CHAPTER 5. Unemployment Compensation Benefits [1251. - 1384.]

Chapter 5 enacted by Stats. 1953, Ch. 308.

§§ 1251–1384 · 114 sections

1. ARTICLE 1. Eligibility and Disqualifications §§ 1251–1265.9 · 45 sections

   • § 1251 Unemployment compensation benefits are payable from the Unemployment Fund to unemployed individuals who are eligible under this part.
   • § 1252 (a) An individual is “unemployed” in any week in which he or she meets any of the following conditions: (1) Any week during which he or she performs no…
   • § 1252.1 With respect to individuals hired as commercial fishermen a “totally unemployed individual” means an individual who, during a particular week, while still…
   • § 1252.2 With respect to individuals hired as commercial fishermen a “partially unemployed individual” means an individual who, during a particular week meets all of…
   • § 1253 An unemployed individual is eligible to receive unemployment compensation benefits with respect to any week only if the director finds that: (a) A claim for…
   • § 1253.1 An unemployed individual who is in all respects otherwise eligible for unemployment compensation benefits shall not be deemed ineligible for any week in which,…
   • § 1253.12 An unemployed individual who is in all respects otherwise eligible for unemployment compensation benefits, shall not be deemed ineligible for any week in…
   • § 1253.15 An unemployed individual who has been discharged from any branch of the United States armed services and who is in all respects otherwise eligible for…
   • § 1253.2 An unemployed individual who is in all respects otherwise eligible for unemployment compensation benefits shall not be deemed ineligible for any week in which…
   • § 1253.3 (a) Notwithstanding any other provision of this division, unemployment compensation benefits, extended duration benefits, and federal-state extended benefits…
   • § 1253.4 Unemployment compensation benefits, extended duration benefits, and federal-state extended benefits shall not be payable to any individual on the basis of any…
   • § 1253.5 Notwithstanding the provisions of subdivision (c) of Section 1253, if an individual is, in all other respects, eligible for benefits under this part, and such…
   • § 1253.6 For purposes of subdivision (c) of Section 1253, an unemployed individual who is in all respects otherwise eligible for unemployment compensation benefits,…
   • § 1253.7 For the purposes of subdivision (e) of Section 1253, an individual shall not be disqualified for any week solely because of either of the following: (a) The…
   • § 1253.8 An unemployed individual shall not be disqualified for eligibility for unemployment compensation benefits solely on the basis that he or she is only available…
   • § 1253.9 An unemployed individual may not be disqualified for unemployment compensation benefits solely on the basis that he or she is a student. An unemployed…
   • § 1253.92 (a) An unemployed individual who meets all of the requirements under this division, including Section 1253.9, and certifies for continued unemployment…
   • § 1254 No week shall be counted as a week of unemployment under subdivision (d) of Section 1253: (a) Unless it occurs within the benefit year which includes the week…
   • § 1255 An individual is not eligible for unemployment compensation benefits on account of unemployment for any week or part of any week with respect to which he has…
   • § 1255.3 (a) Except as provided by subdivisions (c) and (d), the amount of unemployment compensation benefits, extended duration benefits, and federal-state extended…
   • § 1255.5 (a) An individual is not eligible for unemployment compensation benefits or extended duration benefits for the same day or days of unemployment for which he is…
   • § 1255.7 (a) The Department of Child Support Services shall notify the director whether an individual filing a claim for unemployment compensation after October 1,…
   • § 1256 An individual is disqualified for unemployment compensation benefits if the director finds that he or she left his or her most recent work voluntarily without…
   • § 1256.1 (a) If the employment of an individual is terminated due to his absence from work for a period in excess of 24 hours because of his incarceration and he is…
   • § 1256.2 (a) Except as otherwise provided in subdivision (b), an individual who terminates his or her employment shall not be deemed to have left his or her most recent…
   • § 1256.3 For the purposes of Sections 1256, 1256.1, 1256.2, 1256.4, and 1256.5, “most recent work” is that work in which a claimant last performed compensated services:…
   • § 1256.4 (a) An individual is disqualified for unemployment compensation benefits if either of the following occur: (1) The director finds that he or she was discharged…
   • § 1256.5 (a) An individual shall be deemed to have left his or her most recent work with good cause if the director finds that he or she leaves employment because of…
   • § 1257 An individual is also disqualified for unemployment compensation benefits if: (a) He or she willfully, for the purpose of obtaining unemployment compensation…
   • § 1258 “Suitable employment” means work in the individual’s usual occupation or for which he is reasonably fitted, regardless of whether or not it is subject to this…
   • § 1258.5 “Suitable employment” does not include employment with an employer who does not: (a) Possess an appropriate state license to engage in his business, trade, or…
   • § 1259 Notwithstanding any other provisions of this division, no work or employment shall be deemed suitable and benefits shall not be denied to any otherwise…
   • § 1260 (a) An individual disqualified under Section 1256, under a determination transmitted to the individual by the department, is ineligible to receive unemployment…
   • § 1260.1 Notwithstanding any other provision of this division, benefits shall not be denied to any individual by reason of cancellation of wage credits or total…
   • § 1261 When successive disqualifications under Section 1257 occur, the director may extend the period of ineligibility provided for in Section 1260 for an additional…
   • § 1262 An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, if the individual left his or her…
   • § 1262.5 Whenever the department learns that a trade dispute is in progress, the department shall promptly conduct an investigation and make investigation findings as…
   • § 1263 (a) Any individual convicted under Section 2101 by any court of competent jurisdiction of willfully making a false statement or knowingly failing to disclose a…
   • § 1264 (a) (1) Unemployment compensation benefits, extended duration benefits, and federal-state extended benefits shall not be payable on the basis of services…
   • § 1265 Notwithstanding any other provisions of this division, payments to an individual under a plan or system established by an employer which makes provisions for…
   • § 1265.1 (a) Notwithstanding any other provision of this division, payments to an individual by an employer who has failed to provide the advance notice of facility…
   • § 1265.5 Notwithstanding any other provision of this division, payments to an individual for vacation pay which was earned but not paid for services performed prior to…
   • § 1265.6 Notwithstanding any other provision of this division, payments to an individual for holiday pay for any holiday occurring in a week during which the individual…
   • § 1265.7 Notwithstanding any other provision of this division, payments to an individual for sick pay which was earned but not paid for services performed prior to…
   • § 1265.9 Notwithstanding any other provision of this division, payments for severance pay or terminal pay to an individual who is terminated from his or her employment…
2. ARTICLE 1.5. California Training Benefits Program §§ 1266–1274.20 · 14 sections

