Okla. Stat. tit. 40, § 40-2-715
This is the official text of Okla. Stat. tit. 40, § 40-2-715, part of Oklahoma’s Stat. tit. 40, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 40,." Browse the sections below, each linked to its official government source.
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Eligibility for extended benefits
Official statutory text
ELIGIBILITY FOR EXTENDED BENEFITS.
A. An individual shall be eligible to receive extended benefits
with respect to any week of unemployment in the eligibility period
of the individual only if the Commission finds that with respect to
such week:
1. The individual is an "exhaustee" as defined in Section 2-712
of this title; and
2. Except as otherwise provided by this section, the individual
has satisfied the requirements of the Employment Security Act of
1980, for the receipt of regular benefits that are applicable to
individuals claiming extended benefits, including not being subject
to a disqualification under the Employment Security Act of 1980,
Section 1-101 et seq. of this title, for the receipt of benefits.
B. An individual shall not be eligible for extended benefits
unless, in the base period with respect to which the individual
exhausted all rights to regular benefits, the individual shall have
been paid wages for insured work of not less than one and one-half
(1 1/2) times the amount of wages during that quarter of the base
period of the individual in which the wages were the highest.
C. Any payment of extended benefits under the Employment
Security Act of 1980 shall not be made to any individual for any
week of unemployment in his or her eligibility period during which
the individual:
1. Fails to accept any offer of suitable work;
2. Fails to apply for any suitable work to which referred by
the state employment service; or
3. Fails to actively engage in seeking suitable work.
D. Suitable work shall be defined as any work which is within
such individual's capabilities, except that if the individual
furnishes satisfactory evidence that the individual's prospects for
Oklahoma Statutes - Title 40. Labor Page 99
obtaining work in his or her customary occupation within a
reasonably short period are good, the determination of whether any
work is suitable work with respect to such individual shall be made
in accordance with the provisions of Section 2-408 of this title
with respect to regular benefit claimants.
1. Any work which is within the capabilities of such individual
means that the individual has the physical and mental capacity to do
the work and the background and experience which would enable the
individual to perform the job.
2. Work for an extended benefit claimant shall not be
considered suitable if the gross weekly pay of the job does not
exceed the extended weekly benefit amount payable to the individual
for a week of total unemployment plus the amount of any Supplemental
Unemployment Benefits (SUB), as defined in Section 501(c)(17)(D) of
the Internal Revenue Code of 1954, 26 U.S.C., Section 501, payable
for such week and equal the higher of the federal minimum wage
provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938,
29 U.S.C., Section 206, without regard to any exemption or any
applicable state or local minimum wage.
E. If any individual is ineligible for extended benefits for
any week by reason of a failure described in subsection B of this
section, such individual shall be ineligible to receive extended
benefits for the week in which such failure occurred and until the
individual has been employed during at least four (4) different
weeks which begin after such failure and has earned wages equal to
or in excess of four (4) times his weekly benefit amount.
F. 1. Extended benefits shall not be denied to any individual
for any week by reason of a failure to accept an offer of, or apply
for, suitable work if the position was not offered to such
individual in writing or was not listed with the state employment
service.
2. Extended benefits shall not be denied to any individual for
any week by reason of a failure to accept an offer of or apply for
suitable work if such failure would not result in a denial of
benefits under the provisions of Sections 2-408, 2-409, 2-417 and 2-
for, suitable work if the position was not offered to such
individual in writing or was not listed with the state employment
service.
2. Extended benefits shall not be denied to any individual for
any week by reason of a failure to accept an offer of or apply for
suitable work if such failure would not result in a denial of
benefits under the provisions of Sections 2-408, 2-409, 2-417 and 2-
418 of this title to the extent that such provisions are not
inconsistent with the provisions of this section.
3. Extended benefits shall not be denied to any individual for
any week by reason of a failure to accept an offer of or apply for
suitable work if the work failed to meet any of the requirements of
Section 2-409 of this title.
G. An individual shall be treated as actively engaged in
seeking work during any week if such individual has engaged in a
systematic and sustained effort to obtain work during such week, and
such individual provides tangible evidence to the state employment
service that he has engaged in such an effort during such week.
Oklahoma Statutes - Title 40. Labor Page 100
H. An individual filing an interstate claim shall not be
eligible for extended benefits after the first two (2) weeks of
extended benefits that are payable if no extended benefit period is
in effect for such week in the state where the claim is filed.
