                                 CODE OF VIRGINIA

BENEFIT ELIGIBILITY CONDITIONS (§ 60.2-612)

A. An unemployed individual shall be eligible to receive benefits for any week
only if the Commission finds that:

   1. He has, in the highest two quarters of earnings within his base period,
   been paid wages in employment for employers that are equal to not less than
   the lowest amount appearing in Column A of the &#8220;Benefit Table&#8221;
   appearing in &#xA7; 60.2-602 on the line which extends through Division C and
   on which in Column B of the &#8220;Benefit Table&#8221; appears his weekly
   benefit amount. Such wages shall be earned in not less than two quarters.

   2. a. His total or partial unemployment is not due to a labor dispute in
   active progress or to shutdown or start-up operations caused by such dispute
   which exists (i) at the factory, establishment, or other premises, including a
   vessel, at which he is or was last employed, or (ii) at a factory,
   establishment or other premises, including a vessel, either within or without
   this Commonwealth, which (a) is owned or operated by the same employing unit
   which owns or operates the premises at which he is or was last employed and
   (b) supplies materials or services necessary to the continued and usual
   operation of the premises at which he is or was last employed. This
   subdivision shall not apply if it is shown to the satisfaction of the
   Commission that:

      1. He is not participating in or financing or directly interested in the
      labor dispute; and

      2. He does not belong to a grade or class of workers of which, immediately
      before the commencement of the labor dispute, there were members employed at
      the premises, including a vessel, at which the labor dispute occurs, any of
      whom are participating in or financing or directly interested in the
      dispute.
      					b. If separate branches of work which are commonly conducted as
      separate businesses at separate premises are conducted in separate
      departments of the same premises, each such department shall, for the
      purposes of this subdivision, be deemed to be a separate factory,
      establishment or other premises. Membership in a union, or the payment of
      regular dues to a bona fide labor organization, however, shall not alone
      constitute financing a labor dispute.

   3. He is not receiving, has not received or is not seeking unemployment
   benefits under an unemployment compensation law of any other state or of the
   United States; however, if the appropriate agency of such other state or of
   the United States finally determines that he is not entitled to such
   unemployment benefits, this subdivision shall not apply.

   4. He is not on a bona fide paid vacation. If an individual is paid vacation
   pay for any week in an amount less than the individual&#8217;s weekly benefit
   amount his eligibility for benefits shall be computed under the provisions of
   &#xA7; 60.2-603.

   5. He has registered for work and thereafter has continued to report at an
   employment office in accordance with such regulations as the Commission may
   prescribe. The Commission may, by regulation, waive or alter either or both of
   the requirements of this subdivision for certain types of cases when it finds
   that compliance with such requirements would be oppressive, or would be
   inconsistent with the purposes of this title.

   6. He has made a claim for benefits in accordance with regulations the
   Commission may prescribe.

   7. a. He is able to work, is available for work, and is actively seeking and
   unable to obtain suitable work. Every claimant who is totally unemployed shall
   report to the Commission the names of employers contacted each week in his
   effort to obtain work. This information may be subject to employer
   verification by the Commission through a program designed for that purpose.
   The Commission may determine that registration by a claimant with the Virginia
   State Job Service may constitute a valid employer contact and satisfy the
   search for work requirement of this subsection in labor market areas where job
   opportunities are limited. The Commission may determine that an individual,
   whose usual and customary means of soliciting work in his occupation is
   through contact with a single hiring hall which makes contacts with multiple
   employers on behalf of the claimant, meets the requirement that he be actively
   seeking and unable to obtain suitable work by contacting that hiring hall
   alone. In areas of high unemployment, as determined by the Commission, the
   Commission has the authority to adjust the requirement that he be actively
   seeking and unable to obtain suitable work.
   				b. An individual who leaves the normal labor market area of the individual
   for the major portion of any week is presumed to be unavailable for work
   within the meaning of this section. This presumption may be overcome if the
   individual establishes to the satisfaction of the Commission that the
   individual has conducted a bona fide search for work and has been reasonably
   accessible to suitable work in the labor market area in which the individual
   spent the major portion of the week to which the presumption applies.
   				c. An individual whose type of work is such that it is performed by
   individuals working two or more shifts in a 24-hour period shall not be deemed
   unavailable for work if the individual is currently enrolled in one or more
   classes of education related to employment or is continuing in a certificate
   or degree program at an institution of higher education, provided that the
   enrollment would only limit the individual&#8217;s availability for one shift
   and the individual is otherwise available to work any of the other shifts.

   8. He has given notice of resignation to his employer and the employer
   subsequently made the termination of employment effective prior to the date of
   termination as given in the notice, but in no case shall unemployment
   compensation benefits awarded under this subdivision exceed two weeks;
   provided, that the claimant could not establish good cause for leaving work
   pursuant to &#xA7; 60.2-618 and was not discharged for misconduct as provided
   in &#xA7; 60.2-618.

   9. Beginning January 6, 1991, he has served a waiting period of one week
   during which he was eligible for benefits under this section in all other
   respects and has not received benefits, except that only one waiting week
   shall be required of such individual within any benefit year. For claims filed
   effective November 28, 1999, and after, this requirement shall be waived for
   any individual whose unemployment was caused by his employer terminating
   operations, closing its business or declaring bankruptcy without paying the
   final wages earned as required by &#xA7; 40.1-29 of the Code of Virginia.
   Notwithstanding any other provision of this title, if an employer who
   terminates operations, closes its business or declares bankruptcy pays an
   individual his final wages after the period of time prescribed by &#xA7;
   40.1-29 of the Code of Virginia, such payment shall not be offset against the
   benefits the individual was otherwise entitled to receive and shall not, under
   any circumstances, cause such individual to be declared overpaid benefits.

   10. He is not imprisoned or confined in jail.

   11. He participates in reemployment services, such as job search assistance
   services, if he has been determined to be likely to exhaust regular benefits
   and need reemployment services pursuant to a profiling system established by
   the Commission, unless the Commission determines that (i) such claimant has
   completed such services or (ii) there is good cause for such claimant&#8217;s
   failure to participate in such services.

B. Prior to any individual receiving benefits under this chapter, the Commission
shall conduct an incarceration check and an employment identification check to
verify the status of the unemployed individual seeking a claim for benefits.

HISTORY: Code 1950, § 60-46; 1954, c. 203; 1956, c. 440; 1962, c. 270; 1966, c.
30; 1968, c. 9; 1968, c. 738, § 60.1-52; 1970, c. 104; 1974, c. 264; 1976, c.
708; 1977, c. 445; 1980, c. 463; 1981, c. 606; 1982, c. 265; 1983, c. 359; 1984,
c. 458; 1985, c. 563; 1986, c. 480; 1988, c. 521; 1990, c. 908; 1993, c. 249;
1995, c. 436; 2000, c. 573; 2004, c. 496; 2022, c. 668.