   • § 1266 This article shall be known, and may be cited, as the California Training Benefits Program.
   • § 1266.1 Experience has shown that the ability of a large number of the population of California to compete for jobs in the labor market is impaired by advancement in…
   • § 1267 Notwithstanding any other provision of this division, with respect to an unemployed individual otherwise eligible for benefits, those benefits shall not be…
   • § 1268 An unemployed individual who files a claim for unemployment compensation benefits or extended duration benefits, or an application for federal-state extended…
   • § 1269 A determination of automatic eligibility for benefits under this article shall be issued to an unemployed individual if the director finds that any of the…
   • § 1269.1 If the training is not authorized under Section 1269, a determination of potential eligibility for benefits under this article shall be issued to an unemployed…
   • § 1270 As used in this article: (a) “Demand occupation” means an occupation in a labor market area in which the director determines work opportunities are available…
   • § 1271 (a) Any unemployed individual receiving unemployment compensation benefits payable under this division, who applies for a determination of potential…
   • § 1271.5 (a) The department shall inform all individuals who claim unemployment compensation benefits in this state of the benefits potentially available under this…
   • § 1272 Notwithstanding subdivision (c) of Section 1253, an unemployed individual who is able to work is eligible to receive benefits under this article with respect…
   • § 1272.5 If an individual fails to submit for any week during a period of training or retraining the certification required by Section 1272, he or she shall be…
   • § 1274 The director may publish a list of high demand occupations in each labor market area of this state. If a demand occupation is limited to a particular industry,…
   • § 1274.5 Not later than September 1, 2016, the department shall prepare and submit to the Governor and the Legislature a report evaluating the effectiveness of the…
   • § 1274.20 The amendments to this article proposed by Assembly Bill 2058 of the 2009–10 Regular Session shall be effective commencing January 1, 2011, unless the…
3. ARTICLE 2. Computation (Amount and Duration) §§ 1275–1282 · 13 sections

