Again, other than union employees or employees with written contracts, employers can change how much it pays towards health insurance, or stop paying this benefit altogether without running afoul of any employee protection laws. All Rights Reserved, This is a BETA experience. Yes, if your employer has reduced your hours of work or your wages, you may be eligible for partial unemployment benefits. Where a claimant is working less than his full-time hours and his gross earnings for a week are equal to or less than the PBC, the claimant's full WBR is payable for the week. The COVID-19 pandemic has caused an unprecedented number of Florida workers to experience layoffs, reduced hours and furloughs. I’m a dental assistant and our office has been shut down except for emergencies. Is an employer allowed to “bank” hours that you don’t work and have you pay them back later if they pay you your full 40 hour weekly amount, but you end up not working all those hours in a week because either your business is not busy enough or you can’t keep proper social distancing with your coworkers? With Work Share, instead of reducing staff, an employer reduces the hours of work for a group of workers. For example, some states require self-employed people to file a separate application to receive benefits under the PUA program. Self-employed individuals, including independent contractors, should apply for PUA (and are also eligible for the enhanced $600 weekly benefit from the federal government). Please enable scripts and reload this page. However, if you are an at-will employee, an employer can ask you to help with personal errands and to work on matters that are unrelated to your job as long as the employer is paying you properly under the Fair Labor Standards Act and applicable state wage laws, the job is not harmful to your health, and you are capable of doing the job. Can the dentist make us work in the office if it is non-essential or to do menial jobs? We did end up getting the payment from my employer on the 24th but we have not been asked to come in and work. Pandemic Unemployment Compensation (PUC) added an additional $600 weekly payment through July 31, 2020, to certain eligible individuals who are receiving other benefits, and Pandemic Emergency Unemployment Compensation (PEUC) extends certain benefits. I love to answer credit questions, so feel free to ask! I work in accounts payable. You may be trying to access this site from a secured browser on the server. For example, if there isn’t enough work to do based on your job description, can they transport you to an off-site location to install a personal property cow fence? WorkShare allows your employer to cut your hours anywhere from 10% to 60%. If your hours of work have been reduced or you otherwise continue to work less than your normal full-time work week, you may be eligible for partial benefits. 78% Upvoted. Unemployment for Reduced Work Hours If your employer has reduced the number of hours you can work or shut down completely due to COVID-19, you may be able to file an unemployment claim. As far as health insurance, the answer is more murky. Last year, residents working reduced hours … Please note that where you may be working part time (up to 24 hours per week in self-employment), but are earning more €960 over an eight week period, a new scheme, the COVID-19 Part Time Job Incentive for the Self-Employed is a further support available to self-employed people who are in receipt of the COVID-19 Pandemic Unemployment Payment or a Jobseeker’s payment and are … I got a call [from my employer] on April 17 saying they were getting the PPP (Paycheck Protection Program) loan and they may pay us on April 24. The Top 10 Frequently Asked Questions About CARES Act Loans, Small Business Relief: COVID-19 Resources for Startups, Newly Available CARES Act Loans: 10 Things Small Businesses Need to Know, Finance Your Own Business: Get on the Financing Fast Track, Debt Collection Answers: How to Use Debt Collection Laws to Protect Your Rights. The only possible exception would be for employees with contracts and union employees, where those contracts would determine if an employer can stop making these payments. Example 2: The claimant's earnings for the week are $30. In either case, the request needs to be reasonable. This includes employees who are self-isolating following a COVID-19 diagnosis and those who are caring for their child at home because their child’s “school or place of care has been closed, or the child care provider of such child is unavailable, due to coronavirus.” There are various other laws that may potentially come into play as well, and right now employers and employees alike need to be making decisions based on the specific facts and circumstances at hand. Case in point many of Delta Airline workers had their hours reduced by 25%. To be eligible for benefits based on your job separation, you must be either unemployed or working reduced hours through no fault of your own. Also, self-employed individuals who have the ability to work from home or telework, or who are receiving other paid benefits, may be ineligible for PUA benefits. Answer from Nick Oberheiden, Attorney & Founder of Oberheiden, P.C. You work fewer hours and receive your reduced wages, while unemployment benefits help make up the difference. Under a SharedWork Ohio plan, the participating employer reduces affected employees’ hours in a uniform manner. Wisconsin unemployment benefits are available to individuals partially unemployed due to working reduced hours. Please note: The opinions in this article are for informational purposes only, are general in nature, and should not be relied upon or construed as a legal opinion or legal advice. By reducing hours instead of laying off workers, employers are still able to reduce overhead costs while headcounts remain stable. The $31.01 is rounded up to $32.00. I will