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Miscellaneous MI 85

California Training Benefits

The California Training Benefits (CTB) program allows claimants who lack competitive job skills to receive Unemployment Insurance (UI) benefits while attending approved training. Under the CTB program, the traditional role of UI changes, from that of temporary financial support while the claimant looks for work, to one of assisting the claimant in retraining in a demand occupation in order to return to full employment.

In order to qualify for CTB, the applicant must be UI monetarily eligible, i.e., have a valid UI claim, including federal extension claims. The applicant may qualify for CTB but not be entitled to receive benefits because of an indefinite disqualification such as a voluntary quit or discharge for misconduct and thus not be able to collect benefits. However, a CTB eligible claimant may serve a fixed disqualification such as refusal of suitable work or false statement as long as he or she is in training, meets CTB eligibility criteria, and is otherwise eligible for UI benefits.

The Department is committed to working with the Local Workforce Investment Areas (LWIAs), and the Employment Training Panel (ETP) staff and contractors to assist eligible UI claimants to participate in job training programs.

Since claimants currently enrolled in school or training may meet the eligibility requirements for the CTB program, it is important to recognize those UI claimants who require training or retraining as a result of California's changing labor market conditions.

This section discusses legal authority and Department policy for the CTB program.

A. Legal Authority

Sections 1266 through 1274.10, of the California Unemployment Insurance Code (CUIC), provides authority and eligibility requirements for the CTB program.

Section 1267 - provides that individuals otherwise eligible for UI and who have been approved for and enter CTB training are exempt from the availability and seek work requirements of the Code. Claimants in approved training may refuse suitable work, and may quit work with good cause if continuing to work would preclude completion of training. These provisions apply only after the claimant has been approved for and begins training.

Section 1269 - provides eligibility criteria for CTB approval.

Section 1271 - requires the Department to notify every individual who applies for unemployment compensation in this state of his or her opportunity to receive retraining benefits. A claimant currently enrolled in school or training may meet the eligibility requirements for CTB, therefore, it is important that interviewers recognize those individuals who require retraining as a result of California’s changing labor market conditions. Section 1271 also provides for a maximum of 52 times the claimant’s weekly benefit amount if the individual applies for and is CTB approved prior to receiving his or her 16th week of benefits. Benefits payable beyond the maximum UI benefit award are referred to as training extension (TE) benefits.

It is Department policy to accept an individual's inquiry for training as long as the inquiry is made before the 16th week of benefits has been issued.

If an individual's claim is less than 16 weeks, he or she must inquire before the last payment is issued.

Section 1273 - provides that benefits are not payable during a period of training if the individual is receiving a training or retraining benefit allowance or stipend that is a cash in-hand, discretionary use payment available to the claimant to be used as he or she sees fit. Compensation for training costs, such as tuition, books, and supplies, is not included as a condition of approval.

B. Program Approval Criteria

Section 1269 of the Unemployment Insurance Code provides the CTB applicant may be found eligible by either one of following methods:

Automatic Director's Approval. Director’s approval is automatically provided for those claimants who are otherwise eligible for California UI benefits and any of the following apply:

• The training is authorized by the federal Workforce Investment Act (WIA).
• The training is authorized by Employment Training Panel (ETP) state funded training.
• The claimant is a participant in the California Work Opportunity Responsibility for Kids (CalWORKs) program and has entered into a contract with the county welfare department to participate in an education or training program.
• The claimant has been determined eligible under a Trade Adjustment Assistance (TAA) petition certified pursuant to the federal Trade Act.

Once participation in one of these four programs has been verified, the individual may be certified as CTB eligible.

Other Than Automatic Director's Approval (hereafter referred to as "OTHER" training). Training benefits will be approved for all "OTHER" training participants if the individual meets the following criteria:

1. Has been unemployed for four or more continuous weeks. This requirement may be waived if the claimant meets the waiver criteria below. When counting the four or more continuous weeks, begin with the first Sunday following the last week in which the claimant was fully employed under the provisions of Unemployment Insurance Code 1252.

