§1600. Benefit eligibility conditions
An unemployed individual shall be eligible to receive benefits only if the
administrator finds that:
(1)He has made a claim for benefits in accordance with the provisions of R.S.
23:1621 and R.S. 23:1622.
(2)(a) The individual has done both of the following:
(ii)Continued to report in accordance with such regulations prescribed by the
administrator.
(b)The administrator may, by regulation, waive or alter either or both of the
requirements of Subparagraph (a) of this Paragraph as to such types of cases or situations
with respect to which he finds that compliance with such requirements would be oppressive,
or would be inconsistent with the purposes of this Chapter; but no such regulation shall
conflict with R.S. 23:1591.
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§1600. Benefit eligibility conditions
An unemployed individual shall be eligible to receive benefits only if the
administrator finds that:
(1) He has made a claim for benefits in accordance with the provisions of R.S.
23:1621 and R.S. 23:1622.
(2)(a) The individual has done both of the following:
(i) Registered for work.
(ii) Continued to report in accordance with such regulations prescribed by the
administrator.
(b) The administrator may, by regulation, waive or alter either or both of the
requirements of Subparagraph (a) of this Paragraph as to such types of cases or situations
with respect to which he finds that compliance with such requirements would be oppressive,
or would be inconsistent with the purposes of this Chapter; but no such regulation shall
conflict with R.S. 23:1591.
(3)(a) All of the following apply:
(i) The individual is able to work.
(ii) The individual is available for work.
(iii) The individual is actively searching for work.
(b)(i) For the purpose of this Section, a claimant has satisfied the requirements of
making an active search for work if he is pursuing a course of action to become reemployed
as contained in his eligibility review and reemployment assistance plan approved by the
administrator and consistent with Subparagraph (a) of this Paragraph. The reemployment
assistance plan shall not contain factors which, when judged on the basis of reasonableness
for a similarly unemployed worker to follow, would be contrary to the individual's interest,
taking into account the claimant's qualifications for work, the distance of his residence from
employing establishments, his prior work history, and current labor market conditions related
to his normal and customary occupation.
(ii) The claimant shall have satisfied the requirement for an active search for work
if he has a reemployment assistance plan, is a paid-up union member of a recognized craft
union, and is, and continues to be, available to his union for referrals to job openings listed
with his union. To reflect his availability for work with his union, he shall report to the
hiring hall of his union at least once each week and maintain evidence of having done so by
securing a union officer's signature on his unemployment booklet each week when he reports
as able and available for work. If the domicile of the paid-up member of a craft union is
located in excess of twenty miles round trip from his union office, the member shall call his
union office at least once a week to reflect his availability for work.
(iii) An unemployment booklet shall be maintained by the claimant for review of his
continuing eligibility by employment security representatives as evidence of his continuing
search for work. The claimant shall have satisfied this requirement if he is partially
employed by an employer subject to the Louisiana Employment Security Law and holds
himself available for reemployment at his last place of work; or, if he is on temporary layoff
from his regular work and holds himself available for reemployment at his last place of work.
(iv) Repealed by Acts 1992, No. 453, §1.
(4) He has been unemployed for a waiting period of one week. No week shall be
counted as a week of unemployment for the purpose of this Subsection:
(a) Unless it occurs within the benefit year which includes the week with respect to
which he claims payment of benefits.
(b) If benefits have been paid with respect thereto.
(c) Unless the individual was eligible for benefits with respect thereto as provided
in this Section and in R.S. 23:1601, except for the requirements of this Paragraph and
Paragraph (5) of R.S. 23:1601.
(5) He has during his base period been paid wages for insured work equal to at least
one and one-half times the wages paid to him in that calendar quarter in which his wages
were the highest. For the purposes of this Subsection, wages shall be counted as "wages for
insured work" for benefit purposes with respect to any benefit year only if such benefit year
begins subsequent to the date on which the employing unit, by which such wages were paid,
became an employer within the meaning of any provision of this Chapter.
(6)(a) Benefits based on service in employment defined in R.S. 23:1472(12)(F)(I)
(II), (IV), and (VII) shall be payable in the same amount, on the same terms and subject to
the same conditions as benefits payable on the basis of other services subject to this Act;
except that:
(i) With respect to service performed in an instructional, research, or principal
administrative capacity for any educational institution, including institutions of higher
education and local public school systems, benefits shall not be paid based on such service
for any week of unemployment commencing during the period between two successive
academic years, or during a similar period between two regular but not successive terms, or
during a period of paid sabbatical leave provided for in the individual's contract, to any
individual if such individual performs such services in the first of such academic years (or
terms) and if there is a contract or a reasonable assurance that such individual will perform
services in any such capacity for any educational institution in the second of such academic
years or terms. The provisions of this Paragraph shall include any service performed in an
instructional, research, or principal administrative capacity including service performed by
a temporary or uncertified teacher or instructor.
