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All employers, whether or not subject to the act, shall submit the following reports, forms, notices and information packets, in such medium as is authorized by the administrator, at the time and under the conditions specified:
 

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 Statement of purpose:  To amend the claim filing procedures to provide for the filing of initial and continuing claims by telephone; to require employers to provide an employee information packet along with the unemployment notice; to amend the definition of good cause for the late filing of an initial or continuing claim.

Be it known that the foregoing regulations are amended as hereinabove stated by the aforesaid agency pursuant to Sec. 31-241 of the General Statutes, as amended by Public Act No. 99-123 of the Public Acts, after publication in the Connecticut Law Journal on October 10, 2000, of the notice of the proposal to amend such regulations, and the holding of an advertised public hearing on the 15th day of November, 2000.
Wherefore, the foregoing regulations are hereby amended as hereinabove stated, effective when filed with the Secretary of State.
In Witness Whereof:  May 8, 2001, Shaun B. Cashman, Commissioner.
Approved by the Attorney General as to legal sufficiently in accordance with Sec. 4-169, as amended, Connecticut General Statutes:  May 21, 2001.
Approved by the Legislative Regulation Review Committee in accordance with Sec. 4-170, as amended, of the General Statutes:  September 5, 2001.
Two certified copies received and filed, and one such forwarded to the Commission on Official Legal Publications in accordance with Sec. 4-172, as amended, of the General Statutes, Secretary of the State:  September 17, 2001.

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For the purposes of sections 31-235-1 through 31-235-27 and sections 31-236-1 to 31-236-57 inclusive of these regulations, the following definitions apply:

(Effective June 24, 1986)

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Except as provided in section 31-235-3 of the Regulations of Connecticut State Agencies, an unemployed individual shall be eligible to receive benefits with respect to any week only if the Administrator finds that:

(1) the individual has made claim for benefits in accordance with the provisions of section 31-240 of the Connecticut General Statutes and has registered for work at the public employment bureau or other agency designated by the Administrator within such time limits, with such frequency and in such manner as prescribed by the Administrator in section 31-222-13 of the Regulations of Connecticut State Agecies, provided failure to comply with this condition may be excused by the Administrator upon a showing of good cause, as defined in section 31-222-13 of the Regulations of Connecticut State Agencies, therefore; and

(2)  notwithstanding sections 31-235-6a and 31-235-20 of the Regulations of Connecticut State Agencies, the individual is physically and mentally able to work and is available for work and has been and is making reasonable efforts to obtain work; and

(3) the individual has been paid wages by an employer who was subject to the provisions of Chapter 567 of the Connecticut General Statutes during the base period of the individual's  current benefit year in an amount at least equal to forty times the individual's benefit rate for total unemployment.

(Effective June 24, 1986)

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An unemployed individual who is sixty-two years of age or older and is involuntarily retired under a compulsory retirement policy or contract provision shall be eligible for benefits with respect to any week only if the Administrator finds that:

(1) the individual has made claim for benefits in accordance with the provisions of section 31-240 and has registered for work at the public employment bureau; and

(2) except as provided in section 31-235-20, the individual is physically and mentally able to work and is available for work; and

(3) the individual has been paid wages by and employer who was subject to the provisions of chapter 567 of the Connecticut General Statutes during the base period of his current benefit year in an amount at least equal to forty times his benefit rate for total unemployment; and

(4) the individual has not refused suitable work to which he has been referred by the Administrator.

(Effective June 24, 1986)

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The Administrator shall find that an individual is physically and mentally able to work so long as the individual is capable of performing some type of remunerative work. Except as provided in sections 31-235-6a and 31-235-12 of the Regulations of Connecticut State Agencies, the Administrator shall find that an individual is able to work with respect to a given week if the individual is physically and mentally able to work during those days and hours which are lawful and customary for the individual's  usual occupation or industry or other suitable work.

(Effective June 24, 1986)

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The Administrator shall not conclude that any individual is unable to work solely because the individual is pregnant.

(Effective June 25, 1986)

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(a) Except as provided in section 31-236-6a of the Regulations of Connecticut State Agencies, in order to find an individual eligible for benefits for any week, the Administrator must find the individual available for full-time work during that week. An individual is available for work if the individual is genuinely exposed to the labor market. An individual is genuinely exposed to the labor market if such individual  is willing, able and ready to accept suitable work.

(b) The Administrator shall find that a labor market exists for an individual, if within a reasonable geographical area, there are jobs for which the individual possesses skills and abilities. The fact that there are more persons in an area qualified for a certain type of job than there are job vacancies does not negate the existence of a labor market for the individual. Restrictions on the type of work an individual is willing to accept shall only render the individual unavailable for work if the Administrator finds that the restriction reduces  such individual's prospects for securing employment to such and extent that  the individual is no longer genuinely exposed to the labor market.

(c) The Administrator may deny benefits on the basis of restricted availability if the Administrator has first advised and given the individual the opportunity to comply with  the requirements of section 31-235 of the Connecticut General Statutes, except as provided in section 31-235-6a of the Regulations of Connecticut State Agencies.

(d) The Administrator shall afford an individual a reasonable period of time within which to seek employment at such individual's  highest skill and wage level. After a reasonable period of time, the Administrator may require the individual to broaden such individual's availability with respect to the type of work and wages the individual is willing to accept.

(Effective June 24, 1986)

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“(NEW)” §31-235-6a.  Availability – Limitations based on physical or mental impairments 

(Effective December 7, 2007)

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Where an individual has established that individual is genuinely exposed to the labor market for a short duration, either because the individual has a reasonably certain date of recall by the individual's  former employer or because the individual  has secured new employment to commence in the near future, the individual must be available for temporary full-time employment, or temporary part-time employment, provided the individual has satisfied the requirements of section 31-236-6a of the Regulations of Connecticut State Agencies, in order to be eligible for benefits.

(Effective June 24, 1986)

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An individual must be available for work within a reasonable distance of his residence. In determining whether an individual is available for work within a reasonable distance, the Administrator shall consider:

(1) availability of public transportation;

(2) personal means of transportation available to the individual;

(3) common commuting patterns for individuals similarly situated;

(4) the individual’s physical condition;

(5) the location of job opportunities.

(Effective June 24, 1986)

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(a) Except as provided in sections 31-235-6a and 31-235-12 of the Regulations of Connecticut State Agencies, an individual must be available for work for those days of the week during which the work for which the individual is suited is customarily performed.

(b) An individual may exclude from the individual's days of availability those days in which such individual's  customary occupation or other suitable work is performed only to a minimal extent.

(Effective June 24, 1986)

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(a) Except as provided in sections 31-236-6a AND 31-235-12 of the Regulations of Connecticut State Agencies, an individual must be available for work during such hours as are lawful and customary for the individual's  usual occupation or industry or for other suitable work.

(b) An individual may exclude from such individual's hours of availability those hours in which the individual's customary occupation or other suitable work is performed only to a minimal extent.

(c) An individual may exclude from the individual's hours of availability those hours which such individual can demonstrate pose a health risk, provided that exclusion of such hours does not severely restrict the individual's exposure to the labor market.

(Effective June 24, 1986)

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Where an individual has become unemployed as the result of a labor dispute, the individual must comply with the provisions of sections 31-235-1 to 31-235-26 inclusive.

(Effective June 24, 1986)

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Notwithstanding the provisions of section 31-235-4, section 31-235-9 and section 21-235-10 of the Regulations of Connecticut State Agencies, and except for the provisions of section 31-235-6a, of the Regulations of Connecticut State Agencies,  the Administrator shall consider an individual to be available for work with respect to a given week if the individual is available for work during the major portion of the week, so long as the individual’s restriction on days of availability is not continuing in nature.

(Effective June 24, 1986)

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(a) Where an individual has become unemployed as the result of a leave of absence granted by the individual’s employer, the individual must comply with the provisions of sections 31-235-1 to 31-235-26 inclusive to be eligible for benefits.

(b) When necessary, the Administrator shall request from the individual’s employer any information he needs concerning the leave of absence.

(Effective June 24, 1986)

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An individual’s religious or moral objection to a particular type of work shall not render the individual unavailable for work, provided such objection does not severely restrict his exposure to the labor market.

(Effective June 24, 1986)

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When an unemployed individual is summoned to jury duty, the Administrator shall consider the individual to be available for work during the performance of such duty.

(Effective June 24, 1986)

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No member of the Connecticut General Assembly shall, during the regular session of the General Assembly, be deemed available for work.

(Effective June 24, 1986)

The Administrator shall not find any individual, who is not authorized under federal law to work in the United States, to be available for work.

(Effective June 24 1986)

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An individual’s participation in a state or municipal workfare program shall not, in and of itself, render the individual unavailable for work.

(Effective June 24, 1986)

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The Administrator shall not consider an individual’s prior patterns of unemployment in determining whether he is available for work. For the purposes of this section, "pattern of unemployment" means regularly recurring periods of unemployment of the claimant in the years prior to his filing the claim in question.

(Effective June 24, 1986)

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(a) The Administrator shall not consider an individual to be unavailable for work solely because such individual  is attending a school, college or university as a regularly enrolled student, provided the individual has not been found ineligible under the provisions of section 31-236(a)(6) of the Connecticut General Statutes. The Administrator shall not consider an individual’s efforts to obtain work to be lacking if, as a student, the individual restricts such efforts to full-time employment, or part-time employment provided the individual has satisfied the requirements of section 31-235-6a of the Regulations of Connecticut State Agencies, which does not conflict with the individual's regular class hours as a student.

(b) Notwithstanding the provisions of subsection (a), any individual who is attending a school, college or university as a regularly enrolled full-time student and who has attended a school, college or university as a regularly enrolled full-time student at any time during the two years prior to the individual's  date of separation from employment shall be considered by the Administrator to be unavailable for work unless the individual has been employed on a full-time basis for the same two-year period.

(c) For purposes of this section, "school" means an established institution of vocational, academic or technical instruction or education, other than a college or university.

(d) For purposes of this section, "regularly enrolled student" means an individual who has completed all forms and processes required to attend a school, college or university and who will attend prescribed classes at the times they are offered.

(e) For purposes of this section, "regularly enrolled full-time student" means an individual who has registered for sufficient credits to constitute full-time status, as determined by the school, college or university.

(Effective June 24, 1986)

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To be available for work, an individual must be willing, able and ready to accept suitable work, irrespective of its union or non-union character.

(Effective June 24, 1986)

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(a) The Administrator shall require that for each week for which a claim for benefits is made, an individual must make reasonable efforts to obtain work.

(b) The Administrator shall deny benefits to an individual on the basis of the individual’s failure to make reasonable efforts to obtain work only if the Administrator has determined the individual to be available for suitable work and the individual’s efforts to obtain work in a given week were inadequate in terms of quantity, type of work sought or method of work search utilized.

