The following words and terms when used in this chapter regulations of the Virginia Employment Commission shall have the following meanings unless the context clearly indicates otherwise:

"Act" means the Virginia Unemployment Compensation Act as set out in Title 60.2 (§ 60.2-100 et seq.) of the Code of Virginia.

"Additional claim" means a claim for unemployment compensation benefits filed within an existing benefit year by a claimant who has had an intervening period of employment since filing a prior claim.

"Adjudication center" means a service location designated by the commission as an official station for agency staff who are primarily involved in adjudication of disputed benefit and tax liability issues. An adjudication center may be co-located with or incorporated into other agency service locations.

"Agency" means any officer, board, commission, or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction.

"Agent state" means any state in which an individual files a claim for benefits from another state.

"Area of high unemployment" means that geographic area of Virginia, including all cities and counties where the average unemployment rate as determined by the commission has been 10% or more during the more recent completed calendar quarters.

"Benefits" means the compensation payable to an individual, with respect to his the individual's unemployment, under the unemployment insurance law of any state or under any federal program in which such compensation is payable in accordance with applicable state law.

"Cash value of remuneration" means the value of rent, housing, lodging, board, or any other payment in kind, in addition to or in lieu of money wages, as agreed upon by the employing unit and the worker at the time of entering into the contract of hire or thereafter. If there is no such agreement, the value thereof shall be an amount equal to a fair estimate of what the worker would, according to his the worker's custom and station, pay for similar goods, services, or accommodations in the same community at premises other than those provided by the employing unit.

"Combined-wage claimant" means a claimant who has covered wages under the unemployment compensation law of Virginia and one other state and who has filed a claim under the Interstate Arrangement for Combining Employment and Wages.

"Commission" means the Virginia Employment Commission as defined in § 60.2-108 of the Code of Virginia.

"Continued claim" or "weekly claim" means a request for the payment of unemployment compensation benefits that is made after the filing of an initial claim.

"Days" means consecutive calendar days unless the use of the term in this chapter specifies otherwise.

"Ex parte communication" means any communication with the presiding appeals examiner or special examiner, regardless of the medium, not in the agency's record regarding substantive, procedural, or other matters that could be reasonably expected to influence the outcome of the case or case decision pending before the agency and for which reasonable notice to all parties is not given at the time of the communication. "Parties" shall include claimants and any employers or employing units that have a direct interest in the outcome of the pending case.

"Initial claim" means any new claim for unemployment compensation benefits.

"In-person hearing" means a hearing where the parties, witnesses, and representatives personally appear before the appeals examiner or special examiner.

"Interested jurisdiction" means any participating jurisdiction to which an election submitted under 16VAC5-50-10 et seq. is sent for its approval and "interested agency" means the agency of such jurisdiction.

"Interstate Benefit Payment Plan" means an approved plan under which benefits shall be payable to unemployed individuals absent from the state in which benefit credits have been accumulated.

"Interstate claimant" means an individual who claims benefits under the unemployment insurance law of one liable state through the facilities of an agent state. The term "interstate claimant" shall not include any individual who customarily commutes from a residence in an agent state to work in a liable state unless the commission finds that this exclusion would create undue hardship on such claimants in specified areas.

"Jurisdiction" means the Commonwealth of Virginia, including land or premises located therein, owned, held, or possessed by the United States, the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

"Liable employer" means the employing unit for whom a claimant last worked during for 30 days, whether or not such days were consecutive, or for 240 hours prior to filing an initial, additional, or reopened claim for benefits.

"Liable state" means any state against which an individual files, through another state, a claim for benefits.

"Mass separation" means a separation (permanently, for an expected duration of at least seven days, or for any indefinite period) at or about the same time and for the same reasons (i) of at least 20% of the total number of workers employed in an establishment; (ii) of at least 50% of the total number of workers employed in any division or department of any establishment; or (iii) notwithstanding any of the foregoing clauses (i) and (ii) of this definition, a separation at or about the same time and for the same reason of 25 or more workers employed in a single establishment.

