Virginia Code

Va. Code Ann. § 60.2-612 (2026)

Benefit eligibility conditions

✓ current as of May 2026

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A. An unemployed individual shall be eligible to receive benefits for any week only if the Commission finds that:

1. He has, in the highest two quarters of earnings within his base period, been paid wages in employment for employers that are equal to not less than the lowest amount appearing in Column A of the "Benefit Table" appearing in § 60.2-602 on the line which extends through Division C and on which in Column B of the "Benefit Table" appears his weekly benefit amount. Such wages shall be earned in not less than two quarters.

2. a. His total or partial unemployment is not due to a labor dispute in active progress or to shutdown or start-up operations caused by such dispute which exists (i) at the factory, establishment, or other premises, including a vessel, at which he is or was last employed, or (ii) at a factory, establishment or other premises, including a vessel, either within or without this Commonwealth, which (a) is owned or operated by the same employing unit which owns or operates the premises at which he is or was last employed and (b) supplies materials or services necessary to the continued and usual operation of the premises at which he is or was last employed. For the purposes of this subdivision, a labor dispute does not include a lockout by an employer, and an individual who otherwise qualifies for benefits under this section shall not be denied benefits due to a lockout except for any week during which (1) the recognized or certified collective bargaining representative of the locked-out employees refuses to meet under reasonable conditions with the employer to discuss the issues giving rise to the lockout, (2) there is a final adjudication under the federal National Labor Relations Act, 29 U.S.C. § 151 et seq., that during the period of the lockout the recognized or certified collective bargaining representative of the locked-out employees has refused to bargain in good faith with the employer over issues giving rise to the lockout, or (3) the lockout has resulted as a direct consequence of a violation of the provisions of an existing collective bargaining agreement by the recognized or certified collective bargaining representative of the locked-out employees. This subdivision shall not apply if it is shown to the satisfaction of the Commission that:

(A) He is not participating in or financing or directly interested in the labor dispute; and

(B) He does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute, there were members employed at the premises, including a vessel, at which the labor dispute occurs, any of whom are participating in or financing or directly interested in the dispute.

b. If separate branches of work which are commonly conducted as separate businesses at separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this subdivision, be deemed to be a separate factory, establishment or other premises. Membership in a union, or the payment of regular dues to a bona fide labor organization, however, shall not alone constitute financing a labor dispute.

3. He is not receiving, has not received or is not seeking unemployment benefits under an unemployment compensation law of any other state or of the United States; however, if the appropriate agency of such other state or of the United States finally determines that he is not entitled to such unemployment benefits, this subdivision shall not apply.

4. He is not on a bona fide paid vacation. If an individual is paid vacation pay for any week in an amount less than the individual's weekly benefit amount his eligibility for benefits shall be computed under the provisions of § 60.2-603.

5. He has registered for work and thereafter has continued to report at an employment office in accordance with such regulations as the Commission may prescribe. The Commission may, by regulation, waive or alter either or both of the requirements of this subdivision for certain types of cases when it finds that compliance with such requirements would be oppressive, or would be inconsistent with the purposes of this title.

6. He has made a claim for benefits in accordance with regulations the Commission may prescribe.

7. a. He is able to work, is available for work, and is actively seeking and unable to obtain suitable work. Every claimant who is totally unemployed shall report to the Commission the names of employers contacted each week in his effort to obtain work. This information may be subject to employer verification by the Commission through a program designed for that purpose. The Commission may determine that registration by a claimant with the Virginia State Job Service may constitute a valid employer contact and satisfy the search for work requirement of this subsection in labor market areas where job opportunities are limited. The Commission may determine that an individual, whose usual and customary means of soliciting work in his occupation is through contact with a single hiring hall which makes contacts with multiple employers on behalf of the claimant, meets the requirement that he be actively seeking and unable to obtain suitable work by contacting that hiring hall alone. In areas of high unemployment, as determined by the Commission, the Commission has the authority to adjust the requirement that he be actively seeking and unable to obtain suitable work.

b. An individual who leaves the normal labor market area of the individual for the major portion of any week is presumed to be unavailable for work within the meaning of this section. This presumption may be overcome if the individual establishes to the satisfaction of the Commission that the individual has conducted a bona fide search for work and has been reasonably accessible to suitable work in the labor market area in which the individual spent the major portion of the week to which the presumption applies.

c. An individual whose type of work is such that it is performed by individuals working two or more shifts in a 24-hour period shall not be deemed unavailable for work if the individual is currently enrolled in one or more classes of education related to employment or is continuing in a certificate or degree program at an institution of higher education, provided that the enrollment would only limit the individual's availability for one shift and the individual is otherwise available to work any of the other shifts.