Waiver criteria to the continuous week rule

• The individual is unemployed and unlikely to return to his or her most recent workplace because, work opportunities in the individual's job classification are impaired by a plant closure, or
• There was a substantial reduction in employment at the individual's most recent workplace, by advancement in technological improvements, by the effects of automation and relocation in the economy, or
• The individual is unemployed because of a mental or physical disability which prohibits the him or her from utilizing existing occupational skills.

2. One of the substantial causes of the individual’s unemployment is a lack of sufficient current demand in the individual’s labor market area for the occupational skills for which the individual is fitted by training and experience or current physical or mental capacity and that the lack of employment opportunities is expected to continue for an extended period of time, or, if the individual’s occupation is one for which there is a seasonal variation in demand in the labor market and the individual has no other skill for which there is current demand.

If the claimant has occupational skills for any occupation for which there is a current demand, he or she does not meet CTB eligibility requirements. Such occupational and labor market information must be documented on the Notice of Claim Interview, DE 2403CTB/TE (e.g., "The clmt has general clerical job skills. The JS office has 14 unfilled clerical job openings paying prevailing wage. On Aug. 20, the local newspaper had listings for 12 clerical positions.")

3. The training or retraining course of instruction relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in the labor market area in this state in which the individual intends to seek work and there is not a substantial surplus of workers with requisite skills in the occupation in that area.

Employment opportunities must be available, or available in the immediate future, in the California labor market where the claimant plans to seek work.

4. If the individual is a journey level union member, the training or retraining course of instruction is specific job-related training necessary due to changes in technology, or necessary to retain employment or to become more competitive in obtaining employment.

5. The training or retraining course of instruction is one approved by the director and can be completed within one year.

The training course must be completed within twelve months from the time the claimant starts receiving CTB benefits. If the training started prior to the UI claim, use Sunday of the week of the CTB eligibility approval as the basis for measuring the twelve month period.

6. The training or retraining course is a full-time course prescribed for the primary purpose of training the applicant in skills that will allow him or her to obtain immediate employment in a demand occupation and is not primarily intended to meet the requirements of any degree from a college, community college, or university.

"Full time course" is considered 12 semester/quarter units during the regular school year. Most colleges consider six semester/quarter units to be full time for summer school. For training where the college unit system is not used, twenty hours per week has been established as the minimum number of hours in order to be considered as a "full time" course. If the training is less than 20 hours per week, but the training provider considers the claimant to be attending "full time" for purposes of the particular training program, then the training meets the requirements of a "full time" course.

If the only purpose of the training is to obtain a degree from a college or university which does not relate to a specific occupational field, such as a BA in Social Science, English, etc., the training would not be approved under CTB. However, if the training is in a specific occupation for which there is a current demand (automobile mechanic, office equipment repair, etc.) and the applicants meets all other CTB eligibility criteria, the training may be approved.

7. The individual can be reasonably expected to complete the training or retraining successfully.

The applicant must have the aptitude, physical ability, etc., to complete the training to be determined CTB eligible.

8. The beginning date of training is more than three years after the beginning date of training last approved for the individual under the subdivision.

Any CTB approved training within the three years prior to the current training period, including ETP, WIA, TAA, or CALWORKS, is disqualifying for "OTHER" approved training.

The requirement that all of these conditions be satisfied was discussed in Precedent Benefit decision, P-B-109. In this case, the claimant last worked as a teletype operator. The company for which she worked went through a reorganization which resulted in the elimination of her job. The claimant believed that her occupation as teletype operator was a vanishing occupation and decided to retrain herself as a computer programmer. She had a secondary skill as a general clerk, but did not like that type of work. In holding the claimant ineligible for retraining benefits, the Board stated:

Before an individual can be found potentially eligible for benefits during a period of retraining, all the conditions imposed by Section 1269 of the code must be satisfied. . . . It must be shown that reasonable employment opportunities for which the unemployed individual is fitted by training and experience do not exist or have substantially diminished in the labor market in this state in which he is claiming benefits . . . . The claimant’s occupation as a teletype operator is in balance. There has not been a substantial reduction of jobs in the claimant’s labor market. At the present time the claimant is ineligible for retraining benefits under the provisions of sections 1266 and 1269 of the code.