(claimant) The Administrator shall not require any individual who is sixty-two years of age or older and who is involuntarily retired under a compulsory retirement policy or contract provision to make reasonable efforts to obtain work.

(d) The Administrator shall not deny benefits on the basis of a failure to make reasonable efforts, unless the Administrator has first advised the individual of the requirements of section 31-235 of the Connecticut General Statutes and given the individual an opportunity to comply.

(Effective June 24, 1986)

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The administrator shall find that an individual’s efforts to obtain work are inadequate in any week if the individual has not brought his skills and aptitudes to the attention of a sufficient number of employers to effectively enhance his prospects for securing suitable work at the earliest possible date.

(Effective June 24, 1986)

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The Administrator shall find inadequate of individual’s efforts to obtain work for which he is not reasonably suited, given his prior work experience and training.

(Effective June 24, 1986)

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The Administrator shall find that an individual’s efforts to obtain work in any week are inadequate of the individual’s work search method is not likely to bring the availability of his skills and aptitudes to the attention of employers.

(Effective June 24, 1986)

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The Administrator shall not deny benefits on the basis of an individual’s failure to make reasonable efforts to obtain work in a given week if the individual is scheduled to commence or return to work on a definite date in the immediate future.

(Effective June 24, 1986)

Sec. 31-235-27. Participation in Profiling  print this regulation (PDF, 84KB)

(a) For purposes of this section, the following definitions apply:

(1) "Administrator" means the Labor Commissioner of the State of Connecticut, whose mailing address is 200 Folly Brook Boulevard, Wethersfield, Connecticut 06109, or his designated representative.

(2) "Due diligence" means the actions a reasonable and prudent person would take under similar circumstances.

(3) "Good faith error" means a reason by an individual identified through the profiling system for failure to participate in a reemployment service, which reason is attributable to an honest mistake that does not rise to the level of gross negligence.

(4) "Participation" in a Reemployment Service" means attendance and a good faith effort to participate in and complete a reemployment service.

(5) "Profiling System" means a system designed by the Administrator to identify unemployment compensation benefit recipients who are likely to exhaust regular benefits and need reemployment services to make a successful transition to new employment.

(6) "Reemployment Service" means a service to which an individual identified through the profiling system has been referred, which is designed to: (a) orientate an individual to the profiling system and assess his need for subsequent services; and/or (b) provide the individual with skills or information to assist him to return to suitable employment.

(b) The Administrator’s responsibilities in the operation of a profiling system shall include, but not be limited to, the following:

(1) Identification of individuals through the profiling system who are likely to exhaust unemployment benefits;

(2) Orientation of individuals regarding available profiling system reemployment services and assessment of the need for such services;

(3) Determination of what, if any, profiling system reemployment services are needed to assist the individual to make a successful transition to new employment;

(4) Referral of individuals, when appropriate, to profiling system reemployment services deemed necessary by the Administrator;

(5) Monitoring of an individual’s participation in referred reemployment services, where necessary;

(6) Scheduling and conducting a hearing to adjudicate eligibility for unemployment benefits pursuant to Section 31-241 of the General Statutes, whenever the Administrator identifies an issue of compliance with respect to an individual’s participation in reemployment service which requires adjudications; and

(7) Making a determination of eligibility with respect to any issue adjudicated pursuant to a subdivision (6) of this subsection.

(c) As a condition of eligibility for unemployment benefits, an individual shall participate in any appropriate, profiling system reemployment service to which he has been referred unless he has completed similar services or he can demonstrate that justifiable cause existed for his nonparticipation.

(d) In considering whether justifiable cause has been shown for the nonparticipation in a profiling system reemployment service, the Administrator shall compare the individual’s actions with the standard of what a prudent and reasonable person would do under similar circumstances and consider all relevant factors, including but not limited to:

(1) "Good faith error" by the individual provided there is no prior history of nonparticipation due to such error. In determining whether good faith error existed, the Administrator shall consider an individual’s level of familiarity with profiling system procedures and requirements and whether the individual’s actions otherwise demonstrate an intent to comply with such procedures and requirements;

(2) Any physical or mental impairment of the individual which may have prevented participation;

(3) Administrative error by the Employment Security Division or the failure of the Division to discharge its responsibilities;

(4) Factors outside the control of the individual which prevented participation;

(5) Participation in a training program approved by the Administrator pursuant to Section 31-236b of the general statutes;

(6) A scheduled interview or appointment with an employer relating to the individual’s efforts to obtain suitable employment;

(7) Employment, the hours of which conflict with participation;

(8) Whether the individual acted with due diligence after the reason for nonparticipation no longer existed;

(9) Whether the individual is currently participating in, or will be the immediate future, participate in similar services.

(e) Any profiling system reemployment service which requires attendance for two days or less in any given week shall not be considered training with approval of the Administrator pursuant to Section 31-236b of the General Statutes.
 

(Effective May 31, 1996)

Sec. 31-231a-l. Definitions print this regulation (PDF, 76KB)

As used in section 31-231a-1 to 31-231a-4, inclusive, the following definitions apply:

(1) "Administrator" means the Labor Commissioner of the State of Connecticut, mailing address is 200 Folly Brook Boulevard, Wethersfield, Connecticut 06l09, or his designated representative.

(2) "Benefits" means unemployment compensation payable to an individual with respect to his unemployment under Chapter 567 of the Connecticut General Statutes.

(3) "Classification Code" means a code contained in the Classification Codes and Statistical Codes Manual published by the National Council on Compensation Insurance, Incorporated (NCCI).

(4) "Construction Worker" means any individual whose classification code is contained in Schedule 26 or Schedule 27 of the Classification Codes and Statistical Codes Manual published by the National Council on Compensation Insurance, Incorporated (NCCI) generally utilized for workers’ compensation and employer liability insurance purposes.

(5) "Employer" means the employer for whom the individual most recently worked prior to establishing a benefit year which commenced on or after April 1, l996.

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For a construction worker, the total unemployment benefit rate for the individual’s benefit year commencing on or after April 1, l996 shall be an amount equal to one twenty-sixth, rounded to the next lower dollar, of the total wages paid during that quarter of the current benefit year’s base period in which wages were the highest, but not less than fifteen dollars nor more than the maximum benefit rate as provided in subsection (b) of Section 31-231a of the general statutes.

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(a) Pursuant to the provisions of Connecticut Agencies Regulations Section 31-222-9(1), the information provided by an employer on an unemployment notice given to a construction worker must contain the individual’s classification code to which the majority of hours worked were charged in the most recent pay period preceding the issuance of such notice.

(b) In cases where the employer fails to provide the individual’s classification code, and the individual indicates that he is a construction worker, the Administrator may take any action he deems necessary and appropriate to obtain the classification code from the employer. This may include appropriate reliance upon the Administrator’s records which indicate the individual’s prior classification code assigned when the individual initiated a previous benefit year.

(c) In cases where the employer fails to provide the individual’s classification code the Administrator shall obtain sufficient information from the individual on which to conclude whether the individual is a construction worker. Where the Administrator determines that an individual is a construction worker, he shall assign to the individual that classification code which he is best able to ascertain is the correct code.

(d) In determining whether an individual is or is not a construction worker under this section, the Administrator shall consider the individual’s most recent employment prior to establishing a benefit year.

(1) However, the Administrator may disregard any non-construction worker employment where such employment relationship:

(A) existed for thirty or less calendar days following the individual’s separation from employment as a construction worker; or

(B) was intended to be temporary in nature, and provided the individual was a construction worker subsequent to the beginning of his base period.

(2) In addition, the administrator may disregard any construction worker employment where such employment  relationship:

(A) existed for thirty or less calendar days following the individual’s separation from non-construction worker employment; or

(B) was intended to be temporary in nature, and provided the individual was engaged in non-construction worker employment subsequent to the beginning of his base period.

Sec. 31-231a-4. Notice of Determination print this regulation (PDF, 75KB)

The determination that an individual’s weekly benefit rate is based upon his classification as a construction worker shall be contained on the Monetary Determination (Form UC-58) issued by the Administrator as a result of such classification. The Administrator may invoke his continuing jurisdiction under C.G.S. Section 31-243 in order to reconsider an individual’s classification as a construction worker.

Sec. 31-236-1. Refusal of work general print this regulation (PDF, 12KB)

(a) An individual shall be ineligible for benefits if the Administrator finds that the individual failed without sufficient cause either:

(1) to apply for available, suitable work when so directed by the Administrator or by the public employment bureau; or

(2) to accept suitable employment when offered to the individual by the public employment bureau or by an employer.

(b) Ineligibility pursuant to subsection (a) shall continue until the individual has returned to work and earned at least six times the individual's  benefit rate.

(c)   (1) Suitable work means either work in the individual's occupation or field or other work for which such individual is reasonably fitted, provided such work is within a reasonable distance of the individual's residence. In determining whether or not any work is suitable for an individual, the Administrator shall consider the degree of risk to the individual's health, safety and morals, the individual's physical and mental fitness and prior training and experience, the individual's skills, the individual's previous wage level and the individual's length of unemployment.

(2) Notwithstanding subdivision (1) of the subsection, for an individual who has limited availability to part-time employment while satisfying the eligibility requirements of section 31-235-6a of the Regulations of Connecticut State Agencies, the Administrator shall not find work to be suitable unless it is consistent with any medical restriction imposed by the individual's licensed physician.

(d) The Administrator shall not deem work to be suitable nor deny benefits under Chapter 567 of the Connecticut General Statutes to any otherwise eligible individual for refusing to accept work under any of the following conditions:

(1) The position offered is vacant due directly to a strike, lockout or other dispute;

(2) The wages, hours or other conditions of work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;

(3) As a condition of being employed the individual would be required to join a company union or resign or refrain from joining any bona fide labor organization;

(4) The position is for work which commences or ends between the hours of one and six o'clock in the morning if the Administrator finds that such work would constitute a high degree of risk to the health, safety or morals of the individual, or would be beyond the physical or mental capabilities or fitness of the individual or there is no suitable transportation available between the individual's home and the individual's  place of employment;

(5) As a condition of being employed the individual would be required to agree not to leave such position if recalled by the individual's  former employer.

Sec. 31-236-2. Bona Fide Offer of Work or Referral to Work print this regulation (PDF, 75KB)

(a) In determining whether an individual refused work, or a referral to work, for sufficient cause, the Administrator must first establish that there was a bona fide offer of work or a definite referral to work. A job referral or offer must be for available work, which means a job actually open to a qualified applicant on the date of the job referral or offer, or for a job available in the near future. Telephone logs or other business records shall be admissible as evidence of a bona fide offer of work or referral to work.

(b) An offer of work can be made only by an employer or his authorized agent or the public employment bureau. A referral to work can be made only by the Administrator or the public employment bureau.

(c) In order to establish that a refusal occurred, the Administrator must determine that the individual knew he was being offered a specific job or a referral to a specific job, and did not accept the specific job or referral.

