47:06:04:21. Criteria for "actively seeking work." To be considered able to work and available for work a claimant must be "actively seeking work." In determining what constitutes "actively seeking work," the secretary or the secretary's representative shall consider whether the efforts the claimant has made to obtain work have been reasonable and are efforts an unemployed individual is expected to make if the individual is honestly looking for work. Participation by the claimant in a department approved "reemployment services" program shall be considered to be "actively seeking work". For all other individuals, the criteria used by the secretary or representative to determine if a claimant is "actively seeking work" include the following:
(1) The prevailing occupational wage that the claimant is suited for by experience or training in the area where the claimant resides in relation to the wage the claimant is willing to accept. Individuals who have been trained for an occupation or have work experience in an occupation for which there is not current or anticipated demand in the area where they reside, as determined by the secretary or representative, must be available for work that they are capable of doing at the prevailing wage rate for that type of work; and
(2) Unless exempt under § 47:06:04:11, the job contacts made by the claimant which meet the following criteria:
(a) Claimants filing for regular benefits must make two job contacts in each week for which benefits are requested. Weekly claims for benefits payable after regular benefits are exhausted, such as extended, supplemental, or emergency benefits, require at least five job contacts in each week for which benefits are requested. The secretary or representative may change the number of required job contacts based on local labor market conditions; and
(b) Claimants must make the job contact in the manner customarily required by the employer. However, contact by telephone does not satisfy this requirement.
Source: 7 SDR 56, effective December 15, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 11 SDR 86, effective January 1, 1985; 18 SDR 62, effective October 9, 1991; 38 SDR 11, effective August 9, 2011; 39 SDR 127, effective January 23, 2013; 41 SDR 58, effective October 14, 2014.
General Authority: SDCL 61-6-1(3).
Law Implemented: SDCL 61-6-1.
47:06:04:21.01. Shift work availability. An individual who has earned wage credits in an occupation that generally requires shift work shall be available to work all shifts or work schedules unless the individual has a compelling reason for not working one or more shifts or work schedules.
A compelling reason is an obligation or commitment and not simply the result of personal preference.
Source: 9 SDR 81, 9 SDR 124, effective July 1, 1983; 39 SDR 127, effective January 23, 2013.
General Authority: SDCL 61-6-1(3).
Law Implemented: SDCL 61-6-1.
47:06:04:21.02. Availability for work. Individuals with an established work relationship with an employer, such as a temporary employment service or a firm that provides employees the option of accepting any available work, are not available for work in weeks in which the individuals, without good cause, fail to accept job referrals or calls to work or fail to take positive steps to accept suitable work they should reasonably know is available with that employer. Good cause includes previously scheduled work with another employer or compelling personal circumstances which prevent acceptance of the work.
Source: 21 SDR 188, effective May 7, 1995; 39 SDR 127, effective January 23, 2013.
General Authority: SDCL 61-6-1(3).
Law Implemented: SDCL 61-6-1.
47:06:04:21.03. Jury duty. An individual serving on a jury is considered to be available for work.
Source: 30 SDR 152, effective April 14, 2004; 39 SDR 127, effective January 23, 2013.
General Authority: SDCL 61-6-1(3).
Law Implemented: SDCL 61-6-1(3).