The Board cited the following Attorney General's opinion in its decision:

It should be noted, however, that if reasonable employment opportunities do exist for which an unemployed individual is fitted by training or experience, he would not be eligible for retraining either in a course relating to an entirely new skill or trade or in a course relating to advanced techniques in his present skill or trade. In such a situation, the only purpose for retraining would be to increase the individual's skills, probably for the purpose of securing better paid employment. This would be beyond the scope and purpose of the statute.

The Board went on to find the claimant ineligible under Section 1253(c) of the Code because her availability was substantially reduced by her daytime school attendance.

C. Policies Relating to "OTHER" Training

The following Department policies have been established to implement and monitor the CTB program.

1. Advanced Degrees/Managerial and Professional Occupations

Due to recent economy and structural changes in the private sector, government and defense related jobs, many individuals with advanced degrees and managerial and technical expertise, require retraining to compete in their prior or a new occupation. Eligibility for CTB must be based on the applicant's occupational skills and need for training or retraining, not his or her level of academic achievement.

2. Basic Education/GED/English as Second Language (ESL)

If an individual needs basic education, GED, or ESL training in addition to vocational training, both components may be authorized under CTB. If the applicant is taking only ESL or basic education and has existing job skills, the training would not meet the CTB approval criteria.

3. On-the-Job or On-Site Training

On-the-job training (OJT) is generally not approved for CTB because the individual is usually fully employed within the meaning of Section 1252 of the Code.

There are some training programs in the medical profession where an internship is required. If the claimant is in intern classroom training and meets all other CTB eligibility criteria, the training may be approved providing an employer-employee relationship does not exist.

4. Training Facilities

The following is used to determine whether a training facility qualifies as an "approved" training facility:

APPROVED TRAINING FACILITIES

• All public schools (including community colleges).
• Regional Occupation Programs.
• Adult education programs.
• Accredited private educational facilities.
  
• Private educational facilities with a financial aid office.
  
• Private educational facilities that prepare individuals for licensing examinations, such as Real Estate, California Bar and State Contractors licenses.
  
• Training facilities used by Local Workforce Investment Boards.
  
• Training facilities used by Department of Rehabilitation.
  
• Employer sponsored industry-oriented training (teaches fundamental skills for a particular occupation basic to all employers in that field).
  
• WIA, ETP, CalWORKs, and TAA Job Search Workshops if part of the initial training program.

NOTE: If the private facility does not fall under any of the above "approved" training facilities, ask the training facility if it is approved by the Council for California Private Post secondary and Vocation Education. If it is not, training is not approvable.

The following is used to determine training that is not approved:

TRAINING THAT IS NOT APPROVED

• Institutions exclusively offering avocation or recreational classes.
  
• Employer sponsored employer-oriented training (acquaints claimant with the employers procedures, methods, etc.)
  
• Correspondence courses.
  
• Workshops or seminars.
  
• Job search workshops not approved under JTPA, ETP, GAIN, or TAA.
  
• Any on-the-job training (OJT) program where an employer-employee relationship exists.
  
• WIA job search assistance services (normally 90 days).

5. Trade Union ---- Training Programs

Journey level union members attending training may be approved for CTB, provided that the training meets the specific requirements of UI Code Section 1269(d)(4). The training must be:

• Specific job-related training necessary due to changes in technology, or
• Training which is necessary to retain employment, or
• Training which is necessary for the claimant to become more competitive in obtaining employment.

6. Department of Rehabilitation Referrals

Claimants referred to training by Department of Rehabilitation who are enrolled in WIA, ETP, TAA, or CALWORKS funded training have automatic Director's approval. Claimant's enrolled in training that do not have automatic Director's approval, must meet the "OTHER" criteria. In determining CTB eligibility, it may be necessary to contact the Department of Rehabilitation counselor or case worker to determine:

• If an employer-employee relationship exists if the training is on employer premises.
• If the claimant will receive any federal or state discretionary allowances or stipends from the training provider.
• The date vocational training actually started.