Sec. 31-236-3. Suitable work-usual occupation or work for which one is reasonably fitted print this regulation (PDF, 75KB)

(a) Suitable work means either work in an individual's usual occupation or work for which he is reasonably fitted. Usual occupation is work which the individual has performed for an appreciable period of time. Short-term employment performed sporadically or incidentally shall not be considered by the Administrator in determining an individual's usual occupation.

(b) Work for which the individual is reasonably fitted means work which the individual can do or be readily trained to do considering his prior training, education. experience, and skills.

Sec. 31-236-4. Reasonable distance of offer of work

In determining whether work offered is within a reasonable distance, the Administrator shall consider:

(1) availability of public transportation;

(2) personal means of transportation available to the individual;

(3) common commuting patterns for individuals similarly situated;

(4) the individual's physical condition;

(5) actual distance in miles between the individual's residence at the time of the offer and the place of employment.

Sec. 31-236-5. Suitable work-degree of risk to health

In determining whether or not work offered is suitable for individual, the Administrator shall consider the degree of risk to the individual's health. In determining the degree of risk, the Administrator may consider the individual's state of health, his physical capabilities, the physical and mental requirements of the job, working conditions and the existence of any medical documentation concerning the individual's limitations. Where an unreasonable risk to the individual's health is established, the Administrator shall find the work to be unsuitable for the individual.

Sec. 31-236-6. Suitable work-degree of risk to safety

In determining whether or not work offered is suitable for an individual, the Administrator shall consider the degree of risk to the individual's safety. Where an unreasonable risk to the individual's safety is established, given his prior training and experience, the Administrator shall find the work to be unsuitable for the individual.

Sec. 31-236-7. Suitable work-degree of risk to morals

In determining whether or not work offered is suitable for an individual, the Administrator shall consider the degree of risk to the individual's morals. In determining the degree of risk, the Administrator shall consider the individual's moral or religious principles and beliefs, and any conflicting work requirements. Where an unreasonable risk to the individual's morals is established, the Administrator shall find the work to be unsuitable for the individual.

Sec. 31-236-8. Suitable work-prior training, experience and skills

The Administrator shall consider an individual's prior training, experience, and skills in determining the suitability of work offered. The Administrator shall afford an individual a reasonable period of time within which to obtain employment at his highest wage and skill level. Where an individual has refused an offer of referral to work which is significantly below his highest wage or skill level before such reasonable period of time has lapsed, the Administrator shall find such work to be unsuitable for the individual.

Sec. 31-236-9. Suitable work-previous wage level

The Administrator shall consider an individual's previous wage level in determining the suitability of work offered. Previous wage level means wages, salary, or benefits most recently received by the individual prior to the establishment of a claim for benefits, except that in establishing a previous wage level, the Administrator may consider other than the most recent earnings where:

(1) the individual's most recent earnings were received for so short a period or under such unusual conditions that the individual cannot reasonably command such earnings regularly; or

(2) the individual's earnings prior to his most recent earnings are higher and indicate that, considering his experience and training, he can command such higher rates at the present time; or

(3) the individual can command higher wages based on education, training or accomplishment; or

(4) the individual cannot obtain employment at his most recent wage level as a result of his incapacity or inability to perform such work, or where the type of employment he most recently performed is no longer in existence.

Sec. 31-236-10. Suitable work-length of unemployment

The Administrator shall consider length of unemployment in determining the suitability of an offer of work. An individual is entitled to a reasonable period of time within which to obtain employment at his highest skill and wage level before work requiring less skill or paying lower wages can be deemed suitable.

Sec. 31-236-11. Sufficient cause for refusal of work or refusal of job referral

An individual may refuse suitable work or a job referral to suitable work for sufficient cause. Sufficient cause for a refusal of suitable work or a job referral to suitable work exists when there is a reasonable basis for such refusal. A reasonable basis for such refusal may include present employment. risk to safety resulting from the geographic location of the work. personal illness or disability, domestic responsibilities of a compelling nature, confinement, or attendance at a training course approved by the Administrator.

Sec. 31-236-12. Refusal of work-labor dispute

The Administrator shall not find any work suitable if the position offered is vacant due directly to a strike, lockout, or other labor dispute.

Sec. 31-236-13. Suitable work-prevailing wages, hours, conditions print this regulation (PDF, 75KB)

(a) The Administrator shall not deny benefits to an individual solely for refusing to accept work if the wages, hours or other conditions of work offered are substantially less favorable to the individual than those prevailing for similar work in the locality, the Administrator shall contact a sufficient number of area employers engaged in similar work to establish with reasonable certainty what wages. hours or conditions are prevailing.

Sec. 31-236-14. Refusal of work-union affiliation print this regulation (PDF, 75KB)

(a) The Administrator shall not deny benefits to an individual solely on the basis of refusing to accept work if, as a condition of being employed, the individual would be required to join a company union, or resign or refrain from joining a bona fide labor organization.

(b) For the purposes of this section, a company union means any committee, employee representation plan or association of employees which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms and conditions of employment which the employer has initiated or created or whose initiation or creation he has suggested or participated in or the formulation of whose governing rules or policies or the conduct of whose management, policies or elections the employer participates in or supervises or which the employer manages, finances, controls, dominates, or assists in maintaining or financing.

Except as provided in section 31-236-14, the union or non-union character of work offered does not alone render such work unsuitable.

Sec. 31-236-16. Refusal of work commencing between 1 and 6 a.m.

The Administrator shall not deny benefits to an individual solely for refusing to accept work if the position is for work which commences or ends between one and six o'clock in the morning and the Administrator finds that:

(1) such work or the surrounding conditions would constitute a high degree of risk to the health, safety or morals of the individual; or

(2) such work would be beyond the physical capabilities or fitness of the individual; or

(3) there is no suitable transportation available between the individual's home and his place of employment.

Sec. 31-236-16a. Refusal of Work-Temporary Help Service/Temporary Employees print this regulation (PDF, 75KB)

(a) Where the Administrator finds that a temporary employee of a temporary help service has refused to accept suitable employment when it is offered to him by such service upon completion of an assignment, the individual shall be ineligible for benefits until the individual has returned to work and earned six times his benefit rate.

(b) In determining whether work offered by a temporary help service is suitable, the Administrator shall consider all of the factors in section 31-236-1 through 31-236-16, inclusive. The Administrator shall consider the temporary nature of the work as a factor in determining suitability, unless the individual has been employed by one or more temporary help services and has worked for one or more temporary help services for more than thirty calendar days.

(c) For purposes of this section, "temporary help service" means any person conducting a business which consists of employing individuals directly for the purpose of part-time or temporary help to others.

(d) For purposes of this section, "temporary employee" means an employee assigned to work for a client of a temporary help service.

Sec. 31-236-17. Voluntary leaving-general print this regulation (PDF, 76KB)

(a) Except as provided in section 31-236-58, an individual shall be ineligible for benefits until he has earned at least ten times his benefit rate if the Administrator finds that he has left suitable work voluntarily, as defined in section 31-236-18, and without good cause attributable to the employer, as defined in section 31-236-19.

(b) No individual shall be ineligible for benefits as a result of a voluntary leaving of work under any of the following circumstances:

(1) where he leaves suitable work for good cause attributable to the employer, including leaving as a result of changes in conditions created by his employer;

(2) where he leaves work to care for a seriously ill spouse or child, or parent domiciled with the individual, provided such illness is documented by a licensed physician;

(3) where he leaves work due to the discontinuance of transportation, other than his personally owned vehicle, used to get to and from work, provided no reasonable alternative transportation is available;

(4) where while on layoff from his regular work he accepts other employment and leaves such other employment when recalled by his former employer;

(5) where he leaves work which is outside his regular apprenticeable trade to return to work in his regular apprenticeable trade;

(6) where he leaves work solely by reason of governmental regulation or statute;

(7) where he leaves part-time work to accept full-time work; and

(8) Where the individual leaves work to protect the individual or a child domiciled with the individual from becoming or remaining a victim of domestic violence, as defined in section 17b-112a of the Connecticut General Statutes, provided such individual has made reasonable efforts to preserve the employment.

Sec. 31-236-18. Voluntary leaving defined

In order to establish that an individual left suitable work voluntarily, the Administrator must find that the individual committed the specific intentional act of terminating his own employment. The Administrator may not find that an individual left suitable work voluntarily if:

(1) upon notification by his employer of a future layoff or discharge, the individual exercised an option, expressly given by his employer, to leave his employment immediately; or

(2) the individual left work as the result of a demand by his employer to either quit or be discharged; or

(3) the individual tendered a notice of resignation to his employer and that employer discharged the individual before the expiration of the notice, except where the employer simultaneously paid the individual in full for the period of notice; or

(4) the individual attempted to rescind a notice of resignation tendered to his employer prior to the expiration of the notice period and the employer had not yet taken substantial steps to replace him.

Sec. 31-236-19. Good cause attributable to the employer

In determining whether an individual's reason for leaving suitable work is for good cause attributable to the employer, the Administrator must find that the reason relates to wages, hours or working conditions which comprise the employment that the individual voluntarily left.

Sec. 31-236-20. Good cause - wages

To determine that an individual voluntarily left suitable work for good cause attributable to the employer, the Administrator must find, with respect to wages, that the individual's employer:

Sec. 31-236-22. Good cause - working conditions

To determine that an individual voluntarily left suitable work for good cause attributable to the employer, the Administrator must find, with respect to working conditions, that:

Sec. 31-236-23. Voluntary leaving to care for seriously ill child, spouse or parent print this regulation (PDF, 12KB)

(a) In order to be found eligible for benefits, an individual who has left suitable work to care for a seriously ill spouse or child, or parent domiciled with the individual must provide documentation, on a form prescribed by the Administrator and signed by a licensed physician, that the spouse, child or parent is seriously ill.

(b) For the purposes of this section, the following definitions shall apply:

(1) "Seriously ill" means suffering from an illness or medical condition requiring continuing daily care.

(2) "Spouse" means the individual's wife or husband through a marriage legally recognized by the state of Connecticut.

(3) "Child" means natural child, adopted child, stepchild, legal ward of the individual, or any child found to be a dependent under section 31-234 of the Connecticut General Statutes.

(4) "Parent" means the individual's natural parent, adoptive parent, stepparent, parent-in-law or any person who served as the individual's legal guardian through the age of majority.

(5) "Domiciled with the individual" means that the individual and his parent have established or are about to establish a mutual residence.

