With thanks to the Pennsylvania Health Access Network (http://www.pahealthaccess.org):
Are there exceptions at this time for people who are new to the workforce and don’t have the work history to qualify for unemployment?
There aren’t exceptions at this time. Eligibility depends on when the individual started earning and if they have earned enough to qualify. As of April 1, the Department will consider all income from 2019. It is typically difficult for new entrants to qualify if they don’t have a history of employment, however, those without a sufficient work history may be eligible under the new Pandemic Unemployment Assistance program passed by Congress.
Should you file for UC if your employer agrees to pay you through the end of the month?
You can file now and report in your biweekly claims that you are being paid full time for any such weeks. You should put your last day of work as the last date you actually worked, not the last day you were paid for.
If someone receives a bonus check, do they need to claim the income?
Most likely not. If a bonus is a gift (which a lot of employers are offering to help people out), it is not deductible and you do not need to report it (like Christmas bonuses). However, if it’s attributable to your work, such as related to your production over a period of time (you hit X number of hours or X number of cases), it is allocated to the time frame and must be reported (and will be deducted from your benefits for that timeframe). For other, non-UC benefits, the change in income must be reported by the 10th of the month.
Is there going to be a forbearance in the collection of fault overpayments from checks? Or maybe a smaller amount?
Currently there is no forbearance or waiver procedures. This is being addressed with the Department.
Will independent contract income prior to company employment be counted for purposes of determining UC eligibility?
No, if you were paid as a 1099, that income will not show up on your Notice of Financial Determination.
Are there any special considerations for pregnant women who deliver while receiving unemployment to avoid an overpayment?
Yes, during the weeks that someone is not able or available to work due to recovery from birth, the claimant can report on her biweekly filings that she is not “able and available” or not file claims. If she stops filing, she will need to reopen her claim when she wants to file again (that can be done online or over the phone). She may receive a Notice of Determination in the mail finding her ineligible for the weeks she said she was not able and available — that is accurate, as long as UC gets the weeks right. She can reinstate her eligibility by contacting UC by phone or uchelp@pa.gov and informing them she is able to work again. If she did not submit a doctor’s note to her employer taking her out of work, then she does not need to provide a doctor’s note clearing her for work when she contacts UC. They may ask for one, so she should stress that she personally determined she was not able to work while she recovered and now feels well enough to work (although a doctor’s note never hurts).
Can you comment on religious nonprofit employment if they don’t pay into UC?
For religious nonprofits, individuals may not be eligible as their wages may not count as earned in “employment” under the PA UC law. The law excludes “Service performed in the employ of (i) a church or convention or association of churches or (ii) an organization which is operated primarily for religious purposes and which is operated, supervised, controlled or principally supported by a church or convention or association of churches.”
If you are self-employed you can still qualify for unemployment?
If you are self-employed, meaning you operate your own business, you are not eligible for PA UC benefits. However, you may be eligible under the new Pandemic Unemployment Assistance program passed by Congress.
Do people have to file different UC claims if they lost more than one job?
No, individuals do not have to file separate applications based on separate employers. A UC application is based on your entire work history, not based on an individual employer. If you have lost a second job since you filed an application for benefits, report that on your first biweekly claim, or email uchelp@pa.gov.
Do you have to share your medical history or status when applying for UC?
No. However, if a doctor has prohibited you from working due to a medical condition, you need to say you are not “able and available” for work on your application and you will not be able to collect benefits at this time. As soon as your doctor releases you to work, you can provide that letter to unemployment and they will start your benefits.
If an employee is between jobs, but the new job is on hold, does an individual still qualify for UC?
Yes. You will be eligible for UC if you had a firm offer of employment from the new employer. A “firm offer” is a job offer that specifies the conditions of employment, such as wages, hours, duties, and starting date. If you quit your previous job to accept employment and the firm offer is cancelled, or the starting date is pushed back, you should be eligible for UC. When you apply for benefits, you should report your last job as your separating employer and state that you quit because you were seeking work and had a firm offer.Save proof of that firm offer if you have it.
Can an employer make you return to work if you are at risk?
There could be a potential issue under occupational safety and health law. For UC purposes, if you are high risk and your employer remains open, and you do not feel safe going to work — tell your employer and put it in writing. If they do not offer you a form of remote work or an accommodation that addresses your concerns, see if you can take a leave of absence. If you take a leave of absence or quit your job, you will need to report your separation that way when you apply for UC benefits. However, in this situation you should be eligible for benefits as you had good cause and you tried to preserve your employment.
If the Federal bill passes, will the max benefit be $1151?
It will be $1,561 — however, there is a minimal deduction in place for solvency reasons, and some people choose to have federal taxes withheld, so that may not be the amount that actually gets deposited on a debit card or in a bank account.
Can you describe benefits for workers suffering partial loss of work?
This is a reduction of hours and you may be eligible for partial unemployment benefits. They should go ahead and file for benefits and report their weekly hours worked and earnings from that work (even if they have not yet been paid), and UC will determine if they qualify for benefits on top of that. It is important to be honest about earnings — if you lie and unemployment learns about it later, you will get an overpayment.
Should an individual apply for unemployment benefits first before they apply for MA or SNAP to avoid fraud claims for false reporting down the line?
If individuals need benefits now, they should apply now. If they receive unemployment after, they need to report that income to the CAO which will reduce benefits accordingly.
Does it matter if the short term gig work is in the same line of business as the full time work they were laid off from? (i.e. daycare worker who takes up babysitting)
If individuals are not planning on having gig work be their full time job as opposed to the W2 employer, it shouldn’t matter if fields match up. If you receive a questionnaire or a phone call about your gig work, make sure you explain it is temporary because of the crisis and you do not plan to continue working outside of W2 employment when this has ended.
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