Section 2865.215  When An Individual's Prospects For Finding Work Shall Be Deemed To Be Good

a)         An individual filing for extended benefits who has a definite date to return to work for a former employer or who has a bona fide offer of work to begin within four weeks shall be classified as having good prospects for returning to work in his customary occupation. This means that should this individual refuse an offer of work, such refusal shall be adjudicated pursuant to Section 603 of the Act, and Section 409K(3)(d)(iii) shall not apply to this individual.

b)         Whether an individual's prospects of finding work in his customary occupation are good shall be determined at the time that he files his initial claim for extended benefits. However, such classification shall be included in any determination of refusal of work under Section 409K(3)(d) of the Act, and at the time, shall be subject to review.

            Example:  An individual files a claim for extended benefits and reports that he will return to his former employer on March 31. He does not return to work for his former employer on March 31 and then refuses an offer of work on April 14. This refusal of work shall be adjudicated in accordance with the provisions of Section 409K(3)(d) because the individual's prospects of returning to his customary occupation were not good because he did not return to work for his former employer as scheduled.

c)         If the claimant does not start work on the designated date, then his prospects of finding work in his customary occupation shall no longer be considered good.

d)         The individual must provide the name, address and starting date of employment for any employer whom the individual claims as a basis for having his prospects of finding work in his customary occupation found to be good.

e)         An individual can also show that his prospects of finding work in his customary occupation are good by showing that he was recently employed in his customary occupation, that he recently completed training in that occupation or that new opportunities for employment in his customary occupation recently became available.

f)          This Section shall not apply to weeks beginning on or after March 7, 1993 and before January 1, 1995.

(Source:  Amended at 17 Ill. Reg. 17917, effective October 4, 1993)