(1) "Abuser" means a family or household member or a current or former sexual partner who engages in the domestic violence, which includes the forms of conduct described in subsection (2) of this section;

(2) "Victim of domestic violence," as defined in section 17b-112a(1) of the Connecticut General Statutes, as amended from time to time, means a person who has been battered or subjected to extreme cruelty by (A) physical acts that resulted in or were threatened to result in physical injury, (B) sexual abuse, (C) sexually activity involving a child in the home, (D) being forced to participate in nonconsensual sexual acts or activities, (E) threats of or attempts at physical or sexual abuse, (F) mental abuse, or (G) neglect or deprivation of medical care; and

(3) "Family or household member" means an individual who falls within any of the categories, as defined in section 46b-38a(2) of the Connecticut General Statutes, as amended from time to time:  (A) spouses, former spouses; (B) parents and their children; (C) persons eighteen years of age or older related by blood or marriage; (D) persons sixteen years of age or older other than those persons in subdivision (C) of this subsection presently residing together or who have resided together; (E) persons who have a child in common regardless of whether they are or have been married or have lived together at any time; and (F) persons in, or who have recently been in, a dating relationship.

(b) The Administrator shall not disqualify an individual from receiving benefits because the individual left suitable work to protect the individual or a child domiciled with the individual from becoming or remaining a victim of domestic violence, as defined in   subsection (a) of this section,  provided such individual has made reasonable efforts to preserve the employment.

(c)(1) The Administrator shall consider the specific facts and circumstances of the individual, the employment, and the domestic violence involved in determining eligibility under this section.  The individual shall provide the Administrator with available evidence necessary to support the individual's claim that he or she left the employment in order to protect the individual or a child domiciled with the individual from becoming or remaining a victim of domestic violence.  Evidence of domestic violence may include, but is not limited to:  (A) police, government agency or court records; (B) documentation from a shelter worker, legal, medical, clerical or other professional from whom the individual has sought assistance in dealing with domestic violence; or (C) a statement from an individual with knowledge of the circumstances which provide the basis for the claim of domestic violence.

(2) An individual's allegations of domestic violence, if  found credible by the Administrator or trier of fact, may be sufficient to make an affirmative determination of the fact of domestic violence.

(3) The filing of a civil  or criminal complaint against the alleged abuser shall not be required as a prerequisite in order to establish the fact of domestic violence.   Nor shall such complaint be required to establish reasonable efforts to preserve the employment.

(4) Upon an affirmative determination of the fact of domestic violence, the Administrator shall determine whether or not the reason the individual left employment was to protect the individual or a child domiciled with the individual from becoming or remaining a victim of domestic violence.

(d) In assessing whether the individual made reasonable efforts to preserve employment, the Administrator shall consider:

(1)  Whether it was feasible under the circumstances for the individual to inform the employer of the domestic violence or threat of domestic violence; and

(2) If so, whether the employer was actually informed; and

(3) Whether the employer responded by offering the individual continuing employment which would not compromise the safety of the individual or the child domiciled with the individual.

(e) When the individual reasonably believed that relocation was necessary to ensure the safety of the individual or a child domiciled with the individual and such relocation interfered with the individual's ability to preserve employment, the Administrator may conclude that no efforts to preserve employment would be reasonable.

(f) When the individual reasonably believed that relocation  was necessary to ensure the safety of the individual or a child domiciled with the individual and such relation interfered with the individual's ability to preserve employment, the Administrator may conclude that no efforts to preserve employment would be reasonable.

(g)  A finding of nondisqualification under this Section does  not relieve the individual of the responsibility to comply with the eligibility requirements enumerated in section 31-235 of the Connecticut General Statutes during any week for which benefits are claimed.

An individual shall be ineligible for benefits until he has earned at least ten times his benefit rate if the Administrator finds that:

(1) he has been discharged or suspended for felonious conduct, as defined in section 31-236-25, in the course of his employment, as defined in section 31-236-26c; or

(2) he has been discharged or suspended for conduct in the course of his employment constituting larceny of property or service, as defined in section 31-236-25a, whose value exceeds twenty-five dollars or larceny of currency, regardless of the value of such currency; or

(3) he has been discharged or suspended for wilful misconduct in the course of his employment, as defined in section 31-236-26; or

(4) he has been discharged or suspended for just cause, as defined in section 31-236-38; or

(5) he has been discharged or suspended for participation in an illegal strike as determined by state or federal laws or regulations; or

(6) having been sentenced to a term of imprisonment of thirty days or longer and having commenced serving such sentence, he has been discharged or suspended during such period of imprisonment; or

(7) he has been disqualified under state or federal law from performing the work for which he was hired as a result of a drug or alcohol testing program mandated by and conducted in accordance with such law.

Sec. 31-236-25. Felonious conduct

Felonious conduct is any act by an individual in the course of his employment, as defined in section 31-236-26c, which would constitute a felony under the laws of the state of Connecticut or under federal law, regardless of whether or not criminal proceedings have been instituted.

Sec. 31-236-25a. Larceny print this regulation (PDF, 75KB)

(a) An individual is ineligible for benefits if he has been discharged or suspended for conduct in the course of his employment, as defined in Section 31-236-26c, constituting larceny of property or services whose value exceeds twenty-five dollars, or larceny of currency, regardless of the value of such currency.

(b) To find that an individual has committed larceny, the Administrator must find that, with intent to deprive another of property or services or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property or services from an owner in the course of his employment.

(c) In determining whether the value of the property or services exceeds twenty-five dollars, the Administrator shall consider the market value of the property or services at the time and place of the larceny or, if such value cannot be satisfactorily ascertained, the cost of the replacement of the property or services within a reasonable time after the larceny.

Sec. 31-236-26. Wilful misconduct-general

To find that any act or omission is wilful misconduct in the course of employment, as defined in section 31-236-26c OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES, the Administrator [must] SHALL find that:

(1)   the individual committed deliberate misconduct in wilful disregard of the employer’s interest, as defined in section 31-236-26a OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES; or

(2)   the individual committed a single knowing violation of a reasonable and uniformly enforced rule or policy of the employer, when reasonably applied, provided such violation is not a result of the employee’s incompetence, as defined in section 31-236-26b OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES; or

(3)   in the case of absence from work, the employee was absent WITHOUT GOOD CAUSE FOR ABSENCE FROM WORK, AS DEFINED IN SECTION 31-236-26d OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES OR without notice, AS DEFINED IN SAID SECTION 31-236-26d, for three separate instances, AS DEFINED IN SAID SECTION 31-236-26d,  within [an eighteen-month] A TWELVE-MONTH period.
 

Sec. 31-236-26a. Deliberate Misconduct

In order to establish that an individual was discharged or suspended for deliberate misconduct in wilful disregard of the employer's interest, the Administrator must find all of the following:

(a) Misconduct. To find that any act or omission is misconduct the Administrator must find that the individual committed an act or made an omission which was contrary to the employer's interest, including any act or omission which is not consistent with the standards of behavior which an employer, in the operation of his business, should reasonably be able to expect from an employee.

(b) Deliberate. To determine that misconduct is deliberate, the Administrator must find that the individual committed the act or made the omission intentionally or with reckless indifference for the probable consequences of such act or omission.

(c) Wilful Disregard of the Employer's Interest. To find that deliberate misconduct is in wilful disregard of the employer's interest, the Administrator must find that:

(1) the individual knew or should have known that such act or omission was contrary to the employer's expectation or interest; and

(2) at the time the individual committed the act or made the omission, he understood that the act or omission was contrary to the employer's expectation or interest and he was not motivated or seriously influenced by mitigating circumstances of a compelling nature. Such circumstances may include:

(A) events or conditions which left the individual with no reasonable alternative course of action; or

 (B) an emergency situation in which a reasonable individual in the same circumstances would commit the same act or make the same omission, despite knowing it was contrary to the employer's expectation or interest.

Sec. 31-236-26b. Knowing Violation

In order to establish that an individual was discharged or suspended for a knowing violation of a reasonable and uniformly enforced rule or policy of the employer, when reasonably applied, the Administrator must find all of the following:

(a) Knowing Violation. To find that an individual engaged in a single knowing violation of a rule or policy of the employer, the Administrator must find that:

(1) the individual knew of such rule or policy, or should have known of the rule or policy because it was effectively  communicated to the individual. In determining whether the rule or policy was effectively communicated to the individual, the Administrator may consider the manner in which the rule or policy was communicated.  Evidence of the employer's actions, including but not limited to, posting of the rule or policy within the company at a place likely to be observed by the employees; explanation of the rule at a training or orientation  session; verbal explanation of the rule to the individual; distribution of a document to the individual which contained the rule or policy; warnings or other disciplinary action; and evidence of the individual's receipt of any document containing the rule or policy should be considered in determining whether the rule or policy was effectively communicated by the employer to the individual;

(2) the individual's conduct violated the particular rule or policy; and

(3) the individual was aware he was engaged in such conduct.

(A) If the rule or policy requires an intentional act, the Administrator must inquire into the individual's  intent to violate such rule or policy.

(i) An example of a rule or policy that requires an intentional act is a rule prohibiting  falsification or deliberate misrepresentation of an employer's business records.

(b) Reasonable Rule or Policy. To find that a rule or policy instituted by an employer is reasonable, the Administrator must find that the rule or policy furthers the employer’s lawful business interest. The Administrator may find an employer rule or policy to be reasonable on its face. For example, a rule prohibiting fighting in the workplace is reasonable on its face. When evidence is offered to demonstrate that the rule or policy is unreasonable, the Administrator may consider whether:

(1) the rule or policy was reasonable in light of the employer's lawful business interest. Examples of reasonable rules or policies that further the employer's lawful business interest may include, but are not limited to, a rule or policy prohibiting eating at the employee's work station to ensure office cleanliness; and a rule or policy requiring employees to wear a hair net or hat while preparing food for customers for health reasons; and

(2) there is a clear relationship between the rule or policy, the conduct regulated and the employer's lawful business interest.

(c) Uniformly Enforced. To find that a rule or policy of the employer was uniformly enforced, the Administrator must find that similarly situated employees subject to the workplace rule or policy are treated in a similar manner when a rule or policy is violated.

(d) Reasonable Application. To find that a rule or policy of an employer was reasonably applied, the Administrator must find:

(1) that the adverse personnel action taken by the employer is appropriate in light of the violation of the rule or policy and the employer's lawful business interest;

(A)   An example of an adverse personnel action that is appropriate in light of the violation of a rule or policy prohibiting tardiness is an individual's discharge or suspension for habitual tardiness without reasonable excuse after warnings.

(B)   An example of an adverse personnel action that is not appropriate in light of the violation of the rule or policy is an individual's discharge for violating a dress code policy, one time, by wearing a skirt that is one inch shorter than that allowable by the policy; and

(2) that there were no compelling circumstances which would have prevented the individual from adhering to the rule or policy. Examples of circumstances which are of a compelling nature include, but are not limited to, serious weather-related problems, rules which are contradictory or require actions that are illegal or improper, rules the adherence to which could result in injury to the health or safety of an individual or other objectively verifiable circumstances which are of a compelling nature.

