Sec. 201. Qualifying requirements for workers
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Payment of a readjustment allowance shall be made to an adversely affected worker covered by a certification under title I who files an application for such allowance for any week of unemployment which begins on or after the date of such certification, if the following conditions are met: Such worker’s total or partial separation before the worker’s application under this subtitle occurred— on or after the date, as specified in the certification under which the worker is covered, on which total or partial separation began or threatened to begin in the adversely affected employment, before the expiration of the 2-year period beginning on the date on which the determination under section 103 was made, and before the termination date (if any) determined pursuant to section 101.
Such worker had, in the 52-week period ending with the week in which such total or partial separation occurred, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single company, or, if data with respect to weeks of employment with a company are not available, equivalent amounts of employment computed under regulations prescribed by the Commission. For the purposes of this paragraph, any week in which such worker— is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training, does not work because of a disability that is compensable under a workmen's compensation law or plan of a State or the United States, had his or her employment interrupted in order to serve as a full-time representative of a labor organization in such company, or is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, shall be treated as a week of employment at wages of $30 or more, but not more than 7 weeks, in case of weeks described in subparagraph
(A)or (C), or both (and not more than 26 weeks, in the case of weeks described in subparagraph
(B)or (D)), may be treated as weeks of employment under this sentence. Such worker— was entitled to (or would be entitled to if the worker applied therefor) unemployment insurance for a week within the benefit period
(i)in which such total or partial separation took place, or
(ii)which began (or would have begun) by reason of the filing of a claim for unemployment insurance by such worker after such total or partial separation; has exhausted all rights to any unemployment insurance, except additional compensation that is funded by a State and is not reimbursed from any Federal funds, to which the worker was entitled (or would be entitled if the worker applied therefor); and does not have an unexpired waiting period applicable to the worker for any such unemployment insurance. Such worker, with respect to such week of unemployment, would not be disqualified for extended compensation payable under the Federal-State Extended Unemployment Compensation Act of 1970 by reason of the work acceptance and job search requirements in section 202(a)(3) of such Act. Such worker— is enrolled in a training program approved by the Commission under section 222, and the enrollment required under clause
(i)occurs no later than the latest of— in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs
(1)and
(2)occurs after the date on which the Commission issues a certification covering the worker, the last day of the 26th week after such total separation, in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs
(1)and
(2)occurs before the date on which the Commission issues a certification covering the worker, the last day of the 26th week after the date of such certification, 45 days after the date specified in subclause
(I)or (II), as the case may be, if the Commission determines there are extenuating circumstances that justify an extension in the enrollment period, in the case of a worker who fails to enroll by the date required by subclause (I), (II), or (III), as the case may be, due to the failure to provide the worker with timely information regarding the date specified in such subclause, the last day of a period determined by the Commission, or the last day of a period determined by the Commission to be approved for enrollment after the termination of a waiver issued pursuant to subsection (c), has, after the date on which the worker became totally separated, or partially separated, from the adversely affected employment, completed a training program approved by the Commission under section 222(a), or has received a written statement under subsection (c)(1) after the date described in subparagraph (B). If— the Commission determines that— the adversely affected worker— has failed to begin participation in the training program the enrollment in which meets the requirement of subsection (a)(5), or has ceased to participate in such training program before completing such training program, and there is no justifiable cause for such failure or cessation, or the certification made with respect to such worker under subsection (c)(1) is revoked under subsection (c)(2), no readjustment allowance may be paid to the adversely affected worker under this part for the week in which such failure, cessation, or revocation occurred, or any succeeding week, until the adversely affected worker begins or resumes participation in a training program approved under section 222. The Commission may issue a written statement to an adversely affected worker waiving the requirement to be enrolled in training described in subsection (a)(5)(A) if the Commission determines that it is not feasible or appropriate for the worker, because of 1 or more of the following reasons: The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. The first available enrollment date for the approved training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Commission. Training approved by the Commission is not reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ), and employers), no training that is suitable for the worker is available at a reasonable cost, or no training funds are available. The worker is within 3 years of the age of retirement. Except as provided in paragraph (3)(B), a waiver issued under paragraph
(1)shall be effective for not more than 6 months after the date on which the waiver is issued, unless the Commission determines otherwise. The Commission shall revoke a waiver issued under paragraph
(1)if the Commission determines that the basis of a waiver is no longer applicable to the worker and shall notify the worker in writing of the revocation.
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Sec. 201
Qualifying requirements for workers
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