0080 3802 54
0080 3802 54 (Jan. 16, 2024) – Following eye surgery on May 11, 2023, a week before his layoff, the claimant was physically unable to work at all until his doctor cleared him to work part-time as of June 17th and full-time as of July 1st. Because he had not been available for work since his separation from employment, he was not eligible for illness week benefits under G.L. c. 151A, § 24(c). However, once able to work part-time, he met the part-time availability requirements under 430 CMR 4.45(3), and he became eligible for benefits pursuant to G.L. c. 151A, § 24(b).
0028 2044 25
0028 2044 25 (Oct. 30, 2019) – As the caretaker of a child with a disability, the claimant was permitted to limit her availability to part-time work pursuant to 430 CMR 4.45(3). However, she effectively removed herself from the labor force after 15 weeks, when she continued to seek only high-paying jobs in a limited number of occupations. Thereafter, she made only a token effort to find work. This disqualified her under G.L. c. 151A, § 24(b).
0026 4530 42
0026 4530 42 (Mar. 28, 2019) – Claimant asserted he can work full-time, but restricted himself to part-time hours so as not to diminish his SSDI benefits. He does not meet the requirements of G.L. c. 151A, § 24(b) or 430 CMR 4.45.
0015 4145 42
0015 4145 42 (Nov. 23, 2015) – Claimant, who chose to take FMLA rather than quit when sudden child care issues forced him to stop working his regular full-time truck-driving shift, was eligible for benefits under G.L. c. 151A, §§ 29 and 1(r), because child care continued to limit his availability during his leave of absence, but his availability was not so limited as to remove him from the labor force.
0008 9771 96
0008 9771 96 (May 15, 2014) – A claimant, who could only work weekdays in the morning and until 3:00 p.m. due to childcare responsibilities, had good cause to restrict her work search where her work history showed that work was available within these restrictions. Given that the claimant made $13.00 per hour, a one-hour shift at a location far away from her home was not an offer of suitable employment.
0002 2267 99
0002 2267 99 (Oct. 11, 2013) – Where a claimant has restricted her work search to part-time hours for the same urgent, compelling, and necessitous reason that she had to quit her previous employment, she has met the requirements of G.L. c. 151A, § 24(b) and 430 CMR 4.45(1)(b).
BR-108922
BR-108922 (Apr. 30, 2009) – Parent was able and available for work, even though she restricted her work search to certain part-time hours due to her child's disability. She was a qualified individual with a disability within the meaning of the DUA part-time regulations, (formerly at 430 CMR 4.45(2), now at 430 CMR 4.45(3).)