(e) Incompetence. To find that the violation of a rule or policy of the employer is a result of the individual's incompetence and therefore is not wilful misconduct, the Administrator must find that the individual was incapable of adhering to the requirements of the rule or policy due to a lack of ability, skills or training, unless it is established that the individual wilfully performed below his employer's standard and that the standard was reasonable.

 (1) Examples of a violation of a rule or policy due to incompetence include, but are not limited to, an employee  who is required to perform at a certain level of word processing proficiency, but who fails to perform at such level because he does not have the requisite skills, training or experience; and an employee who is required to meet the employer's standard requiring employees to assemble 20 widgets per hour, but who fails to meet such standard because he is physically unable to meet those requirements.

Sec. 31-236-26c. In the Course of Employment. print this regulation (PDF, 11KB)

(a)  In order for the Administrator to find deliberate misconduct, as defined in Section 31-236-26a or a knowing violation of an employer's rule or policy, as defined in Section 31-236-26b, he must find that the act or omission occurred in the course of employment. In the course of employment means that the conduct must take place during working hours, at a place the employee may reasonably be, and while the employee is reasonably fulfilling the duties of his employment or otherwise performing any service for the employer's benefit.

(b) Off-duty conduct may be considered to have occurred in the course of employment if it is committed by exploitation of the employment relationship.

(1) Exploitation of the employment relationship may be found in cases where the individual engaged in off-duty conduct which was accomplished by knowledge or access acquired through the employment relationship.

(A) Some examples of exploitation of the employment relationship include, but are not limited to, an individual who utilizes his knowledge of the location of his employer's cash register and the fact that a recently installed security system was not yet operational to burglarize the premises; and an individual who uses a company van after hours for his unauthorized personal use.

(c) Off-duty misconduct may be considered to have occurred in the course of employment if it is committed by a public  trust employee.

(1) An individual may be found to be a public trust employee if:

(A)   his primary role and job function is to serve as a guardian of the public trust and safety;

(B)   his job effectiveness is expressly dependent upon the public's respect and confidence, both on and off-duty;

(C)   the individual has explicit written notice of the expected standard of off-duty conduct; and

 (D)   the individual has agreed to the expected standard of off-duty conduct.

(2) Public trust employees may include, but are not limited to, police officers, teachers, and correctional officers.

Section 1. The Regulations of Connecticut State Agencies are amended by adding section 31-236-26d as follows:
print this regulation (PDF, 83KB)

(NEW) Sec.31-236-26d.   Absence from Work Applies to Separations on or After 10/1/04

Section 1. The Regulations of Connecticut State Agencies are amended by adding section 31-236-26d as follows:

(a)   Application.  The Administrator shall apply this section to determine eligibility in all cases in which the individual was discharged or suspended due to absence from work.

    (b)     Definitions.  For the purposes of this section, the following definitions shall apply:

(1) “Good cause for absence from work” means any compelling personal circumstance which would normally be recognized by the individual’s employer as a proper excuse for absence, or which would prevent a reasonable person under the same conditions from reporting for work.  Examples of such good cause shall include, but not be limited to: personal illness or injury which prevented the individual from reporting to work; a serious isolated transportation problem over which the individual had no control; or a sudden event which required the individual to address a compelling personal responsibility or family emergency.

(2)   “Notice” means notification to the employer of absence from work through any reasonable method and within any reasonable timeframe prescribed by the employer. 

(3)   “Separate instance” means “separate instance” as defined in section 31-236(a)(16) of the Connecticut General Statutes.

(c) Elements of wilful misconduct – Absence from work.   In order to establish that an individual was discharged or suspended for absence from work which constituted wilful misconduct in the course of employment under section 31-236-26 of the Regulations of Connecticut State Agencies, the Administrator shall find that all of the following elements have been met:

(1)   the individual had three separate instances of absence from work;

(2)   with respect to each instance of absence, the individual either –

(A)   did not have good cause for absence from work, or

(B)    did not provide notice of such absence to the employer which could have been reasonably provided under the circumstances; and

(3)   the three separate instances of absence occurred within a twelve-month period.
 

(d)  Failure to give notice.  Even if the Administrator determines that the individual had good cause for absence from work, such absence shall be counted as a separate instance under this section if the individual failed to give notice of such absence when such notice could have been reasonably provided under the circumstances. |

(e)  Compelling personal circumstances.  The Administrator shall not find that an individual could have reasonably provided notice if the individual’s failure to provide notice was due to compelling personal circumstances which would have prevented a reasonable person in the same circumstances from providing notice.

(f)   Consecutive days – Separate Instances.  Where an absence without good cause for absence from work or without notice continued for two or more consecutive days, the Administrator shall rely upon the following table to determine the number of separate instances of absence under this section.
                                                          

            Consecutive Days                                                      Instance(s) of Absence
                                           2                                                                                         1
                                           3                                                                                         2
                                           4                                                                                         2
                                           5                                                                                         3
                                           6                                                                                         3
 

(g)      Exclusions.

(1)   Tardiness.  An occasion of tardiness is not a separate instance of absence under this section.  The Administrator shall determine the eligibility of any individual who was discharged or suspended for tardiness under the provisions of section 31-236-28 of the Regulations of Connecticut State Agencies.

(2)   Unauthorized leaving of work.  An individual’s unauthorized leaving of his work site during scheduled working hours after the individual has reported to work is not a separate instance of absence under this section.  The Administrator shall determine the eligibility of any individual who was discharged or suspended for such unauthorized leaving under either section 31-236-26a or section 31-236-26b of the Regulations of Connecticut State Agencies.
 

Sec. 31-236-28. Discharge or suspension for tardiness.

The Administrator shall find that tardiness constitutes wilful misconduct, under section 31-236-26, only if the pattern of tardiness constitutes either wilful disregard of the employer’s interest as defined in section 31-236-26a of these regulations or a knowing violation of a reasonable and uniformly enforced rule or policy of the employer, when reasonably applied, as defined in section 31-236-26b of these regulations.

Sec. 31-236-29. Discharge or suspension for falsification of application

The Administrator shall find that an individual committed an act of wilful misconduct, under section 31-236-26, when it is established that the individual intentionally falsified an employment application which created a material misrepresentation of the individual's qualifications or suitability for the job.

Sec. 31-236-30. Discharge or suspension for garnishment of wages

The Administrator shall not deny benefits to any individual who was discharged or suspended because his wages were garnished by a creditor.

Sec. 31-236-35. Discharge or suspension for union activities

The Administrator shall not find an individual ineligible for benefits if it is established that he was discharged for engaging in lawful union activity, regardless of whether or not proceedings under any applicable federal or state labor laws have been instituted.

Sec. 31-236-37. Discharge; Addiction to drugs or alcohol or drugs

The Administrator shall consider addiction to alcohol or other drugs to be an illness. Where the Administrator finds that an individual was discharged for misconduct resulting from alcohol or drug usage and it is established, by competent medical or professional evidence or testimony that the individual is physically addicted to alcohol or any other drug, such misconduct shall not be deemed intentional or deliberate or reckless, and therefore shall not constitute wilful misconduct under section 31-236-26a.

Sec. 31-236-38. Discharge-just cause print this regulation (PDF, 78KB)

(a) An individual shall be ineligible for benefits if the Administrator finds that the individual was discharged or suspended for committing a single act of wilful misconduct, as defined in section 31-236-26, in the course of his employment which seriously endangered the life, safety or property of his employer, fellow employees or the general public.

(b) Just cause for discharge shall exist where the individual's wilful act resulted in:

(1) significant physical harm to his employer, fellow employee or the general public; or

(2) real and immediate endangerment to the physical well-being of his employer, fellow employee or the general public by knowing violation of his employer's reasonable workplace safety rule or any customary standard of behavior which an employer might reasonably expect of his employees; or

(3) real and immediate endangerment to, or significant damage to, or destruction of the property of his employer, fellow employee or the general public.

Sec. 31-236-39. Leaving by reason of governmental regulation or statute

Where the Administrator finds that an individual left work because the enactment or enforcement of a governmental statute or regulation legally precluded him from performing his job, the individual shall not be ineligible for benefits on account of such leaving.

Sec. 31-236-40. Labor dispute-general 

An individual shall be ineligible for benefits during any week for which the Administrator finds that his total or partial unemployment is due to the existence of a labor dispute other than a lockout at the factory, establishment or other premises at which he is or has been employed, provided the provisions of this subsection shall not apply if it is shown to the satisfaction of the Administrator that:

(1) he is not participating in or financing or directly interested in the labor dispute which caused the unemployment, and

(2) he does not belong to a trade, class or organization of workers, members of which, immediately before the commencement of the labor dispute, were employed at the premises at which the labor dispute occurred, and are participating in or financing or directly interested in the dispute; or

(3) his unemployment is due to the existence of a lockout.

Sec. 31-236-41. Labor dispute-lockout   print this regulation (PDF, 10KB)

(a) A lockout exists whether or not such action is to obtain for the employer more advantageous terms when

(1) an employer failed to provide employment to his employees with whom he is engaged in a labor dispute either by physically closing his plant or informing his employees that there will be no work until the labor dispute has terminated, or

(2) an employer makes an announcement that work will be available after the expiration of the existing contract only under terms and conditions which are less favorable to the employees than those current immediately prior to such announcement; provided, in either event, the recognized or certified bargaining agent shall have advised the employer that the employees with whom he is engaged in the labor dispute are ready, able and willing to continue working pending the negotiation of a new contract under the terms and conditions current immediately prior to such announcement.

(b) For purposes of this regulation, "recognized or certified" means authorized to represent employees:

(1) in accordance with state or federal labor law, or

(2) by the employer's express or implied acknowledgment, or

(3) by an informal process by a majority of employees involved in the labor dispute.

An individual's unemployment ceases to be due to the existence of a labor dispute when his employer notifies the individual that he is discharged and indicates an unwillingness to consider reinstatement of the individual at the end of the labor dispute. In determining whether an individual's employment continues to be due to the existence of a labor dispute or is the result of a discharge by his employer, the Administrator may consider the date of the discharge and any employer actions signifying permanent severance of employment, including payment of severance or vacation pay, or any other accrued benefits, or any other payment customarily associated with separation.

Sec. 31-236-43. Labor dispute-voluntary leaving 

An individual who is ineligible for benefits because his unemployment was due to the existence of a labor dispute, whether or not he subsequently obtains other employment, remains ineligible due to the existence of a labor dispute unless he can demonstrate that he severed his relationship with the employer engaged in the labor dispute, or that the labor dispute has ended.

Sec. 31-236-44. Effect of retirement during the course of a labor dispute 

An individual whose ineligibility for benefits is based originally on the existence of a labor dispute and who subsequently retires, either voluntarily or involuntarily, shall be considered by the Administrator to be unemployed due to retirement rather than to the existence of a labor dispute.

