STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

JASMINE L BROWN, Employee

MCDONALDS, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 11605946MW


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employee initiated a claim for unemployment benefits in week 52 of 2009. Her benefit year ended in week 51 of 2010. The employee exhausted her eligibility for regular, emergency, and extended unemployment benefits in week 21 of 2011. As of week 22 of 2011, the only unemployment benefit program for which the employee was potentially eligible was extended training benefits.

The issue to be decided is whether the employee was eligible for extended training benefits in or after week 22 of 2011.

The employee's goal is to obtain her associate's degree in accounting from the Milwaukee Area Technical College (MATC). Prior to enrolling at MATC, the employee underwent placement testing. Based on her test scores, the employee was required to take math and reading classes before enrolling in courses in the accounting program. The employee began a 5-credit math class and a 1.45-credit reading class on June 13, 2011 (week 25). The classes ended on July 21, 2011 (week 30).

Under Wis. Stat. § 108.06(7), to be eligible for extended training benefits a claimant must be otherwise eligible for benefits, be currently enrolled in approved training (as defined in Wis. Stat. § 108.04(16)), and, if not in a current benefit year, have a benefit year that ended no earlier than 52 weeks prior to the week for which the claimant first claimed extended training benefits.

As of week 22 of 2011, the first week the employee filed a claim for extended training benefits, the employee had exhausted her rights to regular, emergency, and extended unemployment benefits. She was otherwise eligible for benefits, and her benefit year ended within the previous 52 weeks. Having met those requirements, the only question remaining is whether the employee's schooling beginning in week 25 of 2011 was "approved training," as defined in Wis. Stat. § 108.04(16).

Wisconsin Stat. § 108.04(16) provides:

(16) APPROVED TRAINING. (a) In this subsection, "approved training" means:

1. A course of vocational training or basic education which is a prerequisite to such training in which an individual is enrolled if:

a. The course is expected to increase the individual's opportunities to obtain employment;

b. The course is given by a school established under s. 38.02 or another training institution approved by the department;

c. The individual is enrolled full time as determined by the training institution;

d. The course does not grant substantial credit leading to a bachelor's or higher degree; and

e. The individual is attending regularly and making satisfactory progress in the course.

The department defines vocational training in its Disputed Claims Manual as non-academic, skill-oriented training that provides the student with job tools and skills that can be used in the workplace. It includes technical, skill-based, or job readiness training intended to pursue a career. The department defines basic education as basic course work, such as English, math, or reading. To be considered approved training, basic education must be a prerequisite to vocational training. Disputed Claims Manual, Approved Training, Part II, Section G: Regular Vocational Training.

The department accepts a training institution's definition of full-time when determining whether an individual is enrolled in approved training on a full-time basis. If a student is carrying less than a full-time schedule as defined by the training institution but is taking all the credits needed to complete a particular course of study, the student is considered full-time. Hubbard v. Quadra, UI Dec. Hearing No. 07600059RC (LIRC April 23, 2007).

In this case, in weeks 25 through 30 of 2011, the employee was enrolled in basic education provided by a technical college. Her math and reading classes were a prerequisite to vocational training that will lead the employee to an associate's degree in accounting. The employee was taking all of the credits she needed before being allowed to enroll in the technical college's accounting program. Consequently, regardless of the fact that the employee was carrying a course load of 6.45 credits, she is considered to have been a full-time student for approved training purposes.

The commission therefore finds that, in weeks 25 through 30 of 2011, the employee was eligible for extended training benefits, within the meaning of Wis. Stat. § 108.06(7).

DECISION

The decision of the administrative law judge is modified to conform with the foregoing and, as modified, is reversed. Accordingly, the employee is eligible for extended training benefits in weeks 25 through 30 of 2011, if otherwise qualified.(1)


Dated and mailed October 31, 2011
brownja . urr : 152 : 1

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

 

NOTE: The commission did not consult with the administrative law judge regarding witness credibility or demeanor. The commission did not reverse the appeal tribunal based on a differing assessment of witness credibility or demeanor but reverses as a matter of law.

MEMORANDUM OPINION

In her petition for review, the employee reported that she is enrolled in two classes and carrying 7 credits for the fall 2011 semester. If the employee believes she may be eligible for extended training benefits under Wis. Stat. ยง 108.06(7) based on that coursework, she is encouraged to reopen her claim for unemployment benefits(2) and request an eligibility determination. The commission notes, however, that, as a general rule, MATC considers 12 credits to be full-time for the fall and spring semesters.



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uploaded 2012/01/03


Footnotes:

(1)( Back ) Department records show that, in August 2011, the employee was paid extended benefits for weeks 23 through 34 of 2011.

(2)( Back ) According to department records, the employee has not filed weekly claim certifications for unemployment benefits since week 35 of 2011.