§ 8-73-113. Benefits Payable During Approved Training – Definition

1. Notwithstanding any other provisions of articles 70 to 82 of this title, the division shall not deny benefits for any week to an otherwise eligible individual because:
   1. The individual is in training approved under section 236 (a)(1) of the federal “Trade Act of 1974”, Pub.L. 93-618, codified at 19 U.S.C. sec. 2296 (a)(1), as amended;
   2. The individual left work to enroll in the training, as long as the work left is not suitable employment;
   3. Of the application of provisions of articles 70 to 82 of this title relating to availability for work, active search for work, or refusal to accept work to any week in which the individual is enrolled in the training;
   4. The individual left work that he or she engaged in on a temporary basis during a break in the training or a delay in the commencement of the training; or
   5. The individual left on-the-job training not later than thirty days after commencing the training because the training did not meet the requirements of 19 U.S.C. sec. 2296 (c)(1)(B) of the federal “Trade Act of 1974”, as amended.
2. As used in this section, “suitable employment” means, with respect to an individual, work of a substantially equal or higher skill level than the individual’s past adversely affected employment, as defined for purposes of the federal “Trade Act of 1974”, as amended, and wages for such work at not less than eighty percent of the individual’s average weekly wage, as determined for the purposes of the federal “Trade Act of 1974”, as amended.

Source: L. 82: Entire section added, p. 236, § 2, effective July 1. L. 2011: (1) amended, (SB 11-010), ch. 76, p. 208, § 1, effective March 29.