not be making enough to get by. Is the task demeaning? When you apply for unemployment benefits, you establish an active unemployment account for 52 weeks. Would it be considered a severance payment? To provide these benefits, employers have to set up written “plan documents” which set the rules for these contributions, including whether and how soon an employer can stop making them. Unemployment Insurance and COVID-19 FAQs If you are not working or working reduced hours due to COVID-19, you may be eligible for Unemployment Insurance (UI) benefits. I understand the concern of employees here, as some may be earning more on unemployment compensation—as a result of the federal unemployment insurance supplement—but employers (state orders permitting) have the right to compel employees back to work. You may file a claim for benefits the first day after becoming separated from employment or after your employer has significantly reduced your work hours. If your hours were reduced, you may also be eligible for partial unemployment benefits. UC service center office immediately. Depending on when you applied, several states may not have been ready to process PUA applications. Employers and employees should consult their own attorney for advice about their specific situation. Unemployment for reduced hours? See Am I eligible for UC? Work Share provides an alternative for employers and workers who may be facing the prospect of a lay off situation. The plan does not serve as a subsidy to seasonal employers during the off-season or as a subsidy to employers who traditionally use part-time employees. Example 1: The claimant's earnings for the week are $29. In most states, people who still are employed may qualify for partial unemployment benefits if their employers drastically cut their work hours due to lack of work. If a former employee declines an offer for a position that he or she is capable of filling, or if the company hires a replacement employee, then the former employee’s unemployment eligibility could be terminated. Example 5: The claimant's earnings for the week are $131. But there are two limits to this: First, in some cases, depending on the insurance carrier and the plan documents, those kinds of changes cannot be done during the middle of a “plan year,” but would have to wait until the open enrollment period (which occurs on different dates for each health care plan). You should file an During the last three weeks my hours have started to dwindle, and I am now only working three days a week. Answer by Travis Hockaday, Attorney at Smith Anderson: Workers who are working reduced hours as a direct result of COVID-19 may be eligible for unemployment benefits, and should apply if they believe that they may qualify. These 12 months (which may be different than a calendar year) are referred to as a benefit year. The UI program was established as a means to protect those who are involuntarily unemployed from the financial burdens and dangers that come with being unemployed. You may be eligible for a partial benefit if you are working less than 32 hours or earned $500 or less in gross wages in a week. For more information, please review the COVID-19 UI Fact Sheet below and the FAQs on this page. A claimant's PBC is the amount equal to 30 percent of his Full-time employment with reduced hours is employment in respect of which social security contributions are payable and when the employee agrees with his/her employer to work less hours than those worked by a comparable full-timer. There may be additional sources of funding … When the claimant's gross earnings for a week exceed the PBC, the gross earnings are deducted from the sum of the WBR plus PBC to determine the amount of any partial benefits for which the claimant may be eligible. Check your application to determine whether you applied for traditional unemployment benefits (UI) or benefits under the Pandemic Unemployment Assistance (PUA). You must be able and available for work each week. Thereafter, you should file biweekly claims for UC benefits as instructed. My employer is approved for a PPP loan. I was laid off, I am now collecting unemployment (including the extra $600/week) and my employer applied for the PPP loan AFTER they laid me off. Unemployment Benefits Contact Information. Reduced Hours. It only asks if we worked. To find out if you are eligible, start your application for benefits as soon as you know that your hours are bein g reduced. Partial Unemployment Insurance benefits are then paid to supplement workers' reduced … And on the pay stub I was sent it says the pay period was for 4/6 to 4/19 but I already filed claims for those weeks before I even knew about this. In order to receive benefits, an individual must meet the financial eligibility requirements of the PA UC Law; be unemployed through no fault of his/her own; and be able and available for work. However, in order to remain eligible for unemployment benefits, a former employee must be “available to work,” which means that he or she must be actively looking for employment and not suffering from a disability or other medical condition that impairs his or her ability to work. If my hours are reduced but I am still employed, can I apply? See all articles by Gerri Detweiler. Yes, it is true (and very conceivable) that an employee can earn more by not working than working. I applied for unemployment insurance in California once the CARES Act/PUA was open to the self-employed. This article was originally published on AllBusiness. My employer received the PPP. Answer from Peter L. Frattarelli, Partner and Chair of Labor & Employment at Archer & Greiner P.C. Unemployment Benefits: Employees who have their hours reduced may be eligible for partial unemployment benefits, typically a portion of the pay that they would have received if they were fully unemployed. 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