61-6-66. Disqualification for extended benefits on failure to seek or accept suitable work--Exception.
No individual may receive extended benefits for any week of unemployment in the individual's eligibility period if the secretary finds that during the period the individual failed to accept an offer of suitable work, failed to apply for suitable work to which the individual was referred by the secretary, or failed to actively engage in seeking work.
An individual who has been found to be ineligible for extended benefits shall be denied benefits for the week in which the failure occurred and until the individual has been subsequently employed for at least six calendar weeks in insured employment and has earned wages of not less than the individual's weekly benefit amount in each of those six weeks.
The term, suitable work, in this section means any work within an individual's capabilities which has a gross weekly wage that exceeds the individual's weekly benefit amount plus any supplemental unemployment benefits and which pays not less than the higher of the federal minimum wage as provided by the Fair Labor Standards Act or the state minimum wage.
No individual may be denied extended benefits for failure to accept an offer of, or apply for, a job which would otherwise be suitable work if:
(1)The position was not offered to the individual in writing or was not listed with the department;
(2)The position does not constitute suitable work under §61-6-17; or
(3)The individual furnishes satisfactory evidence to the secretary that the individual's prospects for obtaining work in the individual's customary occupation within three weeks are good. If such evidence is satisfactory, suitable work shall be determined in accordance with §61-6-17.
An individual is actively seeking work during a week if the individual engages in a sustained and systematic effort to obtain work during that week and the individual furnishes tangible evidence that the individual has engaged in such an effort during that week.
The department shall refer an individual who is entitled to extended benefits to any suitable work which meets the criteria described in this section.
Source: SL 1983, ch 22, §20; SL 1993, ch 377, §18; SL 2008, ch 277, §148; SDCL §61-6-45; SL 2012, ch 252, §§58, 59.
Structure South Dakota Codified Laws
Title 61 - Reemployment Assistance
Chapter 06 - Reemployment Assistance Benefits
Section 61-6-1 - Requirements for eligibility for benefits during week.
Section 61-6-2 - Computation of weekly benefit amount.
Section 61-6-4 - Minimum base period and highest quarter wages required for benefits.
Section 61-6-6 - Eligibility requirements for waiting period.
Section 61-6-7 - Wages for insured work.
Section 61-6-8 - Maximum benefit amount based on base period wages--Trade readjustment payments.
Section 61-6-9.1 - Good cause for voluntarily leaving employment restricted to certain situations.
Section 61-6-13 - Benefits denied to persons employed while incarcerated--Reemployment.
Section 61-6-14 - Separation for misconduct--Additional claims during benefit year.
Section 61-6-14.1 - Misconduct defined.
Section 61-6-15 - Benefits not payable for unemployment due to labor dispute--Exceptions.
Section 61-6-16 - Failure to seek or accept suitable employment.
Section 61-6-17 - Factors considered in determining suitability of offered employment.
Section 61-6-20 - Student may not receive benefits.
Section 61-6-23 - Benefits for individuals seeking only part-time work.
Section 61-6-29 - Employee working for an employer under contract with a public or private school.
Section 61-6-33 - Federal school employees not disqualified.
Section 61-6-34 - Benefits not paid to aliens--Exceptions--Determination of alien status.
Section 61-6-35 - Benefits not payable for week in which other compensation received.
Section 61-6-38 - Misrepresentation to increase benefits unlawful.
Section 61-6-39 - Denial of benefits from discovery of misrepresentation--Penalties.
Section 61-6-41 - Deduction or repayment of overpayments.
Section 61-6-42 - Waiver of right to recover overpayment.
Section 61-6-43 - Collection or deduction of overpayments by another state.
Section 61-6-45 - Cancellation of uncollectible overpayments.
Section 61-6-46 - Benefits restricted to amount in the unemployment compensation fund.
Section 61-6-47 - Waiver of rights and benefits prohibited--Violation as misdemeanor.
Section 61-6-49 - Extended benefits--Definition of terms.
Section 61-6-50 - Computation of unemployment rate to follow federal regulations.
Section 61-6-51 - Determination of state "on" indicator.
Section 61-6-52 - Determination of state "off" indicator.
Section 61-6-53 - Minimum period between extended benefit periods.
Section 61-6-54 - Public announcement of commencement or termination of extended benefit period.
Section 61-6-55 - Extended benefits limited to exhaustees--Eligibility for regular benefits.
Section 61-6-56 - Exhaustee defined.
Section 61-6-58 - Qualification for extended benefits on termination of regular benefit year.
Section 61-6-59 - Applicable benefit year defined.
Section 61-6-60 - Amount of weekly extended benefit--Reduction.
Section 61-6-62 - Extended benefits not chargeable to employer.
Section 61-6-63 - Claims for and payment of extended benefits.
Section 61-6-64 - Administration of extended benefits to conform to federal requirements.
Section 61-6-65 - Interstate claims--Eligibility for extended benefits.
Section 61-6-67 - Voluntary withholding of federal income tax from benefit payments.
Section 61-6-68 - Reemployment assistance eligibility integrity.