7 CCR 1101-2.4 - JOB ATTACHMENT

2.4.1 Statutory References: - 8-73-107 and 8-73-108(5)(a)(b)(c), C.R.S.

2.4.2 Job Attachment to an Employer. - A claimant is considered to be job-attached and is presumed to be following a course of action reasonably designed to result in prompt reemployment in suitable work, as contemplated by 8-73-107(1)(g), C.R.S., when an understanding exists between the claimant and his or her employer that the claimant will return to his or her old job or other suitable work with such employer within the period set forth in regulation 2.4.5 and the requirements of this section 2.4 of the regulations are met. This presumption may be rebutted by competent evidence in an individual case. Job attachment to an employer shall commence with the week in which the claimant last separated from said employer.

2.4.3 Job Attachment by Virtue of Union Hiring Hall. - A claimant who is properly registered for employment through a union hiring hall is presumed to be following a course of action reasonably designed to result in prompt reemployment in suitable work, as contemplated by 8-73-107(1)(g), C.R.S., and shall be considered job-attached to the extent permitted by regulation 2.4.5. This presumption may be rebutted by competent evidence in an individual case. Job attachment shall commence with the effective date of a valid initial, additional, or reopened claim filing.

2.4.4 Job Attachment by Promise of New Work. - A claimant who has an assurance of new work shall be considered job-attached to the extent permitted by regulation 2.4.5, and such period shall commence with the week in which the offer of new work was accepted. "New work" for the purposes of this section 2.4 shall mean a job offer that has no known termination date made by any employer other than the employer from whom the claimant most recently separated.

2.4.5 Duration of Job Attachment. - Claimants who are job-attached to an employer or who are job-attached by virtue of a union hiring hall arrangement will be presumed to meet the requirements of 8-73-107(1)(g), C.R.S., for a period of up to sixteen weeks unless it can be shown that said job-attached status is not reasonably designed to result in prompt reemployment in suitable work. Job-attached status may be granted for a period of no more than two weeks to a claimant with a promise of new work.

.1 The division, at its discretion during times of economic recession, may extend the period of job attachment for up to twenty-six weeks for claimants who are job-attached to an employer or who are job-attached by virtue of a union hiring hall arrangement.

2.4.6 Duties of Claimant. - During the period of job attachment set forth in regulation 2.4.5, a job-attached claimant must be able to work and be available for suitable work with the employer to whom he or she is job-attached or be able to work and be available for referral to a job by his or her hiring hall. The claimant shall not be required to search for work elsewhere and shall, by means of his or her job attachment, be presumed to have met these requirements. Nothing in this regulation 2.4 shall permit a claimant to refuse an offer of suitable work as defined in 8-73-108(5)(b), C.R.S.

2.4.7 Expiration of Job Attachment. - When the job-attached period set forth in regulation 2.4.5 has expired or when a claimant's understanding with the employer as provided in regulation 2.4.2 no longer exists or when a claimant's registration with a union hiring hall ceases or when an offer of new work is withdrawn or if, in the judgement of the division, job-attached status is not reasonably designed to result in prompt reemployment in suitable work, the claimant must comply with the provisions of 8-73-107, C.R.S., or his or her compensability shall cease.

Notes

7 CCR 1101-2.4

37 CR 13, July 10, 2014, effective 8/1/2014 39 CR 08, April 25, 2016, effective 5/15/2016 39 CR 22, November 25, 2016, effective 12/15/2016 40 CR 11, June 10, 2017, effective 7/1/2017 40 CR 23, December 10, 2017, effective 12/30/2017 41 CR 08, April 25, 2018, effective 6/3/2018 41 CR 16, August 25, 2018, effective 9/14/2018 42 CR 06, March 25, 2019, effective 4/15/2019 43 CR 08, April 25, 2020, effective 3/20/2020 43 CR 06, March 25, 2020, effective 4/14/2020 43 CR 19, October 10, 2020, effective 10/30/2020