I. The state employment service shall refer any claimant
entitled to extended benefits to any suitable work which meets
the criteria prescribed in this section.
A. An individual shall be eligible to receive extended benefits
with respect to any week of unemployment in the eligibility period
of the individual only if the Commission finds that with respect to
such week:
1. The individual is an "exhaustee" as defined in Section 2-712
of this title; and
2. Except as otherwise provided by this section, the individual
has satisfied the requirements of the Employment Security Act of
1980, for the receipt of regular benefits that are applicable to
individuals claiming extended benefits, including not being subject
to a disqualification under the Employment Security Act of 1980,
Section 1-101 et seq. of this title, for the receipt of benefits.
B. An individual shall not be eligible for extended benefits
unless, in the base period with respect to which the individual
exhausted all rights to regular benefits, the individual shall have
been paid wages for insured work of not less than one and one-half
(1 1/2) times the amount of wages during that quarter of the base
period of the individual in which the wages were the highest.
C. Any payment of extended benefits under the Employment
Security Act of 1980 shall not be made to any individual for any
week of unemployment in his or her eligibility period during which
the individual:
1. Fails to accept any offer of suitable work;
2. Fails to apply for any suitable work to which referred by
the state employment service; or
3. Fails to actively engage in seeking suitable work.
D. Suitable work shall be defined as any work which is within
such individual's capabilities, except that if the individual
furnishes satisfactory evidence that the individual's prospects for
Oklahoma Statutes - Title 40. Labor Page 99
obtaining work in his or her customary occupation within a
reasonably short period are good, the determination of whether any
work is suitable work with respect to such individual shall be made
in accordance with the provisions of Section 2-408 of this title
with respect to regular benefit claimants.
1. Any work which is within the capabilities of such individual
means that the individual has the physical and mental capacity to do
the work and the background and experience which would enable the
individual to perform the job.
2. Work for an extended benefit claimant shall not be
considered suitable if the gross weekly pay of the job does not
exceed the extended weekly benefit amount payable to the individual
for a week of total unemployment plus the amount of any Supplemental
Unemployment Benefits (SUB), as defined in Section 501(c)(17)(D) of
the Internal Revenue Code of 1954, 26 U.S.C., Section 501, payable
for such week and equal the higher of the federal minimum wage
provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938,
29 U.S.C., Section 206, without regard to any exemption or any
applicable state or local minimum wage.
E. If any individual is ineligible for extended benefits for
any week by reason of a failure described in subsection B of this
section, such individual shall be ineligible to receive extended
benefits for the week in which such failure occurred and until the
individual has been employed during at least four (4) different
weeks which begin after such failure and has earned wages equal to
or in excess of four (4) times his weekly benefit amount.
F. 1. Extended benefits shall not be denied to any individual
for any week by reason of a failure to accept an offer of, or apply
for, suitable work if the position was not offered to such
individual in writing or was not listed with the state employment
service.
2. Extended benefits shall not be denied to any individual for
any week by reason of a failure to accept an offer of or apply for
suitable work if such failure would not result in a denial of
benefits under the provisions of Sections 2-408, 2-409, 2-417 and 2-
for, suitable work if the position was not offered to such
individual in writing or was not listed with the state employment
service.
2. Extended benefits shall not be denied to any individual for
any week by reason of a failure to accept an offer of or apply for
suitable work if such failure would not result in a denial of
benefits under the provisions of Sections 2-408, 2-409, 2-417 and 2-
418 of this title to the extent that such provisions are not
inconsistent with the provisions of this section.
3. Extended benefits shall not be denied to any individual for
any week by reason of a failure to accept an offer of or apply for
suitable work if the work failed to meet any of the requirements of
Section 2-409 of this title.
G. An individual shall be treated as actively engaged in
seeking work during any week if such individual has engaged in a
systematic and sustained effort to obtain work during such week, and
such individual provides tangible evidence to the state employment
service that he has engaged in such an effort during such week.
Oklahoma Statutes - Title 40. Labor Page 100
H. An individual filing an interstate claim shall not be
eligible for extended benefits after the first two (2) weeks of
extended benefits that are payable if no extended benefit period is
in effect for such week in the state where the claim is filed.
I. The state employment service shall refer any claimant
entitled to extended benefits to any suitable work which meets
the criteria prescribed in this section.
Status: in_force · Read it on the official government site
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