The claimant is not eligible for CTB benefits during Department of Rehabilitation's eligibility evaluation and occupational planning. However, the claimant may be eligible for regular UI benefits if all UI eligibility requirements are met.

7. Licensed/Credential Programs

Courses in licensed or certificate occupations such as cosmetology and licensed vocational nursing (LVN) may be approved if the course can be completed in one year, and there is a demand for workers in that occupation. Training in occupations that are customarily commission or self-employment, such as cosmetology or barbering, does not preclude approval of the training program as long as a demand exists for the occupation.

Teaching and nursing are examples of occupations that require a college degree combined with additional courses for a credential or board approval. Training in these occupations may be approved if:

• The additional training for credential or board certification approval can be completed within one year, and
• The claimant has no other skills which are in demand.

8. Refresher/Upgrade Skills Training

The term "refresher" or "upgrade" is used to identify the applicant who does not need or choose to change occupations, but needs additional or new skills in order to compete with other job applicants. Due to continuing technological changes in virtually all occupations, many workers need to update job skills.

If the claimant needs to update job skills in order to compete in the labor market, and there is still a demand for available jobs in the occupational field for which the claimant has experience, the interviewer must look at the individual's skills and current labor market conditions when determining if retraining is appropriate. An individual who has been working in aerospace or federal civilian employment may need training that will make him or her more competitive in other industries that use the occupation. The claimant's eligibility will be based on whether the applicant meets the criteria of the remainder of the "OTHER" criteria.

9. Change of Occupation by Personal Choice

Eligibility for CTB is based upon either automatic Director's approval (WIA, ETP, TAA, or CalWORKs programs) or the eligibility requirements set forth in Section 1269(d) of the Code. If approved under the former, we do not examine the reason why the claimant is in the training. If the individual is requesting approval under Section 1269(d), however, he or she would not be determined eligible unless there is a lack of demand for his or her existing job skills.

10. Out-of-State Training Programs for California Residents

Unemployment Insurance Code, Section 1269, requires that training courses be approved by the Director and the course(s) relate to skills for which there is a labor market in California in which the individual intends to seek work. Director's approval would be given if all of the following conditions are met:

• The training is at an institution in Nevada, Oregon or Arizona and is the closest training facility to the claimant's residence and there is no training facility in California within a reasonable commute distance for the claimant.
• The course relates to an occupational skill for which there is a California labor market where the claimant intends to seek work when the training is completed.

Out-of-state training facilities may also be approved if the facility provides special training environments for individuals with special physical or learning disabilities which are not available in California or readily available to the applicant. However, there must be a labor market in California in which the claimant intends to seek work.

11. Out-of-State Training Programs for Interstate Claimants

Section 1267 of the Code clearly states that the purpose of the program is to provide individuals residing in California who lack competitive skills with training/retraining to enable them to compete in jobs for which there is a demand in California where the individual intends to seek work. Therefore, interstate claimants who are not approved under WIA or TAA cannot be determined eligible under CTB.

Unemployment Insurance Code, Section 1269(a), provides that claimants in WIA approved training have Director's approval. Since WIA is a federally funded program, WIA participants receiving California UI benefits on an interstate claim are CTB eligible.

Section 1269(b) of the Code authorizes certified workers of affected employers who have been certified under the federal TAA as having CTB eligibility. If the claimant is certified as TAA eligible, then the training would have Director's approval for CTB.

12. Requests For Training Benefits by Interstate Claimants

If a request for CTB program approval is received from a claimant who has a UI claim against a state other than California, refer claimant to agent state liable for the regular UI claim.

NOTE: If the claimant is not CTB eligible, an AA School determination must be conducted.

D. Training or Retraining Benefit Allowances or Stipends

Section 1273 of the Code prohibits CTB claimants from receiving any discretionary federal or state training or retraining benefits, allowances, or stipends paid by the training provider or the funding source for the training program.

Training or retraining benefits, allowances, or stipends is defined in Section 1273 as "discretionary use, cash in-hand payments available to the individual to be used as he or she sees fit. Direct and indirect compensation for training costs, such as tuition, books, and supplies, is excluded as a condition of approval."