"New claim" means a claim for unemployment compensation benefits filed in a manner prescribed by the commission, by an individual who does not have an existing benefit year established.

"Notification lists" means lists used by the commission to notify interested parties of regulatory actions pursuant to this chapter. Such lists may include electronic mailing lists maintained through a state website or regular mailing lists maintained by the commission.

"Partially unemployed individual" means an individual who during a particular week (i) had earnings, but less than his the individual's weekly benefit amounts,; (ii) was employed by a regular employer,; and (iii) worked, but less for fewer than his the individual's normal customary hours for such regular employer because of lack of work.

"Participating jurisdiction" means a jurisdiction whose administrative agency has subscribed to the Interstate Arrangement for Combining Employment and Wages and whose adherence thereto has not terminated.

"Part-total unemployment" means the unemployment of any individual (i) in any week of less than full-time work in which he the individual earns some remuneration (but less than his the individual's weekly benefit amount) and during which he the individual is not attached to a regular employer; or, (ii) in any week in which he the individual has wages such as holiday or vacation pay that are less than his the individual's weekly benefit amount, but where no actual work has been performed regardless of his the individual's attachment to a regular employer.

"Paying state" means (i) the state in which a combined-wage claimant files a combined-wage claim, if the claimant qualifies for unemployment benefits in that state on the basis of combined employment and wages, and combining will increase either the weekly benefit amount or the maximum benefit amount; or (ii) if the state in which a combined-wage claimant files a combined-wage claim is not the paying state under the criterion set forth in clause (i) of this definition, or if the combined-wage claim is filed in Canada or the U.S. Virgin Islands, then the paying state shall be that state where the combined-wage claimant was last employed in covered employment among the states in which the claimant qualifies for unemployment benefits on the basis of combined employment and wages.

"Reopened claim" means the first claim for unemployment compensation benefits filed within an existing benefit year after a break in the claim series caused by any reason other than intervening employment.

"Services customarily performed by an individual in more than one jurisdiction" means services performed in more than one jurisdiction during a reasonable period, if the nature of the services gives reasonable assurance that they the services will continue to be performed in more than one jurisdiction or if such services are required or expected to be performed in more than one jurisdiction under the election.

"Severance and dismissal pay" means, for the purpose of taxation and benefits, all payments made by an employer at or subsequent to an employee's separation, except that payments that are exclusively for services performed prior to separation shall not be treated as severance or dismissal pay. Such payments may be allocated by the employer for any period following separation so long as such allocation is at a weekly rate at least equal to the average weekly wage received by such employee during the last calendar quarter preceding the separation, and will in such cases be deemed to have been paid in those weeks covered by the allocation. If no allocation is made by the employer, such payments will be deemed allocated to the last day of work.

"Split hearing" means an in-person hearing where one or more parties, representatives, or witnesses are allowed to participate telephonically by telephone.

"State" means the Commonwealth of Virginia, including land or premises located therein, owned, held, or possessed by the United States, the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

"Telephone hearing" means a hearing where all parties, witnesses, and representatives participate before the appeals or special examiner by way of a telephone conference call.

"Total unemployment" means the unemployment of an individual for any week in which he the individual performs no work and has no wages due payable to him, regardless of whether or not he the individual is attached to an employing unit's payroll.

"Transferring state" means a state in which a combined-wage claimant had covered employment and wages in the base period of a paying state, and that transfers such employment and wages to the paying state for its use in determining the benefit rights of such claimant under its law.

"Workforce center" means an office of the commission, which may include one-stop centers, job information, referral services, and unemployment insurance services.

A. An individual's week of total or part-total unemployment shall consist of the seven-consecutive-day period beginning with the Sunday prior to the first day the individual files a claim and registers for work, and, thereafter, the seven-consecutive-day period following any week of such unemployment. An initial claim may be filed by telephone, Internet, or by other means at the discretion of the commission.