8. He has given notice of resignation to his employer and the employer subsequently made the termination of employment effective prior to the date of termination as given in the notice, but in no case shall unemployment compensation benefits awarded under this subdivision exceed two weeks; provided, that the claimant could not establish good cause for leaving work pursuant to § 60.2-618 and was not discharged for misconduct as provided in § 60.2-618.

9. Beginning January 6, 1991, he has served a waiting period of one week during which he was eligible for benefits under this section in all other respects and has not received benefits, except that only one waiting week shall be required of such individual within any benefit year. For claims filed effective November 28, 1999, and after, this requirement shall be waived for any individual whose unemployment was caused by his employer terminating operations, closing its business or declaring bankruptcy without paying the final wages earned as required by § 40.1-29 of the Code of Virginia. Notwithstanding any other provision of this title, if an employer who terminates operations, closes its business or declares bankruptcy pays an individual his final wages after the period of time prescribed by § 40.1-29 of the Code of Virginia, such payment shall not be offset against the benefits the individual was otherwise entitled to receive and shall not, under any circumstances, cause such individual to be declared overpaid benefits.

10. He is not imprisoned or confined in jail.

11. He participates in reemployment services, such as job search assistance services, if he has been determined to be likely to exhaust regular benefits and need reemployment services pursuant to a profiling system established by the Commission, unless the Commission determines that (i) such claimant has completed such services or (ii) there is good cause for such claimant's failure to participate in such services.

B. Prior to any individual receiving benefits under this chapter, the Commission shall conduct an incarceration check and an employment identification check to verify the status of the unemployed individual seeking a claim for benefits.

Code 1950, § 60-46; 1954, c. 203; 1956, c. 440; 1962, c. 270; 1966, c. 30; 1968, c. 9; 1968, c. 738, § 60.1-52; 1970, c. 104; 1974, c. 264; 1976, c. 708; 1977, c. 445; 1980, c. 463; 1981, c. 606; 1982, c. 265; 1983, c. 359; 1984, c. 458; 1985, c. 563; 1986, c. 480; 1988, c. 521; 1990, c. 908; 1993, c. 249; 1995, c. 436; 2000, c. 573; 2004, c. 496; 2022, c. 668; 2026, c. 890.

Notes of Decisions

Cited in 18 cases, 1988–2008 · leading case: Actuarial Benefits & Design Corp. v. Virginia Emp. Comm'n, 478 S.E.2d 735 (Va. Ct. App. 1996).

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Actuarial Benefits & Design Corp. v. Virginia Emp. Comm'n, 478 S.E.2d 735 (Va. Ct. App. 1996). · cites it 50× “The statutory scheme for determining the qualification of a claim *645 ant for benefits contemplates a multi-staged shifting of the burden of proof between claimant and employer, and the commission is not required to determine the issue of a claimant’s cause for leaving in every…”

Nat'l Linen Serv. v. McGuinn, 380 S.E.2d 31 (Va. Ct. App. 1989). · cites it 2× “Code § 60.2-612(5). If this is reasonable for one seeking employment it is probably more important for one seeking worker’s compensation, because the worker’s compensation claimant usually is restricted by physical limitations.”

Chauncey F. Hutter, Inc. v. Virginia Emp. Comm'n, 652 S.E.2d 151 (Va. Ct. App. 2007). · cites it 4× “” Code § 60-47(d) (1950) (current version at Code § 60.2-612). The Supreme Court of Virginia found Norfolk and River Rouge, though both owned and operated by Ford, to be “separate establishments” and affirmed the Commission’s award of benefits.”

Barbara Austin v. Sandra Berryman Patrice Johnson Joseph Hayes Ralph Cantrell, Defendants- Nat'l Emp. Law Proj., Inc., Amicus Curiae, 862 F.2d 1050 (4th Cir. 1989). · cites it 2× “, Va.Code § 60.2-612(1) (benefits depend on wages earned from working for employers).”

McGhee v. Barnhart, 366 F. Supp. 2d 379 (W.D. Va. 2005). · cites it 2× “See Va. Code Ann. § 60.2-612 (7)(b) (Michie 2001 Repl.”

Actuarial Benefits, etc. v. VEC & Rosemary Lipcsey (Va. Ct. App. 1996). · cites it 45× “The statutory scheme for determining the qualification of a claimant for benefits contemplates a multi-staged shifting of the burden of proof between claimant and employer, and the commission is not required to determine the issue of a claimant's cause for leaving in every case.”

Azimi v. Virginia Emp. Comm'n, 57 Va. Cir. 1 (2001). · cites it 11× “” Petitioner does not identify, nor is the Court aware of, a statute or regulation that the Commission violated when it found her ineligible for benefits.”