The claimant may elect to waive the grant if it will disqualify the individual from receiving CTB. The waiver must be verified by the training facility and documented on the DE 2403. Since any grant would normally go through the training facility's financial aid office, the school can usually verify the claimant's waiver.

Student loans, WIA needs based payments, Temporary Assistance for Needy Families , Montgomery GI Bill, Veterans Educational Assistance Program (VEAP), or PELL grants are not considered discretionary. Because such compensation programs are not paid by the training provider or the funding source of the training program, they are not disqualifying for CTB purposes.

Direct or indirect compensation for training related costs such as books, supplies, transportation and meals are also not considered discretionary and would not be disqualifying for CTB.

E. Training Extension

The purpose of the TE claim is to provide CTB claimants who apply for or inquire about training by the 16th week of their receiving UI benefits, with additional benefits (beyond their CTB/UI claim) to assist them in completing training. Section 1271(a) of the UI Code provides that qualified CTB claimants may receive a Training Extension of up to 52 times the weekly benefit amount of the parent UI claim (less the MBA of the parent UI, and amounts paid on any extensions).

Eligibility for a TE is determined at the time of the CTB eligibility determination.

The receipt of 16 weeks of UI benefits is computed on the BYB in which the claimant begins the training. All weeks of California UI benefits (including Worksharing, CWC, UCX, etc.) paid count toward the 16 weeks, but unpaid weeks (such as WP, XE, FS, or other fixed disqualifications) do not. An AC or RC has no effect on the 16 weeks eligibility criteria. The claimant must inquire or apply no later than the date the 16th week of UI benefits has been issued. If the claimant inquires or applies after the 16th week of UI benefits has been issued, the claimant must be denied the Training Extension.

The claimant must be receiving California UI benefits, and therefore cannot have a BX or BYE claim at the time the application for CTB is made. If the claimant has a UI claim of less than 16 weeks, he or she must apply for CTB before UI benefits are exhausted or the claim is BYE.

Because of the time delay between when the claimant first contacts the Department regarding CTB benefits and the date on which the determination is scheduled, the date on which the claimant contacts the Department is used as the inquiry and application date. If the claimant is in training sponsored by WIA, ETP, CalWORKs or Department of Rehabilitation training program, the date of claimant applied for training with the respective entity may be used to establish the application for training date. Verify the application date with the training facility or appropriate funding entity.

Precedent Benefit decision, P-B-466, specifically defined the 16-week period. In this case the claimant established a valid claim effective June 5. She did not receive UI benefits during her waiting period week, June 11. She did receive UI benefits for thirteen consecutive weeks, after which she returned to work for seven weeks. She reopened her claim and was paid benefits for one week, the week ending November 5. During the two-week period ending November 26, she again worked. She reopened her claim and was paid benefits for the next sixteen weeks beginning week ending November 26 through March 11.

Although the claimant had received a pamphlet regarding CTB benefits and had been given verbal advice regarding the existence of the CTB program, she did not apply for CTB until February 22. The Department held the claimant ineligible on the basis that she had applied after the 16th week of receiving UI benefits. The Board stated:

The Department would begin counting the 16 weeks from the claim date, including the waiting week, and continue for the next 15 weeks without regard to whether the claimant is receiving benefits. The deadline, as determined by the department, would have been the week ending September 17th. . . .

The administrative law judge, in finding good cause for the claimant's delay in this case, would in effect find that a sixteen-week period starts with each new or reopened claim. The administrative law judge would have found that the claimant had until the week ending March 11 . . . to file her TE claim.

The Board did not agree with either position. In its decision the Board held:

(T)here is no "good cause" provision in the statute at issue. In our opinion, had the legislature intended that consideration be given to a claimant for inability to comply with the sixteen-week deadline, it would have included such language within the statute. In the absence of such language, we cannot presume that such a standard should exist. . .

We believe the language of the statute is clear. The claimant must apply for TE "no later than the sixteenth week of his or her receiving these benefits" (emphasis added). A recipient would not "receive" benefits during his waiting week. A recipient would not "receive" benefits where he or she was employed and ineligible for benefits. . . We conclude then, that the sixteen-week period includes only those weeks during which the claimant is actually receiving benefits.