Sec. 31-236-45. Employer remuneration-general print this regulation (PDF, 9KB)

(a) An individual shall be ineligible for benefits during any week with respect to which the individual has received or is about to receive remuneration from his employer or his employer's agent in any of the following forms:

(1) wages in lieu of notice, including any payment made under the federal worker adjustment and retraining notification act; or dismissal payments, including severance or separation payment by an employer to an employee beyond the employee's wages upon termination of the employment relationship, except as provided in section 31-236-46(c); or

(2) any payment by way of compensation for loss of wages or any other state or federal unemployment benefits.

Sec. 31-236-46. Dismissal payments; wages in lieu of notice  print this regulation (PDF, 79KB)

(a) The Administrator shall allocate any wages in lieu of notice or dismissal payments to the week or weeks immediately following separation from employment, except that where an individual's separation occurs before the end of his scheduled work week, the allocation of such payment shall be effective with the day immediately following separation.

(b) Where the Administrator finds that all the terms essential to the computation and distribution of a payment described within this section have not been agreed upon, allocation of such payment shall be effective with the week of receipt.

(c) Where a condition is attached by an employer to the receipt of a payment described within this section which requires the individual to waive or forfeit a right or claim independently established by statute or common law against the employer, the administrator shall find such payment to be non-allocable.

(d) For the purposes of this section, statutory rights or claims include but are not limited to rights established under or claims relative to Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act of 1990, the state or federal Family and Medical Leave Act and any other local, state or federal law, regulation or ordinance. For the purposes of this section, common law claims include but are not limited to claims relative to wrongful discharge under Connecticut law. Contractual recall rights do not constitute statutory or common law rights.

(e) For the purposes of this section, "dismissal payments" means any severance or separation payment, by an employer to an employee beyond his wages upon termination of the employment relationship.

Sec. 31-236-47. Payment by way of compensation for loss of wages   print this regulation (PDF, 79KB)

(a) In order to determine that a payment is a payment by way of compensation for loss of wages with respect to a given week or weeks, the Administrator must find that the payment is provided for by the employment agreement and represents compensation in an amount substantially equivalent to the pay an individual would have received for services rendered if he had actually worked.

(b) The Administrator shall find vacation pay to be a payment by way of compensation for loss of wages when the vacation pay relates to an identifiable week or weeks, either designated as a vacation period by arrangement between the individual, or his representative, and his employer or which is the customary vacation period in the employer's industry. Where the vacation pay relates to an identifiable week or weeks, the Administrator shall allocate the vacation payment to the identifiable week or weeks.

(c) Except as provided in subsection (d) of this section, where the Administrator finds that a vacation payment does not relate to an identifiable week or weeks, the payment shall be allocated effective with the week of receipt or the individual ' s first day of unemployment not otherwise compensated, whichever is later.

(d) Where an employer has closed a Connecticut facility and as a result, an individual has no substantive reemployment rights with that employer, the payment of accrued vacation pay shall not be allocable.

(e) Where an individual is not required to take equivalent vacation time in order to receive vacation pay for a given period under his employment agreement, the Administrator shall not consider such payment to be a payment by way of compensation for loss of wages, but instead shall find it to be a non-allocable bonus payment.

Sec. 31-236-48. Other unemployment benefits; workers' compensation 

An individual shall be ineligible for benefits during any week with respect to which the individual has received or is about to receive remuneration in the form of:

(1) unemployment benefits under any federal law, except for benefits paid under section 407 (a) of the Disaster Relief Act of 1974; or

(2) unemployment benefits paid by any state other than Connecticut; or

(3) compensation for temporary disability under any worker's compensation law, except that where an individual is being compensated for temporary partial incapacity for a given week in an amount less than his weekly benefit rate, the Administrator shall deduct such payment from his entitlement for that week dollar for dollar.

Sec. 31-236-49. Allocation of vacation pay during a week in which holiday pay is allocable 

In the event that a paid holiday falls during a week in which vacation pay is allocable, the Administrator shall allocate both payments to the same week.

Sec. 31-236-50. Allocation of strike benefits 

Payments rendered by a union to an individual involved in a labor dispute shall have no effect on the individual's benefit entitlement.

Any payments made under a contractual or employer-sponsored plan, created for the purpose of supplementing unemployment benefits is not compensation for loss of wages and shall have no effect on the individual's benefit entitlement.

Sec. 31-236-52. Receipt of welfare benefits 

Any payments made under any public welfare or workfare program shall have no effect on the individual’s benefit entitlement.

Sec. 31-236-53. Sick leave 

Where an individual’s employment has terminated, the Administrator shall consider any payment for unused sick leave to be a bonus, and as such, non-allocable.

Sec. 31-236-54. Voluntary leaving to attend school  print this regulation (PDF, 76KB)

(a) An individual shall be ineligible for benefits if the Administrator finds that the individual has left employment to attend a school, college or university as a regularly enrolled full-time student for so long as the individual is in attendance.

(b) For purposes of this section, "school" means an established institution of vocational, academic or technical instruction or education, other than a college or university.

(c) For purposes of this section, "regularly enrolled full-time student" means an individual who has registered for sufficient credits to constitute full-time status, as determined by the school, college or university.

Sec. 31-236-55. Second benefit year 

An individual shall be ineligible for benefits if the Administrator finds that, having received benefits in a prior benefit year, the individual has not again become employed and been paid wages since the commencement of said prior benefit year in an amount equal to the greater of three hundred dollars or five times his weekly benefit rate by an employer subject to the provisions of chapter 567 or by an employer subject to the provisions of any other state or federal unemployment compensation law.

Sec. 31-236-56. Voluntary retirement  print this regulation (PDF, 10KB)

(a) Where the Administrator determines that an individual voluntarily retired, the individual shall be ineligible for benefits until he has again become employed and been paid wages at least 40 times his benefit rate, except that an individual shall be eligible for benefits if the Administrator finds that an individual retired because:

(1) his work had become unsuitable considering his physical condition and the degree of risk to this health and safety; and

(2) he had requested of this employer other work which was suitable, provided that it is established that such a request could have provided a reasonable alternative to leaving employment; and

(3) his employer did not offer him suitable work.

(b) The Administrator shall find that an individual voluntarily retired if the individual terminated his employment solely by his own choosing pursuant to a non-compulsory retirement plan, whether or not pension benefits become payable as a result of such termination.

(c) The Administrator shall not find that an individual voluntarily retired if such termination was primarily induced by efforts of the individual’s employer to close his facility or eliminate the individual’s position, or if the individual reasonably believed his employment would be severed if he rejected his employer’s inducement to retire.

Sec. 31-236-57. Eligibility of an individual in training approved under the Trade Act of 1974   print this regulation (PDF, 9KB)

(a) The Administrator shall not deny benefits to an otherwise eligible individual for any week because he is in training approved under Section 236(a)(1) of the Trade Act of 1974, or because he left work to enter such training, provided the work left is not suitable work, or because, during any week he was in such training, the Administrator found he was unavailable for work, failed to make reasonable efforts to obtain work or refused to accept work.

(b) For purposes of this regulation, "suitable work" means, with respect to an individual, work of a substantially equal or higher skill level than the individual’s past adversely affected employment, as defined for purposes of the Trade Act of 1974, and wages for such work at not less than eighty percent of the individual’s average weekly wage as determined for purposes of the Trade Act of 1974.

Sec. 31-236-58. Voluntary separations from part-time employment  print this regulation (PDF, 16KB)

(a) The Administrator shall find that any individual who has voluntarily left part-time employment under conditions which would otherwise render him ineligible pursuant to Section 31-236(a)(2)(A) of the General Statutes, who has not earned ten times his weekly benefit rate since such separation and who is otherwise eligible for benefits is eligible to receive benefits only as described in subdivision (1) or (2) of this subsection.

(1) If the individual’s separation from part-time employment precedes a compensable separation from his full-time employment, the Administrator shall determine the individual’s weekly entitlement for each week of partial eligibility pursuant to this subdivision solely on the basis of those wages paid to him by such full-time employer during the base period of his current benefit year. When an individual is subject to partial eligibility pursuant to this subdivision, his maximum limitation on total benefits during his benefit year shall be reduced to reflect such redetermined weekly entitlement, unless and until the individual earns ten times his weekly benefit rate. Effective with the week in which the individual first earns ten times his weekly benefit rate or the week in which he first files a continuing claim thereafter, the individual’s eligibility shall be based on his weekly benefit rate, and his maximum limitation on total benefits shall again be equal to twenty-six times his weekly benefit rate.

(2) If the individual’s separation from part-time employment follows a compensable separation from his full-time employment, the Administrator shall find that for each week of partial eligibility pursuant to this subdivision, the individual is entitled to benefits in an amount equal to the partial unemployment benefits he would have received pursuant to Section 31-229 of the General Statutes, but for such separation from his part-time employment. The Administrator shall determine the individual’s benefits payable for each week of partial eligibility by deducting from his weekly benefit rate two-thirds, rounded to the next higher whole dollar, of the average weekly wages, rounded to the nearest whole dollar, earned by the individual at the subject part-time employment, except that for the week in which the separation from part-time employment occurred, the Administrator shall make such determination based on actual earnings if higher than average weekly wages, as determined under this subdivision. The Administrator shall ascertain the average weekly wages earned by the individual at such part-time employment by:

(A) obtaining from such part-time employer (or from the individual, through appropriate documentation such as the individual’s pay stubs) certification of the gross wages earned by the individual with respect to each of the six weeks immediately preceding the week in which the individual separated from such part-time employment, and

(B) dividing the total of such wages by six, or by the number of weeks in which the individual engaged in part-time employment, if less than six. The individual’s maximum limitation on total benefits pursuant to Section 31-231b of the General Statutes shall not be affected by a determination of partial eligibility pursuant to this subdivision. Any determination of partial eligibility pursuant to this subdivision shall extend only until the individual has earned ten times his weekly benefit rate subsequent to this separation from such part-time employment.

(b) The Administrator shall not charge any employer, who provided part-time employment from which a separation was subject to the provisions of this section, for any benefits received by the individual for weeks subsequent to such separation. This subsection shall be applied in a manner consistent with the provisions of Section 31-225a of the General Statutes.

c) For the purposes of this section, the following definitions apply:

(1) "Compensable separation" means a separation from employment for a reason which does not preclude a finding of eligibility under the provisions of Chapter 567 for the week claimed, provided such separation did not occur prior to the first day of the individual’s base period.

(2) "Full-time employment" means any job normally requiring thirty-five hours or more of services each week.

(3) "Part-time employment" means any job normally requiring less than thirty-five hours of service each week.

(4) "Weekly benefit rate" means an individual’s total unemployment benefit rate, as defined in Section 31-231a of the General Statutes.

(a)   An individual's enrollment in training shall be approved for the purpose of Section 31-236b if  the Labor Commissioner finds that the training is sponsored or approved by the State Labor Department, or any other department of state or federal government or municipality in the state, or any labor organization, or private employer and meets these guidelines for approval by the Labor Commissioner.