(ii) With respect to services performed in any other capacity for an educational
institution, including crossing guards, whether employed by a school board or another
political subdivision of the state, benefits shall not be paid to any individual on the basis of
such services for any week which commences during a period between two successive
academic years or terms if such individual performs such services in the first of such
academic years or terms and there is a letter of assurance that such individual will perform
such services in the second of such academic years or terms, except that if compensation is
denied to any individual under this Subparagraph and such individual was not offered an
opportunity to perform such services for the educational institution for the second of such
academic years or terms, such individual shall be entitled to a retroactive payment of
compensation for each week for which the individual filed a timely claim for compensation
and for which compensation was denied solely by reason of this clause.
(iii) With respect to any services described in clause (i) or (ii) compensation payable
on the basis of such services shall be denied to any individual for any week which
commences during an established and customary vacation period or holiday recess if such
individual performs such services in the period immediately before such vacation period or
holiday recess, and there is a reasonable assurance that such individual will perform such
services in the period immediately following such vacation period or holiday recess.
(iv) With respect to any services described in clause (i) or (ii), compensation payable
on the basis of services in any such capacity shall be denied as specified in clauses (i), (ii),
and (iii) to any individual who performed such services in any educational institution, while
in the employ of an educational service agency, or to any crossing guards, whether employed
by a school board or another political subdivision of the state, and for this purpose the term
"educational service agency" means a governmental agency or governmental entity which is
established and operated exclusively for the purpose of providing such services to one or
more educational institutions.
(b) Benefits shall not be paid to any individual on the basis of any services,
substantially all of which consist of participating in sports or athletic events or training or
preparing to so participate, for any week which commences during the period between two
successive sport seasons or similar periods if such individual performed such services in the
first of such seasons or similar periods and there is a reasonable assurance that such
individual will perform such services in the later of such seasons or similar periods.
(c)(I) Benefits shall not be paid on the basis of service performed by an alien unless
the alien is an individual who has been lawfully admitted for permanent residence at the time
the services were performed, was lawfully present for purposes of performing such services
or otherwise is permanently residing in the United States under color of law at the time such
services were performed including an alien who is lawfully present in the United States as
a result of the application of the provisions of Section 203(a)(7)* or Section 212(d)(5)** of
the Immigration and Nationality Act.
(II) Any data or information required of individuals applying for benefits to
determine whether benefits are not payable to them because of their alien status shall be
uniformly required from all applicants for benefits.
(III) In the case of an individual whose application for benefits would otherwise be
approved, no determination that benefits to such individual are not payable because of his
alien status shall be made except upon a preponderance of the evidence.
(7) With respect to weeks of unemployment, wages for insured work shall include
wages paid for previously uncovered services. For the purposes of this Subsection, the term
"previously uncovered services" means services:
(a) Which were not employment as defined in Section 1472(12) of this Chapter and
were not services covered pursuant to Sections 1573, 1574, and 1575 of this Chapter, at any
time during one-year period ending December 31, 1975; and
(b)(1) Which is agricultural labor (as defined in Section 1472(12)(F)(V) of this Title)
or domestic service (as defined in Section 1472(12)(F)(VI) of this Title); or
(2) Which are services performed by an employee of a political subdivision of this
state, as provided in Section 1472(12)(F)(I) of this Title, or by an employee of a nonprofit
educational institution which is not an institution of higher education, as provided in Section
1472(12)(F)(II) of this Title, except to the extent that assistance under Title II of the
Emergency Jobs and Unemployment Assistance Act of 1974*** was paid on the basis of
such services.
(8)(a) An individual filing a new claim for unemployment compensation shall, at the
time of filing such claim, disclose whether or not the individual owes child support
obligations as defined under R.S. 23:1693(G). If any such individual discloses that he or she
owes child support obligations and is determined to be eligible for unemployment
compensation, the administrator shall notify the state or local child support enforcement
agency enforcing such obligation that the individual has been determined to be eligible for
unemployment compensation.
(b) This Paragraph applies only if appropriate arrangements have been made for
reimbursement by the state or local child support enforcement agency for the administrative
costs incurred by the administrator under this Paragraph which are attributable to child
support obligations being enforced by the state or local child support enforcement agency.
*8 U.S.C.A. §1153(a)(7).
**8 U.S.C.A. §1182(d)(5).
***See note under 26 U.S.C.A. §3304.