In the instant case, the first week for which the claimant received benefits was the week ending June 18. She received benefits for 13 consecutive weeks through the week ending September 10. The fourteenth week of her receipt of benefits was the week ending November 5. The claimant reopened her claim effective November 20. She received benefits continuously until the date of the hearing. The weeks ending November 26, and December 3, were the 15th and 16th weeks of her receiving benefits. As the claimant did not file her application for TE until February 22, 1989, she is not eligible for extended benefits under Section 1271(a) of the Code.

Thus, the Board held that (1) the waiting period cannot be considered a week of "receiving" benefits, (2) the sixteen week period need not be consecutive weeks of receiving UI benefits, and (3) there is no good cause provision in the statute for untimely application for TE.

F. Base Period Employers

Precedent Tax Decision 488 (PT 488) found that base period employers are entitled to timely notice of the maximum amount of potential benefits payable, including training extensions benefits, and also gives base period employers the right to protest those charges. When the claimant is approved for CTB, a Notice of Training Extension (DE 1545TE) is generated to all base period employers. If any base period employer responds within 15 days of the mail date on the DE 1545TE and questions a claimant's eligibility for CTB and/or TE benefits, a reconsidered determination of eligibility of both the CTB and the TE will be conducted.

If the 20-day reconsideration period has lapsed and the employer's response to the DE 1545 was timely, the reconsidered determination will still be conducted and the results documented on the DE 2403. However, per UI Code section 1332(2)(b), if the 20-day reconsideration period has passed the Department cannot reverse any determination if the reversal would be unfavorable to the claimant. Therefore, if the original decision finding the claimant eligible would have been reversed, based on the reconsidered determination, and the claimant would have been disqualified, the employer must be issued a Notice of Determination (DE 1080) using the Reason for Decision that applies to the reason the claimant was initially found CTB eligible. The employer will also be advised of the status of the claimant's original TE eligibility.

G. Training Benefit Issues

Section 1267 of the CUIC exempts CTB approved claimants from the availability, efforts to seek work, and suitable work provision of the Code while in approved training. It also provides that benefits shall not be denied to an individual for leaving his/her most recent work, if continuing that work would require the individual to terminate his or her training or retraining course of instruction. The foregoing exemptions apply only after the claimant has been approved for and begins the training. For a discussion of a quit to enter training, refer to California Code of Regulations, Title 22, Section 1257-5, and to the Benefit Determination Guide (BDG), Voluntary Quit (VQ) volume.

There is no such exempting provision for a participant's ability to work. To the contrary, Section 1272 of the Code provides:

(A)n unemployed individual who is able to work is eligible to receive benefits under this article with respect to any week during a period of training or retraining only if the director finds both of the following:

(a) He or she has been determined potentially eligible under Section 1269 or 1271.

(b) He or she submits with each claim a written certification executed by a responsible person connected with the training or retraining program certifying that he or she is enrolled in and satisfactorily pursuing the training or retraining course of instruction.
Not only must the participant be able to work, but he/she must provide written verification of attendance and satisfactory progression in the approved CTB training with each claim form submitted. Failure to provide such verification will result in ineligibility for benefits for that week.

CTB approved claimants certify for benefits in the same manner as other claimants except Section C on the Continued Claim form, DE 4581, must be signed by an authorized representative of the training facility. If Section C of the DE 4581 is signed by the training facility, the claimant is considered to be satisfactorily progressing in training and is payable if otherwise eligible. Failure to have the training facility signature may result in disqualification under Section 1272.5.

Absence from training for temporary illness or other reasons customarily excused by the training facility is not disqualifying as long as the absence is approved by the training facility and does not affect the claimant's progression in the training. If an absence is not approved by the training facility, the claimant would be ineligible for UI benefits for the entire week. Also, if the claimant indicates he or she was unable to work during the entire week, the claimant is subject to disqualification under the provisions of Section 1253(c), whether or not the school has excused the absence. An approved training participant is either eligible for the entire week or disqualified, the UI Code does not provide for benefit reductions (BR) under the CTB program.

