Title 22, California Code of Regulations, Section 1256-2(d), provides: The same principle applies to continued and partial claims, the "most recent" work is that work which was "most recent" at the time the claim was filed. "Most recent" is determined in relation to the date of the claim filing or, in the language of the regulation, prior to and nearest the date of filing a valid new, reopened, or additional claim for benefits. A disqualification cannot result unless both conditions are present. Not only must the work be "most recent" in terms of the filing of the claim, but the work must be "work" as defined by the code and regulations. (b) During the calendar week for which a continued claim is filed. (a) 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. Code Section 1256.3 provides:įor the purposes of Sections 1256, 1256.1, and 1256.2, "most recent work" is that work in which a claimant last performed compensated services: When a claim is filed during the leave or suspension a separation issue is raised under Section 1256 which must be resolved on the basis for the leave or suspension. For example, the employment relationship may be continued during a leave of absence or suspension although the claimant performs no services and receives no wages during that time. A leaving of work also occurs when the performance of services is suspended but the employment relationship is not terminated. A leaving of work occurs when the employment relationship is terminated.
This differs from terminations in which the employer no longer offers employment to the claimant (discharge), or the work for which the claimant was hired has ended and the claimant is laid off due to lack of work (LOLW). Code apply when the claimant terminates his or her employment by leaving work. The voluntary quit provisions of Section 1256 of the Unemp. Thus, the elements of a voluntary quit are, (1) leaving, (2) most recent work, (3) voluntarily, and (4) without good cause. Code Section 1256 provides: "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 good cause." To decide whether or not the quit is disqualifying, refer to the appropriate section reflecting the reason for separation given by the claimant. This section addresses general principles of voluntary quit determinations. Voluntary Quit VQ 5 Elements of a Voluntary Quit
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