Alabama Administrative Code

The employer shall notify the Unemployment Compensation Call Center Operations as soon as the date of the mass separation and the number of workers involved is determined, and in no event later than the date of the actual separation. Notes Ala. Admin. Code r. 480-4-3-.10 Effectiv…

(1) Employer Responsibility in the Initiation of a Claim for Partial Benefits. (a) On the normal or customary payday for the pay period in which occurs the first week a worker has earnings less than approximately seventy percent of his/her usual weekly earnings and less than the …

(1) An individual's week of total or part-total unemployment shall consist of the calendar week period for which he/she first files a claim for benefits and thereafter each calendar week for which he/she files claim certifications, all in accordance with Rule 480-4-3-.08. (2) Wee…

(1) The Unemployment Compensation Agency shall at the request of either the employer or the claimant, conduct a predetermination fact-finding interview. Where an employer replies timely to a Request for Separation Information and raises a disqualifying issue as set forth in Code …

(1) This rule shall govern the Alabama Department of Labor in its administrative cooperation with other States adopting a similar regulation for the payment of benefits to interstate claimants. For more detailed instructions, see ETA Handbook 392. (a) Registration for Work. 1. An…

(1) This rule does not attempt to set hard and fast specifics as to what constitutes availability that could apply to each conceivable circumstance that might arise, but rather, to provide a standard of interpretation in certain specific areas as set out below. In all cases under…

(1) If an employee is absent from work without notice, unless it is shown that notice is not reasonably practicable, to his or her employer for a period of three consecutive regularly scheduled working days, and is terminated because of such absence, the employee shall be determi…

(1) Code of Ala. 1975, § 25-4-92(d), provides that notification be provided promptly to the claimant and the claimant's last employing unit of any determination or decision upon an initial claim. This notice may be delivered in person or mailed, first class postage prepaid to the…

(1) Benefit checks are void 180 days after date of issuance and may not be negotiated without written permission from the Commissioner. (2) Benefit checks or inactivated debit cards outstanding 6 months after date of issuance will be cancelled. (3) Benefit checks which cannot be …

Reserved Notes Ala. Admin. Code r. 480-4-3-.19

Reserved Notes Ala. Admin. Code r. 480-4-3-.20

(1) When a period of extended benefits (EB) is declared in accordance with Code of Ala. 1975, § 25-4-75 of the Unemployment Compensation Law, the following conditions shall apply: (a) During the first week an individual's EB claim is effective the local unemployment claims office…

(1) If an individual has been denied benefits by reason of Section 25-4-70(b)(2) or Section 25-4-70(b)(5) of the Unemployment Compensation Law and such individual is given notice that the opportunity to return to work was not given or was withdrawn by the educational institution,…

Repealed Notes Ala. Admin. Code r. 480-4-3-.23

(1) Self-employment is disqualifying under Section 25-4-78(11) of Alabama Unemployment Compensation Law. While the law itself does not provide a definition as to what constitutes "self-employment", it's dictionary definition is: "a remunerative activity of a personal, self-direct…

(1) Commission work is disqualifying under Section 25-4-71, which reads in relevant part, "wages are deemed to be payable to an individual working on a commission basis with respect to each week in which he works". This sentence is interpreted to mean that an individual who is wo…

Author: Joan Hinson, Chief of Benefits Notes Ala. Admin. Code r. 480-4-3-.26 Effective March 18, 1993. Repealed: Filed March 8, 2001; effective April 12, 2001. Statutory Authority: Code of Ala. 1975, §§ 25-2-8, 25-4-111.

(1) A claimant that has been disqualified under Section 25-4-78(2), (3) a, or (3)b must, in order to requalify for benefits, as provided under sections 25-44-78(2) b.1., (3)a.1., and (3)b: (a) Re-enter insured or acceptable employment; and, (b) For which employment, earn wages eq…

(1) An employer will be considered to have met the burden of proving the drug policy satisfies the "otherwise reliable" requirement of Code of Ala. 1975, § 25-4-78(3) a. (i) if: (a) The drug policy is delivered to each employee in writing and warns the employee that a positive te…

(1) When payment of prior weeks claimed is determined appropriate by local office personnel: (a) A claimstaker who has determined a claimant to be entitled to one or two prior weeks may authorize the payment of same; (b) A local office manager may authorize payment of up to four …

(1) All potentially disqualifying information received from a source other than the claimant shall be discussed with the claimant. Until the claimant is given an opportunity for rebuttal, any determination on the issue cannot be considered a valid nonmonetary determination. (2) T…

(1) Section 25-4-77(a) provides, as a requirement of eligibility, that a claimant selected and referred to reemployment services pursuant to Section 4 of Public Law 103-152 must participate in such services unless it is determined by the Director that the claimant has completed s…

(1) A claim for a week of benefits must be filed in accordance with such regulations as the director may prescribe (25-4-77(a)(1)). This rule, adopted pursuant to this eligibility condition applies to all new claims and additional claims for total or part total unemployment, reop…

(1) Only those types of income specifically set forth in the law can possibly affect eligibility. These are: (a) Wages (b) Wages in lieu of notice, a dismissal or separation allowance. (c) Pensions (d) Receipt of or application for Unemployment Compensation from another state. (e…

(1) Temporary lay off - An individual who has the option of continuing to work or be included in a temporary lay off and who opts to be included is not deemed to have left the employment voluntarily. A temporary lay off is defined as a period of time not to exceed six (6) months.…

Author: James Hollon, Unemployment Compensation Director Notes Ala. Admin. Code r. 480-4-3-.35 New Rule: Filed August 9, 1995; effective September 13, 1995. Repealed: Filed March 8, 2001; effective April 12, 2001. Statutory Authority: Code of Ala. 1975, § 25-4-78(6).