B. Whenever an employing unit receives an Employer's Report of Separation and Wage Information correspondence electronically or by mail from the commission informing it that an individual has filed a claim for benefits, such employing unit shall, within 10 days from the date of notification, complete the report and return or submit it to the commission as directed. That portion of the Employer's Report of Separation and Wage Information to be completed by the employing unit shall set forth:

1. The date the worker began working;

2. The last day on which he the worker actually worked;

3. The reason for separation;

4. Such other information as is required by such form. The employing unit's official name and account number, if any, assigned to such employing unit by the commission shall appear on the completed report; and

5. The name and title of the official completing the report shall be provided as well as certification that the information contained in the report is accurate and complete to the best knowledge of that official.

C. To file a claim for benefits, a claimant shall report in a manner prescribed by the commission and shall file a claim for benefits setting forth (i) the claimant's unemployment and that the claimant claims benefits, (ii) that the claimant is able to work and is available for work, and (iii) such other information as is required. A claim for benefits, when filed, may also constitute the individual's registration for work.

D. Upon written request by the claimant, an initial claim for benefits, not to include combined-wage claims, may be canceled if (i) the request is made within the appeal period shown on the monetary determination; (ii) there has been no payment made on the claim; and (iii) the deputy has not rendered a determination based on the claimant's separation from employment; and (iv) the commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim. Upon written request by the claimant, a claim may be withdrawn if the commission determines that the provisions of § 60.2-107 of the Code of Virginia have been met and any benefits paid the claimant have been repaid.

Combined wage claims may be canceled under the provisions set forth in 16VAC5-70-20 B.

1. Except as otherwise provided in this section, the claimant shall continue to report as directed during a continuous period of unemployment.

2. The commission shall permit continued or weekly claims to be filed by Internet, telephone, or such other means as the commission may authorize.

D. E. All initial total, partial, or part-total unemployment claims shall be effective consistent with the provisions set forth in subsection A of this section, except that an earlier effective date may apply for late filing of claims in the following cases:

1. The commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim;

2. A previous claim was filed against a wrong liable state;

3. Filing was delayed due to circumstances attributable to the commission;

4. A transitional claim is filed within 14 days from the date the Notice of Benefit Year Ending was mailed to the claimant by the commission;

5. When claiming benefits under any special unemployment insurance program, the claimant becomes eligible for regular unemployment insurance when the calendar quarter changes;

6. The wrong type of claim was processed by the commission; or

7. With respect to reopened or additional claims only, the claimant can show circumstances beyond the claimant's control which that prevented or prohibited him the claimant from reporting earlier.

E. F. In order to claim benefit rights with respect to a given week, the claimant must file a continued or weekly claim for such week. The first continued or weekly claim must be filed within 21 days of the day the initial application was filed. Thereafter, a subsequent continued or weekly claim must be filed within 21 days after the week ending date of the last week claimed. If filing by mail is permitted by the commission, the postmark date constitutes the date of claim filing with the commission. If no postmark appears on the envelope, the continued or weekly claim shall be presumed to be filed on the date it was received by the commission. If the 21st day falls upon a date when the commission's office is closed, the final date for filing shall be extended to the next day the office is open. Failure to file a continued or weekly claim within the 21-day period will result in the denial of benefits for the weeks in question unless good cause is shown, and an additional or reopened claim must be filed in order to initiate any further claim for benefits. Good cause for a delay in filing may be shown for any of the following reasons:

1. The commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim;

2. Filing was delayed due to circumstances attributable to the commission; or

3. The claimant can show circumstances beyond the claimant's control that prevented or prohibited the claimant from filing earlier.

