Thursday, February 7, 2013

FAQ: Filing Unemployment - Part 2

  If you missed part 1, please click here: http://topimmigrationnews.blogspot.com/2013/02/faq-filing-unemployment-part-1.html

I just quit my job. Will I be eligible?
When an individual files a claim for UI benefits, the Department documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide written information about the reason the individual is no longer working when responding to this notice.
If the individual quit, the EDD will conduct a telephone interview with the individual and the employer approximately two weeks after the claim is filed to determine whether or not the individual is eligible for UI benefits, according to state law and regulations.
State law provides that an individual who quits his/her job may be eligible for UI benefits provided there was “good cause” for leaving employment, and the individual made all reasonable attempts to keep their job (e.g., request of leave of absence or transfer). Once all reasonable alternatives to leaving have been attempted, good cause may include situations such as leaving work due to unsafe working conditions, leaving work based on a medical doctor’s advice, or leaving work to protect oneself or one’s child from domestic violence.
The EDD staff will determine on a case-by-case basis, whether the facts presented for the quit are “good cause” according to state law. The individual must also meet all other eligibility requirements before UI benefits can be paid.
The Department’s law and policy guidelines regarding Voluntary Quits are available on the EDD Web site.

What if I lost my job and cannot work because of the disaster or emergency?
If you are unemployed due to a disaster or emergency, you may be eligible for Unemployment Insurance (UI) benefits.
When you file your UI claim, you must tell us that you were unemployed as a result of a disaster or emergency. UI claims can be filed online, by telephone, by mail, or by fax. Find information about filing a UI claim or call EDD at one of the numbers listed below in the Disaster Unemployment Assistance section.
Individuals with current claims for benefits, who are unable to receive their Unemployment Insurance payments at their home due to the disaster or emergency, should contact their local post office.
Disaster Unemployment Assistance
If the President of the United States declares a disaster in your area, payment of Disaster Unemployment Assistance (DUA) may be authorized. Individuals who become unemployed as a result of the disaster, and who do not qualify for regular Unemployment Insurance (UI) benefits, may file for DUA. View DUA Fact Sheet
Can I attend school or training and receive UI benefits?
The California Training Benefits (CTB) program allows qualified individuals to continue to receive benefits while in training approved by the EDD. For more information:
Individuals who attend school or training and are not eligible for the CTB program may still qualify for UI benefits if they continue to be available for work and actively seek work. The Department determines if the individual is entitled to UI benefits.

What if I am sick or injured, and cannot work?
An individual who files for UI benefits must be physically able to work, available for work, ready and willing to immediately accept work, and meet all other eligibility requirements before UI benefits can be paid.
An individual who is not eligible for UI benefits because they are sick or injured, can file a claim for California’s State Disability Insurance (SDI) program. SDI provides short-term benefits to an eligible individual who suffers loss of wages because he/she is unable to work due to a non-work related illness or injury, or due to pregnancy or childbirth. SDI benefits can be paid only after an individual meets all of the basic eligibility requirements.
Individuals cannot receive SDI benefits for the same period of time in which UI benefits are paid.
The Department’s law and policy guidelines for being Able and Available for work and information about SDI eligibility, and the SDI program are available on the EDD Web site.

What if I am taking care of a family member or bonding with my new minor child, and cannot work?
An individual who files for UI benefits must be physically able to work, available for work, ready and willing to immediately accept work, and meet all other eligibility requirements before UI benefits can be paid.
An individual who is not eligible for UI benefits because they are caring for a family member or bonding with a new minor child in connection with the birth, adoption or foster care placement of that child, can file a claim for California’s Paid Family Leave (PFL) program. The PFL program is part of California’s State Disability Insurance (SDI) program and provides short-term benefits to an eligible individual who takes time off work to care for a seriously ill child, spouse, parent or domestic partner or bond with a new minor child. PFL benefits can be paid only after an individual meets all other PFL eligibility requirements.
An individual cannot receive PFL benefits for the same period of time in which UI or Disability Insurance benefits are paid.
The Department’s law and policy guidelines for being Able and Available for work and information about PFL eligibility, the PFL program, and SDI program are available on the EDD Web site.

How does vacation pay or holiday pay affect my eligibility to receive unemployment insurance benefits?
Vacation pay or holiday may be deducted from your benefits. It will depend on whether or not you have been given a definite date to return to work at the time you were placed on layoff status:
  • If you are not given a definite date to return to work, any vacation pay or holiday pay paid to you when your job ends is not deducted from your weekly benefit amount.
  • If you are given a definite date to return to work, any vacation or holiday pay for the period of the temporary layoff is deductible from your benefits. The Department will allocate vacation and holiday pay as follows:
    • Vacation pay will be allocated to the number of days you requested vacation or to the number of days your employer required you to use as vacation during the temporary layoff.
    • Holiday pay that is paid before you return to work will be allocated to the week(s) in which the holiday(s) fall. Holiday pay that is paid after you return to work will be allocated to the week that you return to work.


   What is a determination?
A determination is a written notice mailed to the claimant and/or an employer that provides a decision on a claimant’s eligibility for UI benefits. The determination is issued by EDD and may be based on the reason the claimant’s job ended, or other eligibility issues.

Continue to Part 3: http://topimmigrationnews.blogspot.com/2013/02/faq-filing-unemployment-part-3.html

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