Cal. Unemp. Ins. Code § 1256.4 (UC)

Cal. Unemp. Ins. Code § 1256.4 – Unemployment Compensation

1256.4.  (a) An individual is disqualified for unemployment

compensation benefits if either of the following occur:

   (1) The director finds that he or she was discharged from his or

her most recent work for chronic absenteeism due to intoxication or

reporting to work while intoxicated or using intoxicants on the job,

or gross neglect of duty while intoxicated, when any of these

incidents is caused by an irresistible compulsion to use or consume

intoxicants, including alcoholic beverages.

   (2) He or she otherwise left his or her most recent employment for

reasons caused by an irresistible compulsion to use or consume

intoxicants, including alcoholic beverages.

   (b) An individual disqualified under this section, under a

determination transmitted to him or her by the department, is

ineligible to receive unemployment compensation benefits under this

part for the week in which the separation occurs, and continuing

until he or she has performed service in bona fide employment for

which remuneration is received equal to or in excess of five times

his or her weekly benefit amount, or until a physician or authorized

treatment program administrator certifies that the individual has

entered into and is continuing in, or has completed, a treatment

program for his or her condition and is able to return to employment.

   (c) The department shall advise each individual disqualified under

this section of the benefits available under Part 2 (commencing with

Section 2601), and, if assistance in locating an appropriate

treatment program is requested, refer the individual to the

appropriate county drug or alcohol program administrator.