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Do NOT report it. It was required to be reported on the UI application, OR the employer had a chance to report it on the paper work they received concerning why you were separated.
This wasn't some surprise thing. DUA KNOWS about this either because YOU reported it, or the employer did.
Claim forms are about "earnings" because of WORK that you did for MONEY during the dates listed. YOU did NO WORK.
Nothing you have posted where you think it might need to be reported has changed my mind.
1415 S "This*is*payment*at*the*time*of*separation*for*ear ned*but*not*used*cumulative*vacation*or*sick* leave.*This*payment*is*received*not*in*a*period*of *regular*employment*because*the*employment* relationship*has*been*severed.*Such*payments*are*non‐disqualifying."
This is why DUA needs to know on the UI application, not on the claim form. Claim forms are about offsets to UI benefits. The application is so that the straggling payment can't create 2nd-year claim eligibility.
Got it Chyvan! Thank you for your continued help and time, much appreciated!
Just so that I can sleep better, my payment for unused vacation was paid few weeks after the last day of employment. In other words, I received the income in a week when I'm unemployed but it was for services (in this case unused vacation when employed). I don't think that makes any difference. Right?
Yes, I'm clear now that I don't need to change anything on the weekly claim request and this was already reported at the beginning of the process when filing the UI claim.
1415 S "This*is*payment*at*the*time*of*separation*for*ear ned*but*not*used*cumulative*vacation*or*sick* leave.*This*payment*is*received*not*in*a*period*of *regular*employment*because*the*employment* relationship*has*been*severed.*Such*payments*are*non‐disqualifying."
This is why DUA needs to know on the UI application, not on the claim form. Claim forms are about offsets to UI benefits. The application is so that the straggling payment can't create 2nd-year claim eligibility.
In other words, I received the income in a week when I'm unemployed but it was for services (in this case unused vacation when employed). I don't think that makes any difference. Right?
I'm not sure what you're asking here.
It was money you earned PRIOR to becoming unemployed. Had the employer not paid you vacation pay, they'd have paid you 50 cents more an hour and given you unpaid time off when you wanted it, and it would have been for work PRIOR to even filing the claim.
While not all states do it this way, it's clear that MA does. Vacation paid when you don't have a job to go back to, is NO vacation. They are just cashing you out what you were owed for the "deferred" work that you'd already done.
The payment will be reported via the quarterly employer reporting. It will look like you received money while on UI, BUT DUA will then look at the UI application and employer response, see that vacation was part of the final pay, and then move on with something else.
Sorry for any confusion. I'm thinking out loud to see if there're any issues with it. I don't think there're any. It's about the timing of getting paid for unused vacation. Employees separates from employment, normally employer would have paid the terminated employee anything owed to him at the time of termination. In this case, the payment for unused vacation was made few weeks after the termination date due to employer's payment/payroll cycle. I don't think this impacts the employee's UI reporting in any way but sharing it just in case there's any potential issue.
Quote:
Originally Posted by Chyvan
I'm not sure what you're asking here.
It was money you earned PRIOR to becoming unemployed. Had the employer not paid you vacation pay, they'd have paid you 50 cents more an hour and given you unpaid time off when you wanted it, and it would have been for work PRIOR to even filing the claim.
While not all states do it this way, it's clear that MA does. Vacation paid when you don't have a job to go back to, is NO vacation. They are just cashing you out what you were owed for the "deferred" work that you'd already done.
The payment will be reported via the quarterly employer reporting. It will look like you received money while on UI, BUT DUA will then look at the UI application and employer response, see that vacation was part of the final pay, and then move on with something else.
In this case, the payment for unused vacation was made few weeks after the termination date due to employer's payment/payroll cycle.
Doesn't matter. The payment is for something in the past. The employer and you were both asked about it. The information was collected. It doesn't matter if they paid it a year later because you had to sue to get your money. It doesn't change the character of the payment.
Got it.. thanks for the response! I went back and checked the original UI (available through DUA account as PDF) and it does record the Yes to "expecting to receive vacation pay" question so it should be sufficient record that claimant reported the expected vacation pay. As far as not reporting it as part of the weekly benefit request, the language on the question mentions Holiday pay but is not definitive on whether vacation pay is covered by the question so one should be OK in this case answering No.
Bear with me, I'm not asking any question, simply thinking out loud for anyone who may be looking at it later and may have same concerns or confusion as me!
Quote:
Originally Posted by Chyvan
Doesn't matter. The payment is for something in the past. The employer and you were both asked about it. The information was collected. It doesn't matter if they paid it a year later because you had to sue to get your money. It doesn't change the character of the payment.
Hi I was wondering if you heard anything about your claim yet? I’m also waiting and was told everything looks good and it is with an adjuster!! Stressful
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