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So after reading a few articles and official press releases from DOL of various states I see that some states such as Alabama mention "Under the program’s eligibility requirements, workers must not be eligible for unemployment benefits in another state or Canada" as a measure for not being eligible for Extended Benefifs (EB) while some states do not mention this at all.
Can someone please tell me why this is? I thought Extended Benefits is a federally mandated program, thus with universal qualifying measures.
Extended benefits is just an extension of current benefits and is not a separate distinct program. So each recipient must follow through with their original claiming state. Since benefits are not transferable while in claim status, all subsequent extra benefits must follow that same single state continued claim rules. Additionally, although EB is a federally mandated program, there is a cost share involved with the claiming state, so every state wants you to claim with whatever state has first superior claim status with you.
My active claim in which I exhausted 26 reg weeks AND exhausted the 13 weeks PEUC is from NY with Base Period Wages from Q2 Q3 Q4 of 2018 and Q1 of 2019
In that Q1 of 2019, NY used half of Texas wages as I relocated to Texas temporarily (same job/same company)
My employment ended in August 2019 so I did have wages for Texas from February thru August 2019 - which would technically make me eligible for unemployment in Texas.
My questions are:
Will I will still be eligible for EB with my existing NY claim?
Am I eligible for unemployment in Texas even if its same employer?
If I am eligible for unemployment in Texas wouldnt that disqualify me from EB from my original claim as one of the qualifying criteria is that "Under the program’s eligibility requirements, workers must not be eligible for unemployment benefits in another state or Canada"
I do not intend on filing for unemployment in Texas whatsoever.
You have an Exhausted Unexpired Claim in NY. NY EB begins 07.05.2020. Suggest y'all go read "Double Dip" Rules for NY, TX, FL, AL & all the other States you're researching. Here's the basic Double Dip info per US DOL >>https://oui.doleta.gov/unemploy/pdf/..._doubledip.pdf = “double-dip” provision, prohibits an individual from collecting compensation in two successive benefit years when there has been only one separation from work.
ETA: Or use the "Search" function, iirc either scraprsmith or scal2010 or both have had spot-on explanations of Double Dip.
You have an Exhausted Unexpired Claim in NY. NY EB begins 07.05.2020. Suggest y'all go read "Double Dip" Rules for NY, TX, FL, AL & all the other States you're researching. Here's the basic Double Dip info per US DOL >>https://oui.doleta.gov/unemploy/pdf/..._doubledip.pdf = “double-dip” provision, prohibits an individual from collecting compensation in two successive benefit years when there has been only one separation from work.
Actually I recanted my position on the separation from same employer for SUCCESSIVE 2ND CLAIM YEARS only.
You're misreading that first paragraph on double dip. It's the opposite of what you are saying. The bolded section is what is required for a 2nd year claim. the attachment to the labor force in the current benefit year, along with each specific state's guidelines on wages/weeks worked in the current benefit year is what qualifies claimant to have a successive 2nd year claim against the same employer.
Section 3304(a)(7), FUTA, requires that “an individual who has received compensation
during his benefit year is required to have had work since the beginning of such year in
order to qualify for compensation in his next benefit year.” This provision, often referred
to as the “double-dip” provision, prohibits an individual from collecting compensation in
two successive benefit years when there has been only one separation from work.
This overview is from 2019 DOL Comparison of States Unemployment Laws
Since the standard base period established by states’ laws results in a significant lag between the end of the base period and the establishment of a benefit year, an individual could conceivably use lag-period wages and employment to qualify for two consecutive benefit years during one long unemployment spell (after benefits are exhausted and the first benefit year ended). As a result, all states require individuals to earn wages after the beginning of the first benefit year. In many states, the amount an individual must earn is a multiple of the weekly benefit amount. A few states require an individual to earn wages sufficient to meet the minimum qualifying requirement. In addition, some states specify that the wages needed to requalify must be earned in covered employment.
NY requires earnings 10 x WBA in current benefit year to qualify for 2nd year claim.
