ESD asking about 'able and available for 40 hours' - claim at risk?
Just got a notice from ESD with this question: 'We believe you weren't able and available for at least 40 hours of work during some or all your customary work hours.' Has anyone dealt with this before? I'm really confused because I've been available for work the entire time. I'm a part-time admin assistant (was working 32 hours a week before layoff) and have been actively job searching. Is this some kind of standard question they ask everyone? What happens if I say I was available? What if I wasn't? I'm worried about answering wrong and losing benefits. Help!!
17 comments


Yuki Sato
That's a standard eligibility question. ESD requires that you're able and available to work full-time (40 hours) during your claim weeks, even if your previous job was part-time. They're checking if there were any weeks where you couldn't have accepted full-time work if offered. Examples would be if you were sick, out of town, had transportation issues, childcare problems, etc. Answer honestly - if you truly were available all weeks, respond accordingly. If you had limitations during certain weeks, specify which ones.
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Ethan Wilson
•Oh my gosh thank you!!! I was available but didn't realize I needed to be available for 40 hrs when I only worked 32 before. Does that mean I need to search for full-time jobs only? I've mainly been looking for part-time positions similar to my old one.
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Carmen Flores
i got this same exact question last month. just answer truthfully. if u were available say yes if not say no. they might just be doing random checks on ppl.
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Andre Dubois
This is actually a very specific eligibility question that can affect your benefits. The 'able and available' requirement means you must be physically and mentally able to work, and available to accept suitable work during all hours you could reasonably work in your occupation. If you had ANY weeks where you limited your availability (couldn't work evenings/weekends if that's normal in your field, were sick, had transportation issues, family care responsibilities, etc.), you should identify those specific weeks. For weeks you were fully available, confirm that. Be aware that answering 'no' to this question doesn't automatically disqualify you, but you'll need to explain the circumstances. ESD will then determine if your limitations were reasonable and if you had 'good cause' for any availability restrictions.
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Ethan Wilson
•Thank you for the detailed explanation! I was available the whole time but I'm confused about one thing - I was working 32 hours before layoff (Mon-Thurs 8-4). Does that mean I need to be available 40 hours now including Fridays or weekends? Or just during my normal work schedule?
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Andre Dubois
•You need to be available during the customary full-time hours for your occupation, which may include times outside your previous schedule. For administrative work, that typically means regular business hours Monday-Friday. You don't necessarily need to be available 24/7, but if admin assistants in your area typically work M-F business hours, you should be available during those times to accept suitable work.
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CyberSamurai
Everyone gets these dumb questionaires. The system is so broken. I was asked this same thing when I was laid off from WORKING 45 HOURS A WEEK!!! Like how does that make any sense??? ESD just sends these out randomly to try to catch people and deny benefits. They don't care if you were actually available or not, they just want a reason to say NO. It's all a game to them while we struggle to pay rent!!!!!
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Zoe Alexopoulos
•right?? the whole system is designed to make u give up. they ask confusing questions hoping u answer wrong so they can deny ur claim. SO frustrating
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Yuki Sato
•While the system can be frustrating, these aren't random questions. They're standard eligibility checks required by unemployment law. ESD has to verify you meet all eligibility requirements throughout your claim period. Answer truthfully - many claimants get through this without issues.
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Jamal Carter
I had this exact same question! Thought I was going to lose everything. It turned out they were just checking because I had marked I had a medical appointment one week on my claim form. I answered that I was available all the other times, explained I was just at the doctor for 2 hours that one day, and they approved my benefits without any issues. Just be honest about your situation.
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Mei Liu
After 3 weeks of trying to reach ESD about this same issue, I finally got through using Claimyr (claimyr.com). The agent explained that they periodically check continued eligibility with these questions, especially if something in your weekly claim seemed inconsistent. In my case, I had mentioned a doctor's appointment in my work search log. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent was able to look at my file and explain exactly what triggered the question and helped me respond correctly. Worth it to get a clear answer directly from ESD instead of guessing.
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Ethan Wilson
•Thanks, I might try this. Been calling ESD for two days with no luck. Did they explain what happens after you answer the question? I'm worried about how long this might delay my payments.
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Mei Liu
•When I spoke with the agent, they said if you answer that you were fully available (and that's the truth), your payments should continue normally. If you had limitations for legitimate reasons, you'll need to provide details, and they'll determine if those limitations affect your eligibility. In my case, my payment was released the day after I answered the question.
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Yuki Sato
Just to clarify some misconceptions in this thread: The 'able and available for 40 hours' requirement doesn't mean you must be available 24/7. It means you must be available during the normal work hours for your occupation. For administrative work, that's typically business hours Monday-Friday. If you were previously part-time but are now claiming full unemployment benefits, you need to be available for full-time work. This means you should be job searching for both part-time AND full-time positions that match your skills. Answer honestly about any weeks where you had limitations. If there were legitimate reasons (illness, one-time appointments, etc.), explain those. ESD evaluates each situation individually.
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Ethan Wilson
•Thank you so much! I just submitted my response explaining I've been available during standard business hours M-F, even though my previous position was only M-Th. I'll start including more full-time positions in my job search too. Really appreciate everyone's help!
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Fatima Al-Sayed
I went through this exact same process about 6 months ago! The key thing to remember is that "able and available for 40 hours" doesn't mean you need to be sitting by your phone 24/7 waiting for work calls. It means during your normal occupation's work hours, you could accept a full-time position if offered. Since you were an admin assistant, they're asking if during standard business hours (typically M-F 8-5 or 9-5), you were physically able to work and available to accept employment. Things that would make you "not available" would be being out of town, having medical issues that prevented work, lack of childcare during work hours, etc. The fact that your previous job was only 32 hours doesn't matter - when you file for unemployment, you're stating you're ready to work full-time if needed. Just answer truthfully about whether there were any specific weeks where you couldn't have accepted a full-time admin position during business hours. If you were available all weeks, say so. If there were a few days you weren't (like for a medical appointment), specify those and explain why. Don't overthink it - they just need to verify continued eligibility. Most people get through this without any issues!
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Alexander Evans
•This is super helpful, thank you! I was getting really anxious about this whole thing but your explanation makes it so much clearer. I've been available during normal business hours the entire time and have been actively job searching. I had one dentist appointment that lasted 2 hours on a Tuesday morning, but other than that I've been completely available. Should I mention that appointment specifically or is that too minor to worry about?
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