Regulations, Vol. 41 Iss. 15 Mar 10, 2025

TITLE 16. LABOR AND EMPLOYMENT

VIRGINIA EMPLOYMENT COMMISSION

Fast-Track Regulation

Titles of Regulations: 16VAC5-10. Definitions and General Provisions (amending 16VAC5-10-10).

16VAC5-60. Benefits (amending 16VAC5-60-10, 16VAC5-60-20, 16VAC5-60-30).

Statutory Authority: § 60.2-111 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: April 9, 2025.

Effective Date: April 24, 2025.

Agency Contact: Ashley Ervin, Policy Planning Specialist III, Virginia Employment Commission, 6606 West Broad Street, Richmond, VA 23230, telephone (804) 786-3020, or email ashley.ervin@vec.virginia.gov.

Basis: Section 60.2-111 of the Code of Virginia authorizes the Virginia Employment Commission to adopt, amend, or rescind such rules and regulations as it deems necessary or suitable to carry out the commission's duties and powers.

Purpose: The changes aim to remove language that has become obsolete due to internal technology or process changes. The language is also being updated to remove redundant language that is already addressed by statute. Revising agency regulations benefits the welfare of Virginia citizens by formalizing the efficiencies within the agency that have been developed over time. These revisions allow the agency to adapt and evolve in response to changing needs, ensuring that services are delivered more effectively and efficiently. These improvements allow the agency to better address customer needs, providing enhanced service, fostering innovation, and ensure Virginia citizens receive the highest quality of care and support.

Rationale for Using Fast-Track Rulemaking Process: This action is considered noncontroversial because the amendments reflect an updated and more accurate layout of the unemployment insurance (UI) process, which has been adapted to be less burdensome on customers.

Substance: The amendments clarify current practices, update language to conform to current policies, update UI form names and titles, and eliminate requirements already addressed by statute. The amendments also remove obsolete and duplicative language.

Issues: The advantage to both the public and the agency is that the regulation will now conform to the current practices of the UI division and remove language already addressed by statute or prior regulation, reducing the overall regulatory burden. There is no disadvantage as no changes in the UI process will occur because of the updates.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. In response to Executive Order 19 (2022) and Executive Directive 1 (2022), the Virginia Employment Commission (VEC) proposes to amend the regulation governing unemployment insurance benefits to update the language to reflect current practice and to remove language that is obsolete or redundant.

Background. Executive Directive 1 (2022) directs executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.² Accordingly, VEC proposes to remove language that is either redundant or no longer reflects current practice. The most substantive changes are summarized as follows. 16VAC5-60-10 C would be amended to remove text addressing when "the commission is at fault due to a representative giving inadequate or misleading information to an individual about filing a claim" from the list of necessary conditions for canceling a claim. VEC reports that the text is redundant because a claim can be canceled as long as the other conditions are met. 16VAC5-60-20 C would be amended to remove a current requirement that employers provide certain information to employees within seven days of the effective date of a claim. Similar requirements in 16VAC5-60-20 E, pertaining to weeks of partial unemployment after the first week, would also be stricken. The Partial Unemployment Verification form, included in the Forms section of this regulation, contains these requirements for employers.³In 16VAC5-60-20 C stating, "evidence need not be furnished if the worker's earnings equal or exceed the worker's weekly benefit amount." The Partial Unemployment Verification form states that employers should include "calendar weeks in which the worker earns less than his/her weekly benefit amount." VEC also proposes to strike language in subsection E stating that "the claimant shall continue to present such evidence to the commission within 10 days after it is delivered to the claimant by the employer. Failure to do so shall render the claim invalid with respect to any week to which the statement or other evidence related." The Partial Unemployment Verification form contains a Notice to Worker stating, "To avoid delay of any payment due to you, you must mail this statement immediately upon completion to Virginia Employment Commission," which appears to reflect current VEC practice.

Estimated Benefits and Costs: The proposed amendments largely serve to clarify and update the regulation. Thus, to the extent that the proposed changes are consistent with current agency practice and statute, they are not expected to create new costs. However, as a result of the proposed changes to 16VAC5-60-20, some requirements for employers and claimants would appear only in the Partial Unemployment Verification form, but not in the regulatory text. The proposed changes to strike these statements from the regulation, rather than update it to reflect current practice, could make the regulation less clear for readers.

Businesses and Other Entities Affected. The proposed amendments would affect workers who file a claim for unemployment insurance benefits in Virginia and employers in Virginia. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ To the extent that the proposed changes are consistent with agency practice and statute, they are not expected to increase net costs or reduce net benefits for employers or employees in Virginia. Thus, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments neither affect the use and value of private property nor real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ See https://ris.dls.virginia.gov/uploads/16VAC5/forms/B-31_statement_of_partial_unemployment_revised_7-2019-20221101135630.pdf.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Virginia Employment Commission has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

Pursuant to Executive Order 19 (2022), the amendments (i) clarify current practices, (ii) update language to conform to current policies, (iii) update an unemployment insurance form name, (iv) eliminate requirements already addressed by statute, and (v) eliminate obsolete or duplicative requirements.

16VAC5-10-10. Definitions.

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.

16VAC5-60-10. Total and part-total unemployment.

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%.~~

16VAC5-60-20. Partial unemployment.

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.

16VAC5-60-30. Disposition of benefit checks payable to a deceased claimant.

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.

NOTICE: The following forms used in administering the regulation have been filed by the agency. Amended or added forms are reflected in the listing and are published following the listing. Online users of this issue of the Virginia Register of Regulations may also click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

FORMS (16VAC5-60)

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)