So Scraprsmith, will you be able to answer the following:
My active claim in which I exhausted 26 reg weeks AND exhausted the 13 weeks PEUC is from NY with Base Period Wages from Q2 Q3 Q4 of 2018 and Q1 of 2019
In that Q1 of 2019, NY used half of Texas wages as I relocated to Texas temporarily (same job/same company)
My employment ended in August 2019 so I did have wages for Texas from February thru August 2019 - which would technically make me eligible for unemployment in Texas.
My questions are:
Will I will still be eligible for EB with my existing NY claim?
Am I eligible for unemployment in Texas even if its same employer?
If I am eligible for unemployment in Texas wouldnt that disqualify me from EB from my original claim as one of the qualifying criteria is that "Under the program’s eligibility requirements, workers must not be eligible for unemployment benefits in another state or Canada"
I do not intend on filing for unemployment in Texas whatsoever.
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Quote:
Originally Posted by scraprsmith
Actually I recanted my position on the separation from same employer for SUCCESSIVE 2ND CLAIM YEARS only.
You're misreading that first paragraph on double dip. It's the opposite of what you are saying. The bolded section is what is required for a 2nd year claim. the attachment to the labor force in the current benefit year, along with each specific state's guidelines on wages/weeks worked in the current benefit year is what qualifies claimant to have a successive 2nd year claim against the same employer.
Section 3304(a)(7), FUTA, requires that “an individual who has received compensation
during his benefit year is required to have had work since the beginning of such year in
order to qualify for compensation in his next benefit year.” This provision, often referred
to as the “double-dip” provision, prohibits an individual from collecting compensation in
two successive benefit years when there has been only one separation from work.
This overview is from 2019 DOL Comparison of States Unemployment Laws
Since the standard base period established by states’ laws results in a significant lag between the end of the base period and the establishment of a benefit year, an individual could conceivably use lag-period wages and employment to qualify for two consecutive benefit years during one long unemployment spell (after benefits are exhausted and the first benefit year ended). As a result, all states require individuals to earn wages after the beginning of the first benefit year. In many states, the amount an individual must earn is a multiple of the weekly benefit amount. A few states require an individual to earn wages sufficient to meet the minimum qualifying requirement. In addition, some states specify that the wages needed to requalify must be earned in covered employment.
NY requires earnings 10 x WBA in current benefit year to qualify for 2nd year claim.
Nope, didn't misread as it was a copy & paste, just didn't include the 1st portion as y'all had (figured anyone affected would have reviewed Doc for self. Double Dip is generally uncommon). Suggested OPoster review Rules for whatever State NY, TX (or FL, AL?) Administering Claim; NY has higher requirements than NV = Double Dip Section 612.375 of the Nevada Revised Statues requires a claimant to earn three times their weekly benefit amount (WBA) before benefits may be paid on a subsequent benefit year. This earning requirement applies to the WBA on the first benefit year.
Don't think OPoster has met NY Threshold & appears to be "stuck" on Eligibility for TX UI DQing NY EB?
Must have missed where y'all "recanted" as it appears your Response above aligns with info y'all previously provided (I don't read all the Threads though).
Nope, didn't misread as it was a copy & paste, just didn't include the 1st portion as y'all had (figured anyone affected would have reviewed Doc for self. Double Dip is generally uncommon). Suggested OPoster review Rules for whatever State NY, TX (or FL, AL?) Administering Claim; NY has higher requirements than NV = Double Dip Section 612.375 of the Nevada Revised Statues requires a claimant to earn three times their weekly benefit amount (WBA) before benefits may be paid on a subsequent benefit year. This earning requirement applies to the WBA on the first benefit year.
Don't think OPoster has met NY Threshold & appears to be "stuck" on Eligibility for TX UI DQing NY EB?
Must have missed where y'all "recanted" as it appears your Response above aligns with info y'all previously provided (I don't read all the Threads though).
I did read the one page double link you posted. Maybe it's late and I'm not realizing that we are on the same side of the fence regarding eligibility for 2nd year successive year claim based on same employer.?? I've always been under the premise that normally you can't have separation from same employer (unless you worked again for the same employer and had enough earnings per specific state's laws on requirements) . I'm saying now the exception is when filing 2nd yr successive claim and tapping in on lag wages that yes the same employer could get hit for that successive year claim.
That information I posted was from DOL 2019 Comparison of state UC Laws. so state laws on it were relatively recent.
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