.02. Able to Work Part-Time. A person who is able to work only part of the workday or part of the workweek is not considered “able to work” for the purposes of Section 72-1366(4), Idaho Code. This rule does not apply to claimants who establish eligibility under the Americans with Disabilities Act.Rule 150 Claimants with Disabilities. (3-19-99)

Americans with Disabilities Act

150. AMERICANS WITH DISABILITIES ACT (ADA).CLAIMANTS WITH DISABILITIES

An A claimant who is a qualified individual with a medically verifiable long term or permanent physical or mental disability under the Americans with Disabilities Act (2008) (as defined at 29 C.F.R. Sec 1630.2(g)) and whose disability that prevents the individualclaimant from working full time or during particular shifts is not deemed unable to work or unavailable for work for so long as he the claimant is able to perform some work and remains available for work to the full extent of his ability. Claimants meeting the above criteria must be exempt from complying with eligibility requirements found elsewhere in these Rules which would be in conflict with the intent of this provision. (3-19-99)

1. Availability Requirement. For purposes of this rule, a A qualified claimant with a disability who is able to work with or without a reasonable accommodation will be considered as having complied with the requirement of being available for work provided the claimant if he is willing to work the maximum number of hours that claimant he has established through medically verifiable evidence that he is able to work.
2. Full-Time Employment. An individual claiming benefits under this provision will be considered fully employed and ineligible to receive benefits in any week that the individual works the maximum number of hours that he is able to work. Burden of Proof. Claimant has the burden of proving eligibility under this provision with competent evidence. (3-19-99)
3. Long Term. For purposes of this rule, “long term” is defined as twelve (12) months or longer.

   Additional Eligibility Requirements. Qualified claimants with disabilities must meet all other eligibility requirements, including the illness provision of Rule 100, not in conflict with this provision. (3-19-99)

Available to work

175.11. Full-Time/Part-Time Work. To be eligible for benefits, a claimant must be available for a full workweek and a full, normal workday unless the claimant establishes that a majority of the weeks worked in his base period were for less than full-time work or the claimant establishes eligibility under the Americans with Disabilities Act Rule 150 Claimants with Disabilities. An individual who restricts his availability to part-time work pursuant to Section 72-1366(4)(c), Idaho Code, will be considered fully employed and ineligible to receive benefits if the individual works hours comparable to his part-time work experience in his base period. (3-29-10)

---

IDAPA 09.01.30 Unemployment Insurance Benefits Administrative Rules

DOCKET NO. 09-0130-1902

DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: The intended changes to 09.01.30.175.20 will:

1. Define the circumstances under which an unemployment insurance claimant can leave the local labor market area to attend training or school; and
2. Specify unemployment insurance claimants cannot leave the country while collecting benefits.

Green and underline denotes additions (Example: added.), red and strikethrough denotes deletions from current rule (Example: deleted.), blue and strikethrough denotes deletions from proposed rule (Example: proposed but deleted.), purple, underlined and overlined denotes current pending rule. (Example: pending.)

20. Temporary Absence from Local Labor Market to Seek Work. All claimants, regardless of their attachment to an industry or employer, must meet the same standard of remaining within their local labor market area during the workweek in order to be considered available for work, unless the primary purpose of a temporary absence is to seek work in another labor market; provided, however,. Cclaimants otherwise eligible to receive benefits while participating in an approved training program or course are not deemed ineligible when the training or course occurs outside of their local labor market due to the unavailability of similar programs or courses within their local labor market. (6-30-19)T

a. Claimants will remain within the state, territory, or country included in the interstate unemployment insurance benefit payment plan to remain eligible for benefits.

a. Otherwise eligible claimants, will continue to be eligible for benefits if they remain within the states, territories or countries included in the USDOL Interstate Benefit Payment Plan.

---

If you have any questions about these pending rules, please contact Josh McKenna.

Joshua McKenna
Benefits Bureau Chief
Department of Labor
219 West Main St.
Boise, ID 83735
Phone: (208) 332-3577 ext. 3919
Email: Joshua.McKenna@labor.idaho.gov