(1)   the training relates to or develops positive work search approaches to occupations or skills for which there are, or are expected to be, immediate future employment opportunities in the labor market area in which the individual intends to seek work.

(2)   reasonable employment opportunities for which the unemployed individual is fitted by training, experience and physical capabilities at his highest skill level do not exist or have substantially diminished in his labor market.

 (3)  the individual has the required qualifications and aptitudes as determined by the training  facility or sponsor to complete the course successfully.

 (b)  Such approval shall continue for each week the individual files a claim for benefits and provides certification from the training facility that he is enrolled in and satisfactorily pursuing the course of instruction.

 (c)  Any individual who has accepted training under Title III Section 302 of the Job Training Partnership Act (P.L. 97-300) shall be deemed to be in training with the approval of the administrator pursuant to Section 31-236b.  (Effective October 30, 1985).

Sec. 31-244-1a. Definitions 

As used in sections 31-244-1a through 31-244-9a inclusive:

(a) "Administrator" means the Labor Commissioner of the State of Connecticut, whose mailing address is 200 Folly Brook Boulevard, Wethersfield, Connecticut 06109, or his designated representative.

(b) "Benefits" means unemployment compensation payable to an individual with respect to his unemployment under Chapter 567 of the General Statutes.

(c) "Claimant" means an individual who is filing or has filed a claim for benefits.

(d) "Predetermination hearing" means a hearing called by the Administrator, pursuant to Section 31-241 of the General Statutes, for the purpose of finding facts necessary to make a determination of eligibility for benefits.

(e) "Rebuttal" means an opposing or explanatory statement by an individual in response to potentially adverse information or a contradictory statement.

Sec. 31-244-2a. Predetermination Hearings 

The Administrator shall schedule a predetermination hearing in any instance in which (a) an individual's claim for benefits indicates that his reason for unemployment presents an issue of eligibility under any provision of Subsection (d) of Section 31-227 or 31-236 of the General Statutes, or Section 31-235 of the General Statutes if the Administrator determines that the issue of the individual's availability for work relates to the circumstances of his separation, or (b) the Administrator cannot reasonably determine from the individual's claim or by contacting the separating employer by telephone at the time the claim is made that his reason for unemployment was lack of work or some other form of non-disqualifying involuntary termination.

Sec. 31-244-3a. Notice of Predetermination Hearing 

(a) Except as provided in subsections (e) and (f), a claimant may elect to participate in a predetermination hearing by appearing in person or by telephone. The administrator will allow the claimant to participate solely by submitting a written statement when the claimant has a compelling personal reason that prevents his appearance in person or by telephone including but not limited to his return to employment.

(b) The Administrator shall promptly provide written notice of the predetermination hearing to the individual and shall mail written notice to the employer of the date, time and place of the predetermination hearing, as well as a brief statement of the reason for unemployment provided by the claimant to be adjudicated at such hearing. The notice will specify a time range during which the claimant should be available when telephone participation is elected.

(c) The hearing notice to the employer shall specify that the employer may elect to participate in a predetermination hearing by appearing in person, by telephone or by submitting a written response to the hearing notice, containing the employer's account of the circumstances surrounding the individual's separation. The Administrator may provide specific questions to be answered in writing by the employer. The notice will specify a time range during which the employer's designated representative should be available when telephone participation is elected.

(d) Where technologically feasible, the administrator may authorize either party to participate in a predetermination hearing by other electronic means.

(e) The administrator may deny a party's request to participate by telephone in a predetermination hearing where the administrator concludes that in light of highly complex questions of fact or law or other unusual circumstances, telephone participation would significantly undermine the effectiveness of the adjudication process.

(f) The Administrator will not generally allow telephone participation in a hearing which is being conducted solely to adjudicate eligibility issues arising in conjunction with a continuing claim for benefits (e.g. availability for work, reasonable efforts to find work) and may disallow telephone participation whenever such issue is being adjudicated concurrently with a predetermination hearing.

(g) The hearing notice shall inform the claimant and the employer of their rights in the predetermination hearing including:

(1) the right to be represented by any person, including an attorney;

(2) the right to present evidence, documents and witnesses; and

(3) the right to cross-examine witnesses and parties, so long as the Administrator deems such cross-examination to be appropriate and relevant.

(h) The Administrator shall schedule each predetermination hearing no earlier than the tenth calendar day following the issuance of notice of such hearing.

(i) The Administrator shall mail the notice of the predetermination hearing to the employer's address that appears on the Notice of Separation (Form UC-61). Where no Notice of Separation is provided to the Administrator, the Administrator shall mail the predetermination hearing notice to the most recent address of record provided by the employer to the Administrator's Employer Status Unit.

In order to be considered timely for purposes of Section 31-241 of the General Statutes, an employer's written response to notice of a predetermination hearing must be actually received by mail, in person or by facsimile machine (FAX) in the office of the Administrator where such hearing is scheduled to be heard by the time the hearing is scheduled to commence on  the scheduled hearing date. In cases where the employer elects to participate in the predetermination hearing process by telephone, such election must be communicated to the administrator no later than the close of business, two days prior to the date of said hearing along with the name, title and telephone number of the individual who will participate in the predetermination hearing on behalf of the employer. Nothing in this section precludes consideration of a late response received before an eligibility determination is made, or subsequent to such determination in the Administrator's exercise of continuous jurisdiction under Section 31-243. However, such consideration shall not relieve the employer of any charges imposed pursuant to Section 31-241 as a consequence of untimely response.

In order to insure timely determinations of eligibility for benefits, it shall be the general practice of the Administrator to deny postponement requests. The Administrator may grant a request for postponement in extraordinary circumstances where the rights of one or both parties would be substantially prejudiced by denying such a request and the effect of such denial could not be mitigated by the opportunity for submission of a written statement or participation by telephone or other electronic means. The granting of any postponement request shall be at the sole discretion of the Administrator.

 

An employer’s account shall not be charged as a direct consequence of the employer’s failure to participate in person or in writing in a predetermination hearing in any instance in which an individual’s separation from such employer was not adjudicated (a) due to the Administrator’s failure to identify the issue at the time the individual initiated his claim, or (b) because the individual wilfully failed to disclose employment and a subsequent separation from such employment, including any incident of fraud identified by the Administrator.

Sec. 31-244-7a. Determination of adequacy of the employer’s written response 

An employer’s written response to notice of a predetermination hearing must contain adequate information to be considered a timely response within the meaning of Section 31-241. To be considered adequate, an employer’s written response must (a) specify the reason for the separation, and (b) answer, in good faith, the questions corresponding to the appropriate separation issue, either by completing the appropriate areas of the questionnaire provided to the employer with the predetermination hearing notice or by submitting relevant alternate documentation, or both. The Administrator shall determine whether an employee’s written response is adequate. So long as an employer substantially complies with (a) and (b) above, the Administrator shall determine that an employer’s written response is adequate, regardless of the quality and content of such response.

Sec. 31-244-8a. Conduct of the Predetermination Hearing   print this regulation (PDF, 13KB)

(a) The Administrator will control and conduct the predetermination hearing informally through examination of the record and direct questioning as he determines necessary for a proper and complete decision.

(b) In conducting the hearing, the Administrator will not be bound by the ordinary common law or statutory rules of evidence or procedure.

(c) The issue(s) addressed at the predetermination hearing will be confined to the issue(s) listed on the hearing notice. A hearing will not be conducted regarding any other eligibility issue which is identified by the Administrator during the predetermination hearing unless the parties are afforded proper notice of such issue and hearing.

(d) An issue stated in terms of a voluntary leaving or a discharge shall generally be construed to be a single issue covering the separation from employment so that the record may be developed on either or both kinds of separation.

(e) The Administrator may limit or deny a party's right to cross-examination whenever he determines that such cross-examination is not producing or would not produce information useful or relevant to adjudication of the claim.

(f) The Administrator may limit or exclude from the record testimony, documents or other evidence which he determines to be incompetent, irrelevant, unduly repetitious or otherwise improper.

(g) The Administrator shall not permit any individual present at the predetermination hearing to engage in improper behavior or tactics which disrupt the fair, orderly, efficient and effective conduct of the hearing. The Administrator may, in his own discretion, take any action he deems necessary to prevent or discontinue such behavior or tactics, including termination of the hearing.

(h) During a predetermination hearing, on the Administrator's own motion or on the motion of any interested party, and at the sole discretion of the Administrator, a continuance may be granted for good cause and the record kept open for a specified period of time.

(i) The Administrator will contact by telephone any party who has provided timely notice of an intent to participate by telephone on the date of the scheduled hearing during the time range on the hearing notice.

(j) The Administrator may develop and utilize any forms or questionnaires deemed necessary for use in the hearing process.

(k) The Administrator shall take all steps necessary to insure that any party, whether participating in person, in writing, by telephone or by other electronic means to a predetermination hearing, is afforded appropriate opportunity for rebuttal. However, where an employer's participation is limited to a written statement and the employer has not indicated an interest in participating by telephone, the administrator will attempt to contact the employer by telephone where there is a clear conflict between the factual accounts offered by each party and adjudication of the fact(s) in dispute is necessary to disposition of the claim. Where information resulting from such contact is provided by the employer when the individual is no longer physically or telephonically present, the individual will be informed of the information provided by the employer. The individual will be provided an appropriate opportunity for rebuttal of any potentially disqualifying information acquired as a result of such contact, regardless of when such information was provided.

(l) The Administrator shall use best efforts to accurately summarize and record in writing the relevant statements of both parties and any witnesses in a predetermination hearing and shall further use best efforts to verify that the statement accurately reflects the parties’ testimony.

(m) Either party may request and receive, within a reasonable time period, a copy of any adjudicative report created by the administrator during a predetermination hearing.

Sec. 31-244-9a.    Employer's appeal of charges resulting from its nonparticipation in the predetermination hearing. 

The issue of an employer's non-participation in a predetermination hearing may not be the subject of an appeal to an Employment Security Appeals Referee until the effect of such non-participation is reflected in either a statement of quarterly charges (Form UC-54Q) in the case of a contributing employer, or in the case of a reimbursing employer, a monthly billing statement. The employer may appeal its assessment of charges resulting from its non-participation in the predetermination hearing upon receipt of the first statement of quarterly or monthly charges which includes charges resulting from the employer's non-participation at the predetermination hearing.  Such statement of quarterly or monthly charges shall be the only determination of the Administrator through which the issue of nonparticipation may be appealed.  A contributing employer’s appeal from this determination must be made pursuant to the provisions of Section 31-225a(h)(3) of the Connecticut General Statutes.  A reimbursing employer’s appeal from this determination shall be made pursuant to the provisions of Section 31-225(g)(2)(D) of the Connecticut General Statutes.

For purposes of sections. 31-237-1 through 31-273-9 inclusive of these regulations, the following definitions apply:

(a) "Administrator" means the Labor Commissioner of the State of Connecticut, whose mailing address is 200 Folly Brook Boulevard, Wethersfield, Connecticut 06109, or his designated representative.

