Can I still collect unemployment in Massachusetts if I attend school full time?

Question

I was recently laid off from my job and have already filed for unemployment. I have always worked a full 40 hour work week. At the same time I am also enrolled full time in college taking 12 credits. Several people have told me that since I am also enrolled in school that I won't be able to collect. This doesn't seem fair at all since I have always worked full time as well. Does anyone know the rules regarding this situation? Any help is appreciated.

Answer 1

As long as you are available and actively seeking employment, it shouldn't matter. Here is the statute section:

TITLE XXI. LABOR AND INDUSTRIES


CHAPTER 151A. UNEMPLOYMENT INSURANCE


BENEFITS


Chapter 151A: Section 24. Eligibility


Section 24. An individual, in order to be eligible for benefits under this chapter, shall—

(a) Have been paid wages in the base period amounting to at least thirty times the weekly benefit rate; provided, however, that for the period beginning on January first, nineteen hundred and ninety-five the individual has been paid wages of at least two thousand dollars during said base period; provided, further, that said amount shall be increased annually proportionately, rounding to the nearest one hundred dollars, to any increases which have occurred during the prior calendar year in the minimum wage as set forth in section one of chapter one hundred and fifty-one; and, provided further, that any such increase shall be effective beginning on the first Sunday in January.

Wages paid during the base period which had previously been used to establish a benefit year commencing prior to October third, nineteen hundred and ninety-three, may also be used to establish a benefit year commencing on or after October third, nineteen hundred and ninety-three but prior to October second, nineteen hundred and ninety-four. Notwithstanding the provisions of section thirty-eight regarding responding to a commissioner’s notice, no account of an employer which pays contributions pursuant to section fourteen or section fourteen C or makes payments in lieu of contributions pursuant to section fourteen A shall be charged for any benefits paid based on base period wages used to establish entitlement under this subparagraph but shall be charged to the appropriate solvency account; provided, however, that any benefits paid based on all or any portion of such wages were charged previously to such employer’s account or charged to the appropriate solvency account.

(b) Be capable of, available, and actively seeking work in his usual occupation or any other occupation for which he is reasonably fitted; and

(c) Have given notice of his unemployment, by registering either in a public employment office or in such other manner, and within such time or times, as the commissioner shall prescribe, and have given notice of the continuance of his unemployment and furnished information concerning any remuneration received by him during the period for which he claims benefits, in accordance with the procedures prescribed by the commissioner.

An individual who is certified as attending an industrial retraining course or other vocational training course as provided under section thirty shall be deemed to be available for work under clause (b) of the first paragraph of this section.

No individual shall be considered ineligible for benefits because of failure to comply with the provisions of said clause (b) if such failure is due to an illness or disability which occurs during a period of unemployment after he has filed a claim and registered for work, and has been determined to be otherwise eligible; provided, that no work which would have been considered suitable but for such illness or disability was offered to him after he became ill or disabled; provided further, that the exception granted under this paragraph shall apply to three weeks only within a benefit year.

Note too that it says that those attending "industrial retraining or vocational training" are deemed available for work. Seems this would apply to college also. Check with the DOL.