F. G. Normally, all claimants whose unemployment is total or part-total must make an active search for work by contacting prospective employers in an effort to find work during each week claimed in order to meet the eligibility requirements of § 60.2-612 of the Code of Virginia. A claimant who is temporarily unemployed with an expected return to work date within a reasonable period of time as determined by the commission that can be verified from employer information may be considered attached to the claimant's regular employer so as to meet the requirement that the claimant be actively seeking and unable to find suitable work if the claimant performs all suitable work that the claimant's regular employer has for the claimant during any week claimed while attached. Attachment will end if the claimant does not return to work as scheduled or if changed circumstances indicate the claimant has become separated.

G. H. In areas of high unemployment as defined in 16VAC5-10-10, the commission has the authority, in the absence of federal law to the contrary, to adjust the work search requirement of the Act. Any adjustment will be made quarterly within the designated area of high unemployment as follows:

1. The adjustment will be implemented by requiring claimants filing claims who reside in an area experiencing a total unemployment rate of 10% through 14.9% to make one job contact with an employer each week.; or

2. The adjustment will be implemented by waiving the search for work requirement of all claimants filing claims for benefits who reside in an area experiencing a total unemployment rate of 15% or more.

3. No adjustment will be made for claimants filing claims for benefits who reside in an area experiencing a total unemployment rate below 10%.

A. With respect to a partially unemployed individual, a week of partial unemployment shall consist of a calendar week beginning on Sunday and ending at midnight on Saturday. Total wages payable to partially unemployed workers are to be reported on a calendar week basis.

B. Upon filing of a new claim for partial benefits in each claimant's benefit year, the commission shall promptly notify the employer of such claimant's weekly benefit amount, the date on which the claimant's benefit year commenced, and the effective date of the claim for partial benefits. Similar notice shall likewise be given at least once during the claimant's benefit year to each subsequent employer to whom the claimant is attached during a period of partial unemployment for which the claimant claims benefits. Upon receipt of the notice, the employer shall record this information for use in the preparation of the evidence the employer is required to furnish periodically as required in subsection C of this section.

C. After the employer has been notified of the benefit year, the weekly benefit amount, and the effective date of the claim for partial benefits of any worker in the employer's employ (pursuant to subsection B of this section) the employer shall, within seven days, furnish the employee with written evidence concerning any week of partial unemployment that ended on or before the receipt of such notice and that began on or after the effective date of the employee's claim for partial benefits. The employer, until otherwise notified, shall, within 14 days after the termination of any pay period that includes a week of partial unemployment, and that ends after the date of receipt of such notification, furnish the employee with written evidence concerning the employee's partial unemployment with respect to such week. Written evidence of partial unemployment required by this subsection shall be furnished by means of a Statement of Partial Unemployment, Form VEC-B-31, Verification form or other suitable medium approved by the commission. Such evidence need not be furnished, however, where the worker's earnings for a week of partial unemployment equals or exceeds the worker's weekly benefit amount.

The information contained on such medium shall be in ink or typewritten and shall show:

1. The name of the employer and employer account number;

2. The name and social security account number of the worker;

3. The date delivered to the worker;

4. The calendar week ending date;

5. The gross amount of wages earned in such week, by day;

6. The reason and the number of days or hours involved where the worker's earnings were reduced for any cause other than lack of work;

7. The following certification, or one similar:

"During the week or weeks covered by this report, the worker whose name is entered worked less than full time and earned less than his weekly benefit amount for total unemployment because of lack of work, or otherwise shown. I certify that to the best of my knowledge, this information is true and correct"; and

8. An original signature by the employer to the certification in subdivision 7 of this subsection or other identification of the authority supplying the evidence.

D. The new claim for benefits for partial unemployment shall be effective Sunday, the first day of the beginning of the individual's week in which the partial unemployment claim is filed.

