IC 22-4-14-3 — Availability for full-time work required to receive benefits; exceptions; work search activities
Chapter 14. Eligibility for Benefits
Bills amending this section
Section text
Sec. 3. (a) A claimant who is receiving benefits as determined under IC 22-4-15-1(c)(8) may restrict the claimant's availability because of the claimant's need to address the physical, psychological, or legal effects of being a victim of domestic or family violence (as defined in IC 31-9-2.1-84). (b) An unemployed claimant shall be eligible to receive benefits with respect to any week only if the claimant: (1) is physically and mentally able to work; (2) is available for work; (3) is found by the department to be actively 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 claimant has completed the reemployment services; or (B) failure by the claimant 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 a claimant exists in, but is not limited to, any case in which, with respect to any week, it is found: (1) that the claimant 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 the claimant 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 the claimant is suspended for misconduct in connection with the claimant's work; or (4) that the claimant is in attendance at a regularly established public or private school during the customary hours of the claimant's occupation or is in any vacation period intervening between regular school terms during which the claimant is a student. However, this subdivision does not apply to any claimant 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 claimant'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 claimant shall be denied benefits for any week because the claimant is in training with the approval of the department, nor shall the claimant be denied benefits with respect to any week in which the claimant 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 may 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 claimant shall not be denied benefits for any week or determined not able, available, and actively seeking work, because the claimant is responding to a summons for jury service. The claimant shall: (1) obtain from the court proof of the claimant's jury service; and (2) provide to the department, in the manner the department prescribes by rule, proof of the claimant's jury service. (f) If an otherwise eligible claimant is unable to work or unavailable for work on any normal work day of the week, the claimant shall be eligible to receive benefits with respect to such week reduced by one-third (1/3) of the claimant's weekly benefit amount for each day of such inability to work or unavailability for work. (g) A claimant has made an effort to secure full-time work with respect to any week in which any of the following apply: (1) The claimant has completed activities directed by the department under sections 3.2 and 3.5 of this chapter. (2) The claimant has performed at least two (2) acceptable work search activities, including any work search activities provided by the department to the claimant through the claimant's uplink home page. (3) The claimant has affirmed that the claimant has made an effort to secure full-time work. (4) The claimant applies to, and accepts if offered, suitable jobs referred to the claimant by the department. (h) For purposes of this section, acceptable work search activities may include: (1) creating a reemployment plan, in conjunction with a work one office; (2) creating a resume; (3) uploading the claimant's resume to Indiana career connect; (4) registering for work with Indiana career connect, a placement firm, temporary work agencies, or an educational institution with job placement offices; (5) using online career tools reasonably expected to improve the claimant's likelihood of finding employment; (6) logging on and looking for work in Indiana career connect; (7) using reemployment services in a work one center or completing similar online or self-service activities; (8) completing job applications for employers that have, or are reasonably expected to have, job openings, or following through on job referrals or job development attempts, as directed by state workforce or unemployment insurance staff; (9) applying for or participating in employment and training services provided by partner programs in work one centers; (10) creating a personal user profile on a professional networking site appropriate for the claimant's prior training and experience; (11) participating in work related networking events; (12) making contacts or in person visits to employers that have, or are reasonably expected to have, job openings; (13) taking a civil service exam; or (14) going on interviews with employers virtually or in person. (i) For purposes of this section, the department will determine whether work is suitable on a case by case basis pursuant to the criteria set forth in IC 22-4-15-2. The following apply with respect to suitable work: (1) In order to maintain benefit eligibility, when the department directs, a claimant must apply for any available position. (2) Suitable work must be accepted, if the offer is received by a claimant at any time after the claimant's separation from employment. (3) Failure to accept suitable work, without good cause, will result in the claimant being ineligible for benefits. (j) Except for activities that the department will verify under subsection (h)(1), (h)(3), (h)(5), (h)(6), and (h)(8), for a period of six (6) months following the week in which the work search activities occurred, the claimant must keep a detailed record of the claimant's weekly work search activities so that the department can verify the activity for an audit or eligibility review. A detailed record includes the following information: (1) The date of the activity. (2) The name of the employer, event host, organizer, platform, or other identifying information, such as a job reference number. (3) Contact information, such as the employer's mailing address, telephone number, electronic mail address, or website address, and name of the person contacted, if available. (4) Details of the position for which the claimant applied or activity in which the claimant participated. (5) Method of contact or participation. (6) Confirmation of the claimant's contact or participation. (7) Results of the claimant's contact or participation. (k) A contemporaneous document generated by an employer, an event host, an organizer, a platform, or other relevant third party that includes the date and details of an activity as well as confirmation of the claimant's submission or participation, will be presumed to satisfy the requirements of subsection (j). (l) The department may allow a claimant to satisfy the requirements of subsection (j) through a document other than one described in subsection (j) or (k), but the claimant must demonstrate the reliability and appropriateness of the documentation.
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; P.L.121-2026, SEC.35; P.L.145-2026, SEC.131.
Source: official publisher (2026 edition)