Cotlow v. Virginia Emp. Comm'n, 34 Va. Cir. 47 (Fairfax Cir. Ct. 1994). · cites it 12× “The Parties’ Positions Under Va. Code § 60.2-612(5) and (6), eligibility depends on the applicant’s having registered for work, having continued to report at an employment office and having made a claim for benefits in accordance with regulations the VEC may prescribe.”

Hill v. Virginia Emp. Comm'n, 35 Va. Cir. 436 (Chesterfield Cir. Ct. 1995). · cites it 10× “Virginia Code § 60.2-612 provides in relevant part: An unemployed individual shall be eligible to receive benefits for any week only if the Commission finds that---- 2.”

Wendy Nemetz v. Virginia Emp. Comm'n & Weisbrod & Phillips (Va. Ct. App. 2008). · cites it 6× “Code § 60.2-612(8); see also Actuarial Benefits & Design Corp.”

Robert S Peck v. VEC & Kavita D Ruchandani (Va. Ct. App. 2002). · cites it 6× “" - 4 - He asserts on brief that such testimony was relevant "to prove .”

Anderson v. Virginia Emp. Comm'n, 31 Va. Cir. 42 (Smyth Cir. Ct. 1993). · cites it 8× “The Appeals Examiner determined that the employees were entitled to benefits, but upon appeal by Brunswick, the Commissioner reversed on the grounds the employees were not “eligible” under the requirements of the Code of Virginia § 60.2-612. That section provides in part as…”

Show all 18 citing cases →

— Va. Code Ann. § 60.2-612(1) — 1 case

Barbara Austin v. Sandra Berryman Patrice Johnson Joseph Hayes Ralph Cantrell, Defendants- Nat'l Emp. Law Proj., Inc., Amicus Curiae, 862 F.2d 1050 (4th Cir. 1989). “, Va.Code § 60.2-612(1) (benefits depend on wages earned from working for employers).”

— Va. Code Ann. § 60.2-612(2)(A) — 1 case

Hill v. Virginia Emp. Comm'n, 35 Va. Cir. 436 (Chesterfield Cir. Ct. 1995). “Virginia Code § 60.2-612 provides in relevant part: An unemployed individual shall be eligible to receive benefits for any week only if the Commission finds that---- 2.”

— Va. Code Ann. § 60.2-612(5) — 3 cases

Nat'l Linen Serv. v. McGuinn, 380 S.E.2d 31 (Va. Ct. App. 1989). “Code § 60.2-612(5). If this is reasonable for one seeking employment it is probably more important for one seeking worker’s compensation, because the worker’s compensation claimant usually is restricted by physical limitations.”

Cotlow v. Virginia Emp. Comm'n, 34 Va. Cir. 47 (Fairfax Cir. Ct. 1994). “The Parties’ Positions Under Va. Code § 60.2-612(5) and (6), eligibility depends on the applicant’s having registered for work, having continued to report at an employment office and having made a claim for benefits in accordance with regulations the VEC may prescribe.”

Coy v. Virginia Emp. Comm'n, 27 Va. Cir. 281 (Richmond County Cir. Ct. 1992).

— Va. Code Ann. § 60.2-612(7) — 2 cases

Azimi v. Virginia Emp. Comm'n, 57 Va. Cir. 1 (2001). “” Petitioner does not identify, nor is the Court aware of, a statute or regulation that the Commission violated when it found her ineligible for benefits.”

— Va. Code Ann. § 60.2-612(7)(a) — 2 cases

Sentz v. Nat'l Fruit Prod. Co., 33 Va. Cir. 135 (Winchester Cir. Ct. 1993).

— Va. Code Ann. § 60.2-612(7)(b) — 1 case

— Va. Code Ann. § 60.2-612(8) — 4 cases

Actuarial Benefits & Design Corp. v. Virginia Emp. Comm'n, 478 S.E.2d 735 (Va. Ct. App. 1996). “The statutory scheme for determining the qualification of a claim *645 ant for benefits contemplates a multi-staged shifting of the burden of proof between claimant and employer, and the commission is not required to determine the issue of a claimant’s cause for leaving in every…”

Actuarial Benefits, etc. v. VEC & Rosemary Lipcsey (Va. Ct. App. 1996). “The statutory scheme for determining the qualification of a claimant for benefits contemplates a multi-staged shifting of the burden of proof between claimant and employer, and the commission is not required to determine the issue of a claimant's cause for leaving in every case.”

Wendy Nemetz v. Virginia Emp. Comm'n & Weisbrod & Phillips (Va. Ct. App. 2008). “Code § 60.2-612(8); see also Actuarial Benefits & Design Corp.”

Robert S Peck v. VEC & Kavita D Ruchandani (Va. Ct. App. 2002). “" - 4 - He asserts on brief that such testimony was relevant "to prove .”

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