H. Breaks In Training

Section 1267 of the CUIC provides in part: "The individual is considered to be in training or retraining during regularly scheduled vacation or recess periods, such as Christmas or Thanksgiving holidays, or semester breaks, but not during a summer vacation period."

The Code does not define the summer vacation period in terms of months or days. Therefore, the Department has adopted a literal interpretation of what constitutes a "summer vacation period". Any break exceeding three weeks during the months of June, July and August may be considered to be a summer vacation period.

A claimant who is in a recess break of even five or six weeks (for example, between fall and winter semesters), and who is attending training immediately before and after the dates of the recess break, would still be considered to be "in approved training" for those weeks (provided the recess break is not for the "summer vacation period"). This also applies to recess breaks between sessions of "year-round" schools (provided the recess break is not during the summer vacation period). No school signature is required on the DE 4581 for certifications during these recess periods, but the claimant must indicate the dates of the recess break in Section C of the Continued Claim form.

A claimant who is in a scheduled recess break OR a summer vacation period of three weeks or less, and who is attending training immediately before and after the dates of the recess break or summer vacation period, is still considered to be "in approved training" for those weeks. The claimant must indicate the dates of the break in Section C of the Continued Claim form.

NOTE: The break must be a "scheduled" break. A claimant who has "dropped out" of training for a period of time would not meet the above criteria.

If the CTB-approved claimant obtains work during a summer break, and continuing to work when the training resumes would interfere with his or her successful completion of the training program, a voluntary leaving of the job would be with good cause (refer to BDG VQ 40).

During periods in which the claimant is not considered to be "in approved training", he or she must meet the customary availability, seek work, and suitable work requirements of the UI Code. If the claimant is on a TE claim, he/she is not eligible for benefits until the approved training resumes following the summer vacation period.

I. Claimant No Longer Attending Training

TE benefits are payable only while the claimant is in CTB training. If the claimant successfully completes training or drops training, no further TE benefits may be paid. This includes situations where the training provider has the participant in a job search program after the classroom or onsite training has been completed.

If the claimant claims TE benefits and is no longer in training regardless of the reason, issue disqualification under Section 1271(a) of the UI Code.

J. Claimant Requests To Extend The Original Approved Training Program

Training approved under "Other" criteria

1. The CTB "OTHER" training period must not exceed 12 months from the date the claimant is approved for CTB, including breaks and summer vacation. For example, if the CTB approval is July 1, the training program must end by June 30th, of the following year. The one-year limit is computed on a 12 consecutive month basis including any recess breaks and the summer session

When a claimant requests an extension of the original approved training program, a reconsideration of the CTB approval is required. In determining whether to approve the request, consider and document the reason the claimant did not complete the training in the approved time. This would include factors such as illness, personal problems, or other factors affecting the trainee's progress. If the problems have not been resolved, the extension to the training should not be approved.

Generally, if the claimant did not claim benefits during a period of absence and this makes it necessary to extend the training period, the request may be granted providing it does not exceed the one-year limit for "Other" training. The following questions should be asked when a claimant requests to extend his or her training:

• What is the claimant's progress in training? If the claimant is unable to complete the course on schedule, is it due to lack of effort (or other reasons within the claimant's control)? If so, deny the extension. If not, grant the extension of training needed up to one year from the date of original CTB approval.
  
• Is the claimant still in classroom training or on-site training or has the training provider placed the individual in job search? If the claimant is not receiving classroom or on?site instruction, the request cannot be granted.
  

2. Training approved under "Director Approved" criteria

WIA, ETP, TAA, or CalWORKs approved training is not restricted to the one-year limitation. However, before an extension of training may be approved, the reason for extending the training must be verified with the training provider.

If the claimant is attending training under Director's Approval (WIA, ETP, TAA, CalWORKs) and wishes to extend the originally approved training, verify the request with the claimant's caseworker.

IMPORTANT: Whenever an extension of the training is approved, the claimant must be advised that although the extension of the training end date has been granted, no additional money has been added to the UI claim. Therefore, unless the claimant qualifies for a subsequent claim, UI benefits may not be available to complete the training.