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Employment Development Department
Employment Development Department

Able and Available AA 40 - Fact Finding Guide

Attendance At School Or Training

If the claimant is restricting his/her availability to part-time work, it must first be determined whether the claimant meets the part-time work criteria under UI Code Section 1253.8 (refer to BDG AA5 for a complete discussion of the part-time work criteria).

Voluntary Attendance - Willingness to Abandon School

  1. Does the claimant meet the basic eligibility requirements for CTB? If yes, refer claimant to the field office CTB specialist prior to completing the availability determination.
  2. What type of school or training is the student attending?
  3. What is the student’s educational goal and how many years have been completed?
  4. How many semester units is the claimant taking, and how much time is required for study?
  5. Is the claimant participating in any extra-curricular activities?
  6. What financial losses would the claimant incur if school were abandoned? (Consider loss of tuition, student loans, costs of books and other supplies, and potential loss of benefits through, for example, the VA.)
  7. What is the claimant’s past pattern of employment? Has he or she previously quit school in order to accept employment? Does the claimant have a pattern of quitting work to attend school?
  8. What are the claimant’s efforts to seek work? Is the claimant seeking only work that would not interfere with his or her schooling? What type of work is the claimant seeking? Does he or she have the necessary qualifications for this type of work?
  9. Does the claimant have a work application on file? Are there any restrictions regarding hours of availability on the application?

Vocational and Apprenticeship Schools:

  1. Does the claimant contend that he or she will abandon the training for full-time employment? Has he or she ever done so in the past? Does the claimant have a specific job offer upon completion of the course of study?
  2. Does the claimant contend that he or she will abandon the training for full-time employment? Has he or she ever done so in the past? Does the claimant have a specific job offer upon completion of the course of study?
  3. If the claimant is an apprentice and abandons his or her classes which thereby breaks the conditions of the apprenticeship agreement, does the claimant still restrict to work as an apprentice?

Mandatory School Attendance

  1. What type of employment is the student willing to seek and accept? Is this type of work available in the claimant’s labor market area?
  2. Is the student prohibited by law from working the hours which are customary for the type of work sought?
  3. Is there a continuation school which the claimant can attend, and will the school district allow transfer to it?
  4. Has the student’s parent or guardian agreed to sign for the work permit?
  5. If seeking work in the entertainment industry, can the claimant obtain the written authorization of the Labor Commissioner for this type of work and the hours entailed by this type of work, if required by law?