Sec. 3. (a) An individual who is receiving benefits as determined under IC 22-4-15-1(c)(8) may restrict the individual’s availability because of the individual’s need to address the physical, psychological, or legal effects of being a victim of domestic or family violence (as defined in IC 31-9-2-42).

     (b) An unemployed individual shall be eligible to receive benefits with respect to any week only if the individual:

(1) is physically and mentally able to work;

(2) is available for work;

(3) is found by the department to be making an effort to secure full-time work; and

(4) participates in reemployment services and reemployment and eligibility assessment activities as required by section 3.2 of this chapter or when directed by the department as provided under section 3.5 of this chapter, unless the department determines that:

(A) the individual has completed the reemployment services; or

(B) failure by the individual to participate in or complete the reemployment services is excused by the director under IC 22-4-14-2(b).

     (c) For the purpose of this article, unavailability for work of an individual exists in, but is not limited to, any case in which, with respect to any week, it is found:

(1) that such individual is engaged by any unit, agency, or instrumentality of the United States, in charge of public works or assistance through public employment, or any unit, agency, or instrumentality of this state, or any political subdivision thereof, in charge of any public works or assistance through public employment;

(2) that such individual is in full-time active military service of the United States, or is enrolled in civilian service as a conscientious objector to military service;

(3) that such individual is suspended for misconduct in connection with the individual’s work; or

(4) that such individual is in attendance at a regularly established public or private school during the customary hours of the individual’s occupation or is in any vacation period intervening between regular school terms during which the individual is a student. However, this subdivision does not apply to any individual who is attending a regularly established school, has been regularly employed and upon becoming unemployed makes an effort to secure full-time work and is available for suitable full-time work with the individual’s last employer, or is available for any other full-time employment deemed suitable.

     (d) Notwithstanding any other provisions in this section or IC 22-4-15-2, no otherwise eligible individual shall be denied benefits for any week because the individual is in training with the approval of the department, nor shall such individual be denied benefits with respect to any week in which the individual is in training with the approval of the department by reason of the application of the provisions of this section with respect to the availability for work or active search for work or by reason of the application of the provisions of IC 22-4-15-2 relating to failure to apply for, or the refusal to accept, suitable work. The department shall by rule prescribe the conditions under which approval of such training will be granted.

     (e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, an otherwise eligible individual shall not be denied benefits for any week or determined not able, available, and actively seeking work, because the individual is responding to a summons for jury service. The individual shall:

(1) obtain from the court proof of the individual’s jury service; and

(2) provide to the department, in the manner the department prescribes by rule, proof of the individual’s jury service.

     (f) If an otherwise eligible individual is unable to work or unavailable for work on any normal work day of the week, the individual shall be eligible to receive benefits with respect to such week reduced by one-third (1/3) of the individual’s weekly benefit amount for each day of such inability to work or unavailability for work.

     (g) An individual has made an effort to secure full-time work with respect to any week in which the individual has:

(1) completed activities directed by the department under sections 3.2 and 3.5 of this chapter;

(2) completed any work search activities as directed by the department under rules adopted by the department under subsection (h); and

(3) affirmed the individual has made an effort to secure full-time work.

     (h) Not later than December 31, 2021, the department shall adopt rules under IC 4-22-2, including emergency rules adopted in the same manner provided under IC 4-22-2-37.1, to define:

(1) the acceptable types of work search activities;

(2) the number of work search activities required to be completed in any week;

(3) the requirements for producing documentation; and

(4) the requirement to apply to, and accept if offered, suitable jobs referred by the department.

     (i) The rules adopted by the department under subsection (h) shall:

(1) take into consideration whether an individual has a reasonable assurance of reemployment and, if so, the length of the prospective period of unemployment; and

(2) be consistent with the guidance provided by the United States Department of Labor in Training and Employment Notice No. 17-19, dated February 10, 2020.

Formerly: Acts 1947, c.208, s.1403; Acts 1951, c.307, s.3; Acts 1955, c.317, s.8; Acts 1967, c.310, s.18; Acts 1971, P.L.355, SEC.30; Acts 1975, P.L.253, SEC.1. As amended by Acts 1976, P.L.114, SEC.4; Acts 1980, P.L.158, SEC.3; P.L.227-1983, SEC.7; P.L.18-1987, SEC.42; P.L.21-1995, SEC.79; P.L.189-2003, SEC.2; P.L.108-2006, SEC.26; P.L.175-2009, SEC.20; P.L.110-2010, SEC.30; P.L.154-2013, SEC.6; P.L.195-2015, SEC.1; P.L.171-2016, SEC.11; P.L.119-2020, SEC.1.