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Employment Development Department
Employment Development Department

Able and Available AA 40 - Reason for Decision

Attendance At School Or Training

Enter Code Section 1253(c), issue AA, Reason for Decision AA40, with the appropriate letter.

I. DISQUALIFICATION

A. Attended School - Limited Hours/Days

You could not work from ____________ to ____________ because you were attending school or training.

B. Attending School/Training - Limited Hours/Days

You have placed limits on the hours and days you will work because you are attending school or training or plan to attend school or training. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

C. Attending or Plans to Attend School - Not Willing to Accept Employment

You are not willing to accept employment because you are attending school or plan to attend school. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

D. No Longer in Use

E. Attending School/Training – Insufficient Information for Completing Determination

You were scheduled for a telephone eligibility interview on (interview date) to discuss your school attendance as it relates to your availability for work and/or ability to work. Since you were not available for the interview and did not respond to our request for school information, the Department cannot determine if you are available for work while attending school. Therefore, the Department finds you do not meet the legal requirements for payment of benefits.

II. ELIGIBLE

AA. Attending School

You state the claimant may not be available for work because he/she is attending school/planning to attend school. After considering available information, the Department finds the claimant is able and available for work.

BB. Retraining

You state the claimant may not be available for work because he/she is enrolled in a retraining program. Section 1267 of the Unemployment Insurance Code provides that a claimant does not have to meet the availability requirements of the Code as long as he/she is satisfactorily pursuing an approved retraining course.

CC. Not Attending School, AA Issue Raised in Employer Protest

You state the claimant may not be available for work because he/she is attending school. The claimant is not attending school. After considering available information, the Department finds the claimant is available for work.

DD. Attending School

You state the claimant may not be available for work because he/she is attending or planning to attend school. Attendance does not affect eligibility when the classes are not scheduled during the claimants usual and customary working hours. After considering available information, the Department finds the claimant is able and available for work.