HAR §12-5-43. Vocational training or retraining course

(a) For the purposes of section 383-29(e), Hawaii Revised Statutes, and this section, a "vocational training or retraining course" means a technical training course, including field work or apprenticeship-type situations, which is designed to prepare individuals for gainful employment in recognized or new occupations then in existence, or expected to exist in the immediate future. "Vocational training or retraining course" is a technical course in job preparation rather than an academic course and includes training designed to enhance the employability of individuals by upgrading basic skills through remedial or English-as-a-second-language courses. The term "vocational training or retraining course" does not include courses of instruction for an individual which are primarily intended to lead to a baccalaureate or higher degree, or training that has as its purpose the preparation of 19 individuals for employment which requires a baccalaureate or higher degree from institutions of higher education. (b) Generally, an individual possessing skills in a higher rated occupation shall not receive approval of training if that individual undertakes a program of instruction in a lower skill level occupation. However, consideration shall be given to extenuating factors such as the individual's inability to continue in the individual's usual occupation because of illness or injury and the individual's potential to adapt to a new line of work after a reasonable period of instruction. (c) Individuals claiming benefits and receiving approved vocational training shall not be deemed unavailable for work during short school vacations such as Easter, Thanksgiving, Christmas, and between school semesters during the regular school year. When, however, the training course is interrupted by a summer vacation, the individual shall be eligible for benefits only if the individual is able and available for work as provided in Section 12-5-35. (d) During a period of approved training, an individual shall be deemed to have good cause for not applying for or accepting suitable employment if such action would require the individual to terminate that individual's training prematurely. (e) Benefits shall be payable for any period in which the trainee demonstrates satisfactory progress and attendance in an approved vocational training or retraining course as determined by the training facility. [Eff. 6/26/81; am 10/12/00] (Auth: HRS '383-92) (Imp: HRS '383-29(e)) ''12-5-44 to 12-5-46 (Reserved)