(b) "Benefits" means unemployment compensation payable to an individual with respect to his unemployment under Chapter 567 of the Connecticut General Statutes.

(c) "Benefit year" means the period commencing with the beginning of the week with respect to which an individual has filed a valid initiating claim and continuing through the Saturday of the fifty-first week following the week in which it commenced, provided no benefit year shall end until after the end of the third complete calendar quarter, plus the remainder of any uncompleted calendar week which began in such quarter, following the calendar quarter in which it commenced.

(d) "Repayment schedule" means a mandatory timetable established by the Administrator whereby the individual on a monthly basis, or such other basis as the Administrator determines appropriate, reduces his overpayment balance by the issuance of a check, money order or such other payment to the Administrator as is deemed acceptable by the Administrator until the account is paid in full.

(e) "Wage execution" means a process executed in accord with the provisions of Section 52-361a of the Connecticut General Statutes.

(f) "Weekly benefit amount" means an individual’s total unemployment benefit rate, as defined in Section 31-231a of the Connecticut General Statutes, plus any dependency allowance for which the individual has been determined eligible, pursuant to Section 31-234 of the Connecticut General Statutes, for a given week.

Sec. 31-273-2. Non-fraud overpayments: Notice, hearing and determination  print this regulation (PDF, 23KB)

(a) Where the Administrator determines that an individual has through error received any sum as benefits while any condition for the receipt of benefits imposed by Chapter 567 of the General Statutes was not fulfilled with respect to his claim, or that an individual has received a greater amount of benefits than was due him, such individual shall be charged with an overpayment of a sum equal to the amount so overpaid. The Administrator shall take such action unless he determines that repayment or recoupment would defeat the purpose of the benefits or be against equity and good conscience and should be waived pursuant to Section 31-273-4. The Administrator shall charge the individual with an overpayment only so long as such error has been discovered and brought to the individual’s attention within one year of the date of receipt of such benefits, except as provided in subsection (i) of this section.

(b) Where the Administrator identifies a question of eligibility pursuant to Chapter 567 of the General Statutes with respect to one or more weeks for which an individual was previously paid any sum of benefits, the Administrator shall give adequate notice to the individual that a hearing will be held by the Administrator for the purpose of determining whether the individual was eligible for benefits for such week or weeks. The notice to the individual shall include:

(1) the time and place of such hearing;

(2) notification that such hearing will be conducted in accordance with the provisions of Section 31-273-8;

(3) identification of the question or questions of eligibility to be addressed at such hearing;

(4) notice that a determination of ineligibility or non-entitlement for any week or weeks or part of any week or weeks will result in the charging of an overpayment to the individual, and that if the individual’s receipt of such sum of benefits was not due to fraud, wilful misrepresentation or wilful nondisclosure of a material fact by himself or through the agency of another, he shall also have the following issues considered at the same hearing.

(A) the exact amount of benefits overpaid to the individual;

(B) whether repayment or recoupment of such sum would defeat the purpose of the benefits or be against equity and good conscience and should be waived, pursuant to section 31-273-4; and

(C) if no waiver is made pursuant to subparagraph (B) of this subdivision, whether such overpaid benefits shall be recouped by offset from the individual’s weekly unemployment benefits;

(5) notice to the individual that if he fails to appear at such hearing, the Administrator will proceed to adjudicate all issues identified in this section and make a determination with respect to those issues on the basis of the record available to the Administrator, pursuant to subsection (c) of this section; and

(6) notice that the Administrator’s determination or any portion thereof may be appealed to the Employment Security Appeals Division.

The hearing held by the Administrator shall be conducted in accordance with the provisions of Section 31-273-8.

(c) Where the individual is determined to be ineligible for benefits as the result of a hearing conducted in accordance with the provisions of Section 31-273-8 or upon review of the available record, the Administrator shall issue a determination which contains the following information:

(1) the reason the individual was ineligible for or not entitled to benefits;

(2) the week or weeks for which the individual was overpaid as the result of such ineligibility or non-entitlement;

(3) the total amount of the overpayment;

(4) whether such overpayment has been waived, pursuant to Section 31-273-4;

(5) if not waived, the manner in which such sum shall be recouped, by offset from the individual's weekly unemployment benefits pursuant to section 31-273-3; and

(6) the individual’s statutory appeal rights.

However, where, as the result of a hearing conducted pursuant to subsection (b) of this section, the Administrator determines that an individual has been overpaid benefits but that additional evidence is necessary to make a proper determination as to whether such overpayment should be waived, pursuant to Section 31-237-4, and that such evidence could be obtained by the individual within a reasonable period of time, the Administrator may issue a determination with respect to subdivisions (1), (2) and (3) of this subsection immediately, and issue a subsequent determination with respect to subdivisions (4) and (5) of this subsection after the individual has been afforded a reasonable opportunity to present any additional evidence to support his request for waiver of the overpayment. In each determination, the Administrator shall afford the individual statutory appeal rights.

(d) Where the Administrator detects that an individual has been overpaid benefits as a result of a clerical or computional error in the processing of any weekly claim for benefits, the Administrator shall notify the individual that he has been charged with an overpayment of such benefits, the amount of the overpayment and that he has a right to a hearing to be held by the Administrator to address:

(1) whether or not the individual was overpaid benefits and the reasons therefor;

(2) the exact amount of benefits overpaid to the individual;

(3) whether repayment or recoupment of such sum would defeat the purpose of the benefits or be against equity and good conscience and should be waived, pursuant to section 31-273-4; and

(4) if no waiver is made pursuant to subdivision (3) of this subsection, whether such overpaid benefits shall be recouped by offset from the individual’s weekly unemployment benefits, pursuant to Section 31-273-3.

In addition, the Administrator shall notify the individual that if he does not exercise his right to such hearing within fourteen days of the date such notification was mailed, or if he waives in writing his right to such hearing the Administrator will issue a determination with respect to these issues on the basis of the record available to the Administrator, which may be appealed to the Employment Security Appeals Division.  Where an individual exercises his right to such hearing, the Administrator shall issue a formal notice of hearing containing the provisions outlined in subsection (b) of this section.  The hearing held by the Administrator shall be conducted in accordance with the provisions in Section 31-273-8.  Where the Administrator concludes during the course of such hearing that an overpayment does not exist, those issues relating to overpayment in subdivisions (2), (3), and (4) of this subsection will not be addressed in the hearing.

(e) Where an overpayment is found to exist as a result of the hearing or review of the available record referred to in subsection (d) of this section, the Administrator shall issue a determination which contains the following information:

(1) the reason the individual was ineligible for or not entitled to benefits;

(2)  the week or weeks for which the individual was overpaid as the result of such ineligibility or non-entitlement;

(3)  the total amount of the overpayment;

(4)  whether such overpayment has been waived, pursuant to Section 31-273-4;

(5)  if not waived, the manner in which such sum shall be repaid by offset from the individual's weekly unemployment benefits pursuant to Section 31-273-3; and

(6)  the individual's statutory appeal rights.

(f) Where the Administrator determines that an individual has been overpaid benefits as the result of a decision by an Appeals Referee, the Board of Review or any state or federal court which reverses a prior decision and which has become final, or as the result of a redetermination of his weekly benefit amount which has become final, the Administrator shall notify the individual that he has been charged with an overpayment of such benefits and that he has the right to a hearing to be held by the Administrator which will consider the following issues only:

(1) determination of the exact amount of benefits overpaid to the individual as a result of such decision;

(2) whether repayment or recoupment of such sum would defeat the purpose of the benefits or be against equity and good conscience and should be waived, pursuant to Section 31-273-4;

(3) if no waiver is made pursuant to subdivision (2) of this subsection, whether such overpaid benefits shall be recouped by offset from the individual’s weekly unemployment benefits pursuant to Section 31-273-3.

In addition, the Administrator shall notify the individual that if he does not exercise his right to such hearing within fourteen days of the date such notification was mailed, or if he waives in writing his right to such hearing, the Administrator will issue a determination with respect to the issues identified in subdivisions (1), (2), and (3) of this subsection on the basis of the record available to the Administrator, which may be appealed to the Employment Security Appeals Division.

(g) Where an individual exercises his right to a hearing, pursuant to subsection (f) of this section, the Administrator shall issue a formal notice of hearing which includes:

(1) the time and place of such hearing;

(2) notification that such hearing will be conducted in accordance with the provisions of Section 31-273-8;

(3) identification of the issues to be addressed at such hearing, as described in subsection (f) of this section; and

(4) notice to the individual that if he fails to appear at such hearing, the Administrator will proceed to adjudicate all issues identified in this section and make a determination with respect to those issues on the basis of the record available to the Administrator.

The hearing held by the Administrator shall be conducted in accordance with the provisions of Section 31-273-8.

(h) Following any hearing or review of the available record by the Administrator pursuant to subsection (g) of this section, the Administrator shall issue a determination to the individual which contain the following information:

(1) the exact amount of benefits overpaid to the individual and the weeks for which the individual was overpaid;

(2) whether such overpayment has been waived, pursuant to Section 31-273-4;

(3) if not waived, the manner in which such sum shall be repaid by offset from the individual's weekly unemployment benefits pursuant to Section 31-273-3; and

(4) where no waiver has been made, the individual’s statutory appeal rights.

(i) The requirement that error be discovered and brought to the attention of the individual within one year of the date of receipt of benefits, imposed by subsection (a) of this section shall not apply to any overpayment resulting from a decision which was appealed and did not become final within such time limitations. In such cases, overpayment resulting from such error must be discovered and brought to the attention of the individual within one year from the date upon which the controlling decision became final.

(Effective October 1995)

Sec. 31-273-3. Recovery of non-fraud overpayments  print this regulation (PDF, 16KB)

(a) Except as provided in subsections (b) and (c) of this section, where the Administrator determines that any sum of benefits which was overpaid to an individual for reasons other than fraud, wilful misrepresentation or wilful nondisclosure of a material fact by himself or through the agency of another should not be waived pursuant to Section 31-273-4, and such decision has become final, such overpayment shall be recouped by offset from any unemployment benefits subsequently payable to the individual in an amount equal to fifty percent of his weekly benefit entitlement, rounded to the next lower whole dollar where such amount is not a whole dollar.

(b) Notwithstanding the provisions of subsection (a) of this section, during any weeks in which the Administrator has established that an "extended benefit period," as defined in Section 31-232b (a)(1) of the General Statutes exists, the Administrator shall offset any overpayment to an individual which is not due to fraud, wilful misrepresentation or wilful nondisclosure of a material fact by himself or through the agency of another from any unemployment benefits subsequently payable to the individual in an amount equal to twenty-five percent of his weekly benefit entitlement, rounded to the next lower whole dollar where such amount is not a whole dollar.