E. D. 1. Upon filing a claim as specified in subsection D A of this section, the commission shall cause the notice referred to in subsection B of this section to be sent to the employer. Thereafter, the employer shall make available to the claimant the Statement of Partial Unemployment, Form VEC-B-31, Verification form or other written evidence concerning the claimant's partial unemployment, as provided in subsection C of this section. Such written evidence of partial unemployment shall be presented to the commission within 10 days after it is delivered to the claimant by the employer by the claimant, and failure to do so, within that time, shall result in the claim being processed based on the available information.

2. For each subsequent week the partial claim is continued, the employer shall furnish the claimant with the evidence of partial unemployment as provided in subsection C of this section, and the claimant shall continue to present such evidence to the commission within 10 days after it is delivered to the claimant by the employer by the date specified by the commission. Failure to do so shall render the claim invalid with respect to any week to which the statement or other evidence relates.

3. Notwithstanding the provisions of subdivisions 1 and 2 of this subsection, the commission shall permit the claimant to file a continued or weekly claim in the same circumstances applicable to a claimant for total or part-total unemployment compensation.

F. E. With respect to any week claimed, a partially unemployed claimant shall be deemed to be actively seeking work if the claimant performs all suitable work offered to the claimant by the claimant's regular employer.

If a claimant has met the eligibility requirements of the Act and completed all forms prescribed by the commission prior to his the claimant's death, upon proof thereof of the claimant's death, the check(s) check for all benefits due shall be payable to the decedent's estate.

Instructions to Partial Claimants, VEC-B-19 (rev. 9/2016)

Verification of Offer of Continuing Employment, VEC-B-25 (rev. 6/2012)

Request for Name Changes, VEC-B-41 (rev. 8/2012)

Continued Claim for Benefits, VEC-B-3 (rev. 12/2011)

Notice of Exhaustion, VEC-B-3a (rev. 3/2014)

VEC Claim for Benefits, VEC-B-10 (rev. 8/2013)

Employer's Report of Separation and Wage Information, B-10SEP (rev. 1/2013)

Request for Physician's Certificate of Health, VEC-B-14 (rev. 6/2012)

Request for Licensed Medical Professional's Certificate of Health, VEC-B-14A (rev. 6/2012)

Notice of Benefit Year Ending (BYE), VEC-B-22, (filed 11/2022)

Notice to Workers, VEC-B-29 (rev. 4/2015)

Monetary Determination, VEC-B-30 (rev. 1/2013)

Notice of Benefit Liability, VEC-B-30R (rev. 9/95)

Statement of Partial Unemployment, VEC-B-31 (rev. 3/2014)

Statement of Partial Unemployment, VAEC-B-31 (rev. 7/2019)

Notification of Claim Filed for Benefits, VEC-B-32 (rev. 10/2015)

Verification of Work Search Revised, VEC-B-36 (rev. 8/2013)

Unemployment Benefits Tax Withholding, VEC-B-38 (rev. 9/2012)

Your Unemployment Benefits Rights and Responsibilities (rev. 1/2016). (Although issued for informational purposes only, this booklet contains some interpretative material.)

Training Certification, VEC-TB-1 (rev. 11/1972)

Notice of Child Support Intercept Deduction, VEC-CSI-1 (rev. 2/2010)

Wage Verification Request, VEC-BPC-65 (rev. 4/2016)

New Hire Audit, VEC-BPC-65A (rev. 4/2016)

Claimant's Statement Concerning Report of New Hire, VEC-BPC-66A (rev. 8/2013)

UI Unemployment Insurance Billing Statement, VEC-BPC-89-UI (rev. 11/2013)

Initial Application for Disaster Unemployment Assistance (DUA), DUA-1 (rev. 1/1996)

Weekly Request for DUA, DUA-3 (rev. 719/96)

Bi-weekly Request for Allowances by Workers in Training - Trade Act of 1974, ETA 8-58A (rev. 8/2013)

Claim Cancellation Request (rev. 12/2014)

Notice of Reemployment and Eligibility Assessment (REA) Interview (rev. 10/2015)