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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.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.