(a)An individual who is receiving benefits as
determined under IC 22-4-15-1(c)(8) may restrict the individual's
availability because of the individual's need to address the physical,
psychological, or legal effects of being a victim of domestic or family
violence (as defined in IC 31-9-2-42).
(b)An unemployed individual shall be eligible to receive benefits
with respect to any week only if the individual:
(1)is physically and mentally able to work;
(2)is available for work;
(3)is found by the department to be making an effort to secure
full-time work; and
(4)participates in reemployment services and reemployment and
eligibility assessment activities when directed by the department
as provided under sections 3.2 and 3.5 of this chapter, unless the
department determines that:
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(a) An individual who is receiving benefits as
determined under IC 22-4-15-1(c)(8) may restrict the individual's
availability because of the individual's need to address the physical,
psychological, or legal effects of being a victim of domestic or family
violence (as defined in IC 31-9-2-42).
(b) An unemployed individual shall be eligible to receive benefits
with respect to any week only if the individual:
(1) is physically and mentally able to work;
(2) is available for work;
(3) is found by the department to be making an effort to secure
full-time work; and
(4) participates in reemployment services and reemployment and
eligibility assessment activities when directed by the department
as provided under sections 3.2 and 3.5 of this chapter, unless the
department determines that:
(A) the individual has completed the reemployment services; or
(B) failure by the individual to participate in or complete the
reemployment services is excused by the director under IC 22-4-14-2(b).
(c) For the purpose of this article, unavailability for work of an
individual exists in, but is not limited to, any case in which, with
respect to any week, it is found:
(1) that such individual is engaged by any unit, agency, or
instrumentality of the United States, in charge of public works or
assistance through public employment, or any unit, agency, or
instrumentality of this state, or any political subdivision thereof,
in charge of any public works or assistance through public
employment;
(2) that such individual is in full-time active military service of
the United States, or is enrolled in civilian service as a
conscientious objector to military service;
(3) that such individual is suspended for misconduct in
connection with the individual's work; or
(4) that such individual is in attendance at a regularly established
public or private school during the customary hours of the
individual's occupation or is in any vacation period intervening
between regular school terms during which the individual is a
student. However, this subdivision does not apply to any
individual who is attending a regularly established school, has
been regularly employed and upon becoming unemployed makes
an effort to secure full-time work and is available for suitable
full-time work with the individual's last employer, or is available
for any other full-time employment deemed suitable.
(d) Notwithstanding any other provisions in this section or IC 22-4-15-2, no otherwise eligible individual shall be denied benefits for
any week because the individual is in training with the approval of the
department, nor shall such individual be denied benefits with respect
to any week in which the individual is in training with the approval of
the department by reason of the application of the provisions of this
section with respect to the availability for work or active search for
work or by reason of the application of the provisions of IC 22-4-15-2
relating to failure to apply for, or the refusal to accept, suitable work.
The department shall by rule prescribe the conditions under which
approval of such training will be granted.
(e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, an
otherwise eligible individual shall not be denied benefits for any week
or determined not able, available, and actively seeking work, because
the individual is responding to a summons for jury service. The
individual shall:
(1) obtain from the court proof of the individual's jury service;
and
(2) provide to the department, in the manner the department
prescribes by rule, proof of the individual's jury service.
(f) If an otherwise eligible individual is unable to work or
unavailable for work on any normal work day of the week, the
individual shall be eligible to receive benefits with respect to such
week reduced by one-third (1/3) of the individual's weekly benefit
amount for each day of such inability to work or unavailability for
work.
(g) An individual has made an effort to secure full-time work with
respect to any week in which the individual has:
(1) completed activities directed by the department under sections
3.2 and 3.5 of this chapter;
(2) completed any work search activities as directed by the
department under rules adopted by the department; and
(3) affirmed the individual has made an effort to secure full-time
work.
Formerly: Acts 1947, c.208, s.1403; Acts 1951, c.307, s.3; Acts
1955, c.317, s.8; Acts 1967, c.310, s.18; Acts 1971, P.L.355, SEC.30;
Acts 1975, P.L.253, SEC.1. As amended by Acts 1976, P.L.114,
SEC.4; Acts 1980, P.L.158, SEC.3; P.L.227-1983, SEC.7; P.L.18-1987,
SEC.42; P.L.21-1995, SEC.79; P.L.189-2003, SEC.2; P.L.108-2006,
SEC.26; P.L.175-2009, SEC.20; P.L.110-2010, SEC.30; P.L.154-2013,
SEC.6; P.L.195-2015, SEC.1; P.L.171-2016, SEC.11; P.L.119-2020,
SEC.1; P.L.93-2024, SEC.157; P.L.200-2025, SEC.10.