20 C.F.R. § 327.5

Meaning of “available for work”

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(a) General definition. A claimant for unemployment benefits is available for work if he is willing and ready to work.

(b) Willing to work. A claimant is willing to work if he is willing to accept and perform for hire such work as is reasonably appropriate to his circumstances in view of factors such as:

(1) The current practices recognized by management and labor with respect to such work;

(2) The degree of risk involved to the claimant's health, safety, and morals;

(3) His physical fitness and prior training;

(4) His experience and prior earnings;

(5) His length of unemployment and prospects for obtaining work; and

(6) The distance of the work from his residence and from his most recent work.

(1) Is in a position to receive notice of work which he is willing to accept and perform, and

(2) Is prepared to be present with the customary equipment at the location of such work within the time usually allotted.

(d) Deemed available for work. During the period extending from March 1, 2020 until December 31, 2020, a claimant will be deemed to be available for work during any period for which he or she is subject to a state or local order related to the public health emergency declared effective March 1, 2020 preventing him or her from reporting to work.

[Board Order 53-296, 18 FR 8157, Dec. 12, 1953, as amended at 85 FR 19386, Apr. 7, 2020]

Notes of Decisions

Cited in 2 cases, 1961–2000 · leading case: Paul E. Lowe v. R.R. Ret. Bd., 294 F.2d 115 (9th Cir. 1961).

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Paul E. Lowe v. R.R. Ret. Bd., 294 F.2d 115 (9th Cir. 1961). · cites it 2× “15 , petitioner had not sufficiently shown that he was making reasonable efforts to obtain work; accordingly, that under 20 C.F.R. § 327.5 he had failed to show that he was willing and ready to work and that he was “available for work” under § 1 (k) of the Railroad Unemployment…”

Scott A. Dahl v. RRRB (8th Cir. 2000). “See 20 C.F.R. § 327.5 (b) (2000) (claimant is willing to work and therefore eligible for benefits if he is “willing to accept and perform for hire such work as is reasonably appropriate to his circumstances” in view of listed factors).”

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