Both the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relieve, and Economic Security (CARES) Act have greatly expanded access to unemployment insurance benefits to workers impacted by COVID-19. The CARES Act provides enhanced Unemployment Insurance (UI) benefits and Pandemic Unemployment Assistance (PUA) for individuals. The program provides $250 billion for an extended unemployment insurance program and expands eligibility. The CARES Act broadly covers: “self-employed, is seeking part-time employment, does not have sufficient work history, or otherwise would not qualify for regular unemployment compensation.”
The CARES Act provides an additional $600 per week of unemployment insurance benefits for 4 months per worker, on top of what state programs pay. The additional weekly payments end on July 31, 2020. Unemployment insurance is now expanded by 13 weeks retroactive to January 27, 2020 after exhausting state requirements. In total, unemployed workers are eligible to receive up to 39 weeks of unemployment benefits until December 31, 2020. The legislation applies to furloughed employees, freelancers, self-employed, independent contractors, and gig economy workers.
The U.S. Department of Labor clarified the circumstances under which a state my expand access to unemployment insurance to applicants unable to work, including:
- Being diagnosed with COVID-19 or have symptoms of it and seeking diagnosis
- Living with a member of a household has been diagnosed with COVID-19
- Providing care for someone diagnosed with COVID-19
- Providing care for a child or other household member who cannot attend school or work because it is closed due to COVID-19
- Undergoing quarantine or have been advised by a health care provider to self-quarantine
- scheduled to start employment and not have a job or cannot reach their place of employment as a result of the COVID-19 outbreak
- Became the breadwinner for a household because the head of household has died as direct result of COVID-19
- Forced to quit employment as a direct result of COVID-19
- Their place of employment is closed as a result of COVID-19
- Meet any other criteria established by the Secretary of Labor
Below are additional eligibility criteria:
- All workers are eligible to receive the additional $600 per week provided by the CARES Act, even those workers who receive partial unemployment benefits
- Only workers authorized to work in the United States are eligible for unemployment insurance benefits.
- Workers who can telework with pay or are receiving paid sick or paid leave benefits are not eligible for unemployment insurance benefits
District of Columbia
The D.C. Council passed the COVID-19 Response Emergency Amendment Act of 2020 (B23-0718 or Act 23-247). As emergency legislation, the measures are set to expire on June 15, 2020. The emergency legislation extends availability of unemployment compensation to employees affected by COVID-19. The Council’s COVID-19 measures also allow eligible workers to receive their unemployment benefits as soon as they apply without the usual one-week waiting period. Workers also are not required to be actively looking for work in order to receive unemployment benefits. D.C. workers who can access the extended unemployment compensation benefits including:
- Workers who have become unemployed or partially unemployed due to the public health emergency, because their employers have ceased or reduced operations due to District Department of Health (DOH) guidance, actions by the Mayor, or otherwise have seen a reduction in revenues because of the COVID-19 crisis
- Workers who are in quarantine or isolation, either because they were specifically instructed to do so or because they are following recommendations from DOH, another government agency, or a medical professional
- Workers who quit or otherwise left employment because their employer failed to comply with public safety directives from DOH, or because the employer required them to be physically present at work after they were advised to self-quarantine
In D.C., a worker cannot apply for unemployment insurance benefits if schools are closed by D.C. government because of COVID-19 and are unable to find childcare. Nor can a worker receive unemployment insurance benefits for refusing to go to work due to fear of contracting COVID-19.
More information on who is covered and how unemployment insurance coverage intersects with paid sick leave and workers’ compensation during the COVID-19 crisis is shown in the chart from the District Department of Employment Services (DOES). To apply for unemployment insurance in D.C., visit https://does.dc.gov/.
Maryland
The Maryland General Assembly passed emergency legislation to extend temporary unemployment insurance benefits to employees who will lose their jobs due to the coronavirus pandemic. The legislation allows the state to extend temporary unemployment benefits to workers who are required to be quarantined or whose employers temporarily close.
The legislation also makes people eligible for benefits when they must leave their jobs due to risk of exposure or to care for an infected family member. Maryland’s Division of Unemployment Insurance provides answers to FAQ’s about COVID-19 and unemployment insurance benefits on their UI Benefits Administration page. To apply for unemployment insurance in Maryland, visit https://secure-2.dllr.state.md.us/NetClaims/Welcome.aspx.
Virginia
Virginia’s governor announced new measures directing the Virginia Employment Commission to provide additional steps to help Virginians impacted by COVID-19. They include the following:
- No one-week waiting period for unemployment benefits to ensure workers can receive benefits as soon as possible
- Workers may be eligible to receive unemployment benefits if an employer needs to temporarily slow or cease operations due to COVID-19
- If a worker has been issued a notice to self-quarantine by a medical or public health official and is not receiving paid sick or medical leave from their employer, they may be eligible to receive unemployment benefits
- In addition, a worker may be eligible for unemployment benefits if they must stay home to care for an ill family member and are not receiving paid family medical leave from their employer
- Individuals receiving unemployment insurance will get special consideration on deadlines, mandatory re-employment appointments, and work search requirements
Virginia has also issued a guide to answer frequently asked questions from workers regarding COVID-19. To apply for unemployment insurance in Virginia, visit http://www.vec.virginia.gov/unemployed.
Some final practical notes when applying for unemployment insurance benefits:
- Given the high volume of claims being made, phone lines to state unemployment insurance agencies, it is best to apply online or fax in your application for faster results
- If a worker does not have wages in the unemployment insurance system, submitting proof of employment (e.g., pay stubs) and earnings (prior year tax return) is required
- If a worker cannot obtain reliable employment and/or earnings documentation, then submitting an affidavit may be acceptable
- While some jurisdictions are waiving the requirement that you conduct job searches to maintain eligibility to receive unemployment insurance benefits, it is still a good idea to keep track of your job search activity in an organized way for your records. Click here for a helpful way to manage your job search activity.
For general information about unemployment insurance benefits and what all states are doing to expand access, click here and here. If you have any further questions about applying for unemployment insurance benefits or need any other HR/Career advice, please contact Edgar Ndjatou, Founding Principal at Officium, LLC.