This rule sets forth for purposes of Unemployment Compensation and related benefit programs that full time work will be defined as forty hours per week or the customary normal hours worked in the industry or trade. When applying the customary normal hours provision, documentation…

Notes Ala. Admin. Code r. 480-4-3-.37 New Rule: Filed August 25, 2005; effective September 29, 2005. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 4/7/2018. Author: Brent Langley, UC Section Supervisor, Unemployment Compensation Di…

(1) Definitions - the following definitions will be used in applying the provisions of the Administrative Rule. (a) Employer Primarily Engaged. An employer will be considered primarily engaged if seventy-five percent (75%) or more of the company's employees are performing work fo…

(1) The general procedures to be followed where an allegation of fraud has been made are: (a) Upon receipt of an allegation of claimant or employer fraud, the Agency should ensure that there is sufficient information to proceed. The alleging party shall be advised that the Agency…

(1) All fraud investigation files will remain confidential. (2) Documented evidence will be obtained from claimants, employers, witnesses, law enforcement agencies, local, state and federal agencies and any other source as may be necessary. (3) The investigation shall include the…

(1) A determination that a claimant, by reason of claimant's own fault, fraud, misrepresentation, failure to report or disclose a material fact, departmental error or payment of benefits pending appeal that finally results in disqualification, has received benefits to which the c…

(1) When it has been determined that within the preceding thirty-six calendar months the claimant fraudulently reported or failed to report wages earned during a week, or failed to disclose a material fact upon separation from employment from such claimant's most recent employer,…

(1) If prosecution is warranted, supportive documentation and all evidence will be thoroughly reviewed by the Director. (2) A summary of the case will be prepared and the case taken to the appropriate district attorney for filing of criminal charges. Author: Harold Thomas Notes A…

(1) Each quarter, Wage Cross-Match audit forms are mailed to employers requesting wage information on specific claimants as it concerns benefit payments. The employer shall complete the audit form and return to the Agency within 15 calendar days. (2) The forms, upon completion an…

(1) An individual shall be required to repay an overpayment of unemployment compensation unless a written waiver application is filed with the department and approved by the Secretary or the Secretary's designee. (2) The requirement for an individual to repay a final determinatio…

(1) WCC 2 - Employer's First Report of Injury - Forward one completed copy signed in ink to the above address within fifteen (15) days for all injuries for which compensation is claimed or paid. This includes deaths, permanent disabilities, and temporary disabilities exceeding th…

(1) On or before the 1st day of March each entity providing coverage or paying benefits under the law, shall file with the Department of Industrial Relations on the current revision of WCC Form 10 the gross claims for compensation and medical payments paid by the entity during th…

Any entity providing coverage which neglects to file the annual written statement within the time provided shall pay a penalty of twenty-five dollars ($25) per day for each day that this report is late. Any entity which fails to report true and accurate amounts of payments made f…

(1) No contract or policy of excess insurance shall be recognized by the Director in considering the ability of an applicant to fulfill its financial obligations under the Law unless such contract or policy: (a) Is issued by an admitted insurance company. (b) Contains a sixty (60…

(Repealed 4/12/00) Author: Workers' Compensation Medical Services Board Notes Ala. Admin. Code r. 480-5-1-.05 Effective February 16, 1993. Repealed: Filed March 8, 2000; effective April 12, 2000. Statutory Authority: Code of Ala. 1975, § 25-2-2(6)

(1) The Department of Industrial Relations through the Workers' Compensation Division will conduct continuing education seminars for all personnel associated with workers' compensation claims and collect necessary registration fees in order to cover any related expenditures. (2) …

(1) Every insurer undertaking to transact in this state the business of either workers' compensation or employer's liability insurance or both, and every rating organization which files rates or prospective loss costs for such insurance shall cooperate in the preparation and subm…

(1) Agreement of Parties - Mediation is a process where the parties to a dispute, with the help of an impartial third party (the "mediator"), attempt to work out a mutually satisfactory settlement of the dispute. Mediation is a process whereby either party may terminate the media…

Notes Ala. Admin. Code r. 480-5-1-.09 Emergency Rule effective August 2, 1993. Permanent Rule: Filed October 8, 1993; effective November 12, 1993. Repealed: Filed February 11, 2011; effective March 18, 2011. Author: W. F. Willett, Jr., Acting Workers' Compensation Administrator S…

(1) In the event a self-insurance certificate is revoked by the Department under the provisions of Code of Ala. 1975, § 25-5-8(d)(1) the Department shall issue a notice of hearing to the employer as provided by rules 480-1-4-.09 and conduct a hearing as provided under rules 480-1…

(1) Self-Insurance under the Alabama Workers' Compensation Law is authorized by Code of Ala. 1975, § 25-5-8, as last amended. The following rules and regulations are adopted pursuant to the authority contained therein. (2) Definitions as used herein: (a) Director - the Director o…

(Repealed). Author: Randy Richie, Workers' Compensation Director Notes Ala. Admin. Code r. 480-5-3-.01 Effective February 16, 1993. Repealed: Filed October 9, 1997; effective November 13, 1997. Statutory Authority: Code of Ala. 1975, § 25-2-2(6).

(Repealed). Author: Randy Richie, Workers' Compensation Director. Notes Ala. Admin. Code r. 480-5-3-.02 Effective February 16, 1993. Repealed: Filed October 9, 1997; effective November 13, 1997. Statutory Authority: Code of Alabama 1975, § 25-2-2(6).

(Repealed). Author: Randy Richie, Workers' Compensation Director Notes Ala. Admin. Code r. 480-5-3-.03 Effective February 16, 1993. Repealed: Filed October 9, 1997; effective November 13, 1997. Statutory Authority: Code of Ala. 1975, § 25-2-2(6).