GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 284
The General Assembly of North Carolina enacts:
Section 1. G.S. 96-13(a)(3) reads as rewritten:
"(3) He The
individual is able to work, and is available for work: Provided that,
unless temporarily excused by Commission regulations, no individual shall be
deemed available for work unless he establishes to the satisfaction of the
Commission that he is actively seeking work: Provided further, that an
individual customarily employed in seasonal employment shall, during the period
of nonseasonal operations, show to the satisfaction of the Commission that such
individual is actively seeking employment which such individual is qualified to
perform by past experience or training during such nonseasonal period: Provided
further, however, that no individual shall be considered available for work for
any week not to exceed two in any calendar year in which the Commission finds
that his unemployment is due to a vacation. In administering this proviso,
benefits shall be paid or denied on a payroll-week basis as established by the
employing unit. A week of unemployment due to a vacation as provided herein
means any payroll week within which the equivalent of three customary full-time
working days consist of a vacation period. For the purpose of this subdivision,
any unemployment which is caused by a vacation period and which occurs in the
calendar year following that within which the vacation period begins shall be
deemed to have occurred in the calendar year within which such vacation period
begins. For purposes of this subdivision, no individual shall be
deemed available for work during any week that the individual tests positive
for a controlled substance if (i) the test is a controlled substance
examination administered under Article 20 of Chapter 95 of the General
Statutes, (ii) the test is required as a condition of hire for a job, and (iii)
the job would be suitable work for the claimant. The employer shall
report to the Commission, in accordance with regulations adopted by the
Commission, each claimant that tests positive for a controlled substance under
this subdivision. For the purposes of this subdivision, no individual
shall be deemed available for work during any week in which he is registered at
and attending an established school, or is on vacation during or between
successive quarters or semesters of such school attendance, or on vacation
between yearly terms of such school attendance. Except: (i) Any person who was
engaged in full-time employment concurrent with his school attendance, who is
otherwise eligible, shall not be denied benefits because of school enrollment
and attendance. Except: (ii) Any otherwise qualified unemployed individual who
is attending a vocational school or training program which has been approved by
the Commission for such individual shall be deemed available for work. However,
any unemployment insurance benefits payable with respect to any week for which
a training allowance is payable pursuant to the provisions of a federal or
State law, shall be reduced by the amount of such allowance which weekly
benefit amount shall be rounded to the nearest lower full dollar amount (if not
a full dollar amount). The Commission may approve such training course for an
individual only if:
1. a. Reasonable employment opportunities for which the individual is fitted by training and experience do not exist in the locality or are severely curtailed;
b. The training course relates to an occupation or skill for which there are expected to be reasonable opportunities for employment; and
c. The individual, within the judgment of the Commission, has the required qualifications and the aptitude to complete the course successfully; or,
2. Such approval is required for the Commission to receive the benefits of federal law."
Sec. 2 This act becomes effective October 1, 1995.
In the General Assembly read three times and ratified this the 19th day of June, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives