As employers continue to navigate through the Covid-19 pandemic, the CARES Act has provided a tremendous amount of optimism. UTCA has been diligently providing insight to clients, non-clients, human resources and industry associations as they all pose their unique situations. Among the economic provisions being extended to businesses of all size and scope, the unemployment implications are still evolving.
Since the passing of the CARES Act., many are curious as to how and when the additional UI supplements are being issued. Pressure mounting from curious furloughed employees is inundating not only the state unemployment agencies, but HR departments as well. So we hope to shed some light on the current status so you can keep your employees and departments informed.
It is important to understand that while the federal government has passed several tiers of unemployment relief (read the summary here), the individual state agencies now must work directly administer these federal provisions. There is not a universally outlined implementation process from the U.S. Department of Labor that can easily integrate into the state systems. Coupled with the tremendous operational demand of new claim filings, state agencies are incredibly taxed. From a sheer technology perspective, instituting these new processes will be a challenge.
Of the many questions we’ve fielded, common echoes have been heard:
A furloughed employee filed with the state, but has only been approved for 26 weeks. They want to know why they aren’t getting the additional 13 weeks?
The additional 13 weeks of benefits as defined in PEUC (Section 2107) will be provided to the claimants after exhausting their state unemployment allowable weeks (typically 26 weeks), totaling 39 weeks of available benefits. In most instances, it is likely the state agencies will not show the federally extended benefits expressed in their initial eligibility determinations.
In more traditional times, extended benefits (the great recession, natural disasters) state agencies have paid the initial 26 weeks (more or less depending on the state) with the extended week’s “tab” being reimbursed by the federal government. We are hopeful that most claimants affected by Covid-19 will have returned to work before having to utilize federally extended benefits.
They were only approved for their weekly benefit amount of $XXX.XX, but they aren’t getting the additional $600 per week as promised, why were they denied?
Currently, every state unemployment agency has agreed to the provisions in the CARES Act. Per the provisions, the additional $600 per week can be issued as early as 4/5/2020 until 7/31/2020. Although all states have made agreements, some may not have implemented the mechanisms necessary to process the additional weekly payments. Some agencies such as the New York Department of Labor are slated to pay the additional $600/week now.
As many states are still working through their individual process for distributing these funds, it’s likely many states will stall and retroactive payments may be issued. It is important to note that these additional $600 allotments may not be shown in a claimant’s initial monetary determination of their standard state weekly benefit amount. So this expectation may be helpful when advising your concerned furloughed employees.
We’re a non-profit, reimbursable employer and the CARES Act only seems to allow us relief of half of our Covid-19 related charges, is this true?
It is true that the CARES Act currently only identifies “partial” benefit charge reimbursement related to Covid-19 as “generally 50 percent”. However, individual states may offer additional terms of relief in the future. Additionally, the guidance allows states “maximum flexibility” in granting extensions of benefit charge payments due by non-profits. For example, pending bill no. 2618 in Massachusetts proposes a 120-day extension of scheduled payment without penalty or interest. UTCA has been continuously engaged with several industry associations that are strongly advocating for equitable relief for all employers.
Interestingly, per Section 2103 of the CARES Act states “…partial reimbursements apply to all payments made during this time period, even if the unemployed individual is not unemployed as a result of Covid-19.”. UTCA is actively trying to confirm this tenant, and how it will be interpreted by individual states.
In It Together
We understand and empathize with all of you weighing the future of your workforce with business needs in mind, all while trying to dissect so much new information. While all the answers aren’t yet cemented as it relates to UI, we hope this piece helps you communicate expectations internally and to your employees with bit more confidence. We will continue to update you as specific state regulations pass.
If you have a specific question you would like to pose about your workforce, we’re happy to help any way we can. Please feel free to can contact us here.