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Hi - I am technically on 'salary continuation leave' and I was wondering how this would affect a UI claim. Will it reduce the amount I receive since I have been receiving it since I was laid off and will continue to receive it until July? Thx
It depends on the State in which you live and the terms of your termination. In NY a claimant is eligible for unemployment benefits while receiving separation-related payments. I have cut from the NY Dept of Labor web-site and pasted below an exerpt from the Frequently Asked Questions Page:
Q: Does receiving separation-related payments, such as severance pay or vacation pay, affect my benefits?
A: Generally, a claimant is eligible for unemployment insurance benefits while receiving separation-related payments. However, an individual will not be eligible for benefits if he or she continues to receive the full salary and exactly the same benefits that he or she received while working, with the understanding that the salary and benefits will stop if he or she becomes employed elsewhere. The employer’s payment of unused vacation accruals normally does not affect an individual’s eligibility for benefits.
I am sure about the NY law because I received severance and unemployment benefits simultaneously. I suggest you check out the law in your state.
A lump sum severance payment does not disqualify you from UI in California. In fact, you can submit a claim on the day that your notification is received, even if you're on a 30 or 60-day notification period.
A lump sum severance payment does not disqualify you from UI in California. In fact, you can submit a claim on the day that your notification is received, even if you're on a 30 or 60-day notification period.
True. And completely irrelevant, since OP has stated they will continue receiving severance pay through next July. Nor are the policies of California and New York relevant.
Taken directly from the North Carolina Employment Security Commission Website FAQs
I received separation pay (or pay, wages in lieu of notice, vacation pay, etc.). When should I file a claim? You are not eligible for unemployment insurance benefits for any full week covered by separation pay, vacation pay, etc. (nor may such a week count as your “waiting period week”). Generally, you should file your claim the first week after the period covered by the payment (if the last week of the payment is not a full week’s pay, you may file that same week, although you possibly will still be ineligible due to excessive earnings).
Thanks for the slap-down kodaka. I wasn't aware that only NC people were reading this thread. Hopefully the other 50 or so people who have viewed this thread are from North Carolina. Kinda figured, with the thread title, that others might peruse as well. I'll try not to waste your time on future contributions.
Thanks for the slap-down kodaka. I wasn't aware that only NC people were reading this thread. Hopefully the other 50 or so people who have viewed this thread are from North Carolina. Kinda figured, with the thread title, that others might peruse as well. I'll try not to waste your time on future contributions.
JTGJR:
Thanks for posting exactly what I was thinking!
I got a severance package from my job and was able to draw unemployment benefits at the same time. I know for a fact it is not a issue in the state of Texas.
I got a severance package from my job and was able to draw unemployment benefits at the same time. I know for a fact it is not a issue in the state of Texas.
Was severance offered as a lump sum? As kodaka pointed out, a check (or two) for unused vacation or severance pay is not a problem. It seems that receiving checks weekly or semimonthly at or very near (?) previous pay rate can or may disqualify someone from receiving benefits.
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