   • § 1275 (a) Unemployment compensation benefit award computations shall be based on wages paid in the base period. “Base period” means: for benefit years beginning in…
   • § 1276 “Benefit year”, with respect to any individual, means the 52-week period beginning with the first day of the week with respect to which the individual first…
   • § 1277 Notwithstanding Section 1281, if the base period of a new claim includes wages which were paid prior to the effective date of, and not used in the computation…
   • § 1277.1 (a) Notwithstanding Section 1277, if an individual has a subsequent new claim and the previous valid claim was filed under subdivision (b) of Section 1275, the…
   • § 1277.5 In determining, under Sections 1277 and 1277.1, whether a new claim is valid, twice the amount that an individual was entitled to receive under Part 2…
   • § 1278 For the purposes of this chapter, wages shall be counted as “wages for employment for employers” for benefit purposes with respect to any benefit year only if…
   • § 1279 (a) Each individual eligible under this chapter who is unemployed in any week shall be paid with respect to that week an unemployment compensation benefit in…
   • § 1279.5 (a) Notwithstanding Section 1252 or 1252.2 or any other provision of this part, for the purposes of this section an individual is “unemployed” in any week if… see note
   • § 1279.6 The department may collaborate with the Governor’s Office of Business and Economic Development and the California Infrastructure and Economic Development Bank…
   • § 1279.7 (a) Notwithstanding subdivision (c) of Section 1279.5, the director shall accept a work sharing plan application submitted electronically by an employer…
   • § 1280 (a) For any new claims filed with an effective date on or after January 1, 1992, and prior to September 11, 2001, an individual’s weekly benefit amount is the…
   • § 1281 (a) An individual cannot establish a valid claim or a benefit year during which any benefits are payable unless during his or her base period, for new claims…
   • § 1282 If the remuneration of an individual is not based upon a fixed period or duration of time or if the individual’s wages are paid at irregular intervals or in…
4. ARTICLE 2.2. Self-Employment Assistance Program § 1300 · 1 section

   • § 1300 The Legislature finds that the traditional system of unemployment compensation is primarily designed to provide income support for workers who are temporarily…
5. ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims §§ 1326–1345 · 25 sections

