Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I apologize if this has already been discussed but I did try to do a search on this topic. I will be taking a two week break out of the country (also known as vacation) and from what I have read, I should NOT attempt to file from out of the country. Or face dire consequences.
So, I will just skip the two weeks. Too much hassle to try and "fake" a call from the US or hiding my IP. And I don't want to ask someone else to file for me.
My question....does California allow a break as long as I notify them before I leave? Or will I need to reopen my claim? If I need to reopen, is the reason that I stopped filing due to "wanting to take a break" sufficient? Or will I be flagged?
And related to that...I also have a part-time job. I will be taking a break from the part-time job as well. Though I will resume the job when I return. Do I need to provide a reason for leaving that job? Will there be a red-flag when I resume the job?
So is that slightly more than 2 weeks or slightly less? CA has a quirk in their system. They will pay a benefit based on either 7 days in the week or the number of days in the traditional work week for your occupation. I haven't figured it out yet.
For the week you leave, you are potentially eligible for 2/5 or 3/7 of your benefit and you should file for that week. Then for the full week(s) you are gone, you can stop filing, and the week you come back, you should reopen your claim and file for 5/7 or 4/5 of your benefit. Depending on your claim cycle and actual length of your trip, you might be able to skip the reopening process because their won't be a break. If your cycle ends on the Saturday after the Wednesday you leave, you'll file, and then you'll be home in time to file for the next two-week claim.
CA doesn't much care if you submit your claim from out of the country unlike NY in particular especially because you'll be reporting the number of days for which you weren't available. It would also be permissible to use the paper form as a back up in case CA has started to track IP and caller ID info and call someone to mail it for you on the appropriate day if webcert fails because won't be breaking any rules.
Yeah, it's actually 18 days...so more like 2 1/2 weeks. I will be out for two consecutive weeks including Sunday so if I don't file, I will need to reopen my claim.
How "painful" is re-opening a claim? What does it entail? Any tips?
How "painful" is re-opening a claim? What does it entail? Any tips?
You have to call EDD, and that is why it's so painful. They'll just want to know why you want to reopen, and "becoming available again" is acceptable. You might spend hours trying to get through. There's a thread on here with tips to get through.
CA will flag out of country claims although they won't beat you up too badly. They will schedule interview, will want itinerary, etc. Do not file electronically or over the phone if you are not in the US to avoid an appeal, delay in resuming benefits, etc.
Technically, being gone two/three days of the week may trigger the Able and Available issue for the entire week's benefits, so CA may not pay at all for the partial weeks you were on vacation.
If it were me, I wouldn't be claiming partial benefits for the week I leave nor the week I return. Just tell CA you had a family emergency. Shouldn't be a big problem to get claim reopened.
Read last one or two pages of this thread - 5-1-1-0 usually works:
Technically, being gone two/three days of the week may trigger the Able and Available issue for the entire week's benefits, so CA may not pay at all for the partial weeks you were on vacation.
Section 1253.5 provides that if the claimant is able to work at least one day during the week, benefits may be paid for each day the claimant could have worked, at the rate of 1/7th of the weekly rate per day.
Ariadne22, are you disputing that you can't get between 1/7 and 6/7 of your benefit or that it's not available to people on vacation part of a week? Because I know it exists, I just don't know if there is a restriction in its applicability because I haven't read the entire EDD guide. I've seen it used for people that were sick part of a week and for someone that might be out of town attending a funeral or taking care of arrangements after a death. For that reason, I thought it was broad enough that it covered someone that just wanted to say, "I didn't feel like working that Monday."
It always stuck with me because no other state does any sort of day per week reduction.
Ariadne22, are you disputing that you can't get between 1/7 and 6/7 of your benefit or that it's not available to people on vacation part of a week?
The latter as a possibility. I'm not saying it is not possible to claim a partial week - just that on interview when CA learns OP was unavailable part of that week b/c he was out of the state, the initial determination may be ineligibility for the entire week. I.e., a typical knee-jerk dq w/o considering the facts.
It is a subjective issue - and a lot depends on the interviewer.
If it was me, I'd avoid the hassle - but it all depends on how much money is involved, OP's financial circumstances, how badly he needs that partial benefit (if any) for the three days he was available, and how lengthy the process if CA has to investigate/review.
First, he needs to figure out his per diem UE benefit for the days he was available and deduct from that 75% of his gross earnings. Is that amount of money worth pursuing? - knowing that if he doesn't collect it now, should he remain unemployed long enough, he'll get it on the back end.
. . .deduct from that 75% of his gross earnings. Is that amount of money worth pursuing?
I didn't even thing of this. He's working. There may be so little money involved, that it just isn't worth it.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