   • § 1326 Claims for unemployment compensation benefits shall be made in accordance with authorized regulations of the director. Except as otherwise provided in this…
   • § 1326.5 An individual shall, to maintain his or her eligibility to file continued claims during a continuous period of unemployment, submit a continued claim not more…
   • § 1326.8 The department shall request any personal identification information required from the claimant under this part in accordance with the most recent federal…
   • § 1327 The department shall give a notice of the filing of a new or additional claim to the employing unit by which the claimant was last employed immediately…
   • § 1328 (a) The department shall consider the facts submitted by an employer pursuant to Section 1327 and make a determination as to the claimant’s eligibility for…
   • § 1329 (a) Upon the filing of a new claim for benefits, the department shall promptly make a computation on the claim that shall set forth the maximum amount of…
   • § 1329.1 A claim for unemployment compensation benefits may be canceled if all of the following apply: (a) The individual has not been deemed ineligible for…
   • § 1329.5 For purposes of a claim for unemployment benefits under subdivision (b) of Section 1275, all of the following apply: (a) Computation using the last four…
   • § 1330 (a) The claimant and any base period employer to whom a notice of computation or recomputation is given may, within 30 days after the service of the notice,…
   • § 1331 Any base period employer shall, within 15 days after mailing of a notice of computation, submit to the department any facts then known which he or she was not…
   • § 1332 (a) The department shall promptly serve notice of any determination of eligibility for benefits under this part or Part 3 (commencing with Section 3501) or…
   • § 1332.5 Notwithstanding any other provision of this division any provision that prescribes time limits within which the department may reconsider any determination,…
   • § 1333 Notices, protests, and information required under this article shall be submitted in accordance with authorized regulations.
   • § 1334 (a) An administrative law judge after affording a reasonable opportunity for fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or…
   • § 1335 If an appeal is filed, benefits with respect to the period prior to the final decision on the appeal shall be paid only after the decision, except that: (a) If…
   • § 1336 The director or any party to a decision by an administrative law judge may appeal to the appeals board from the decision. The appeals board may order the…
   • § 1337 The decision of the appeals board on an appeal from the decision of an administrative law judge must be rendered within 60 days after the submission of the…
   • § 1338 If the appeals board issues a decision allowing benefits the benefits shall be paid regardless of any further action taken by the director, the appeals board,…
   • § 1339 (a) (1) The department shall pay unemployment compensation benefits through public employment offices or such other agency as may be prescribed by authorized…
   • § 1339.1 (a) (1) Notwithstanding this part, if unemployment compensation benefit payments are directly deposited to an account of the recipient’s choice, as authorized…
   • § 1340 Minors who are eligible for benefits may be paid and receive benefits in their own right, and a receipt signed by a minor shall be valid and binding.
   • § 1341 Benefits due a deceased or legally declared incompetent person may be paid to such person or persons as appears to the Director of Employment Development to be…
   • § 1342 Any waiver by any person of any benefit or right under this code is invalid, except as provided by Sections 1255.7, 1342.1, 1345, and 2630. Benefits under this…
   • § 1342.1 (a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised that: (1) Unemployment compensation and…
   • § 1345 (a) An individual covered by a voluntary plan approved under Section 3254 may, at the time he or she applies for voluntary plan benefits or at any time while…
6. ARTICLE 4. Overpayments §§ 1375–1384 · 16 sections

   • § 1375 Any person who is overpaid any amount of benefits under this part is liable for the amount overpaid unless any of the following is applicable: (a) (1) The…
   • § 1375.1 If the director finds that an individual has been overpaid unemployment compensation benefits because he or she willfully, for the purpose of obtaining…
   • § 1375.3 No determination of overpayment shall be based upon the disallowance by the Workmen’s Compensation Appeals Board of a claim of lien filed under subdivision (g)…
   • § 1375.5 Any claim of lien filed with the Workmen’s Compensation Appeals Board under the provisions of Section 4903 of the Labor Code shall be fully discharged and…
   • § 1375.7 The director shall find that an individual has been overpaid unemployment benefits where the individual was an elected official and the individual’s…
   • § 1376 The Director of Employment Development shall determine the amount of the overpayment and any assessment authorized under Section 1375.1 and shall notify the…
   • § 1377 (a) Within 30 days from the date of mailing or serving of the notice of overpayment, the person affected may file an appeal to an administrative law judge. The…
   • § 1378 The Appeals Board shall review an appeal from an overpayment determination as provided in Sections 1336 and 1337 and determine what amount, if any, shall be…
   • § 1379 The director, subject to this article, may do any or all of the following in the recovery of overpayments of unemployment compensation benefits: (a) File a…
   • § 1379.5 An abstract of judgment obtained pursuant to subdivision (a) or (b) of Section 1379, or a copy thereof, may be recorded with the county recorder of any county.…
   • § 1379.6 (a) If an abstract has been recorded as provided in Section 1379.5, and the lien, including any interest, costs, and penalty, has been satisfied in full, the…
   • § 1380 No person shall be liable for the amount of benefits received where the benefits were paid pursuant to an administrative law judge’s decision which affirmed an…
   • § 1381 The director shall enforce collection of any judgment obtained by the director under subdivision (a) or (b) of Section 1379. Amounts collected under this…
   • § 1382 No person shall be liable for the amount of benefits received for any period for which the person also received an award or settlement of backpay resulting…
   • § 1383 Notwithstanding any other provision of law to the contrary, the Franchise Tax Board shall aid the department in the recovery of overpayments of unemployment…
   • § 1384 Amounts collected by the Controller for benefit overpayment accounts, pursuant to Section 12419.2 of the Government Code, shall be deposited in the fund from…