Extended Unemployment Benefits

Extended unemployment benefits typically become available through a state unemployment office, when an unusually large number of employees in the state are experiencing job loss for longer than average. Extended unemployment benefits are officially referred to as Emergency Unemployment Compensation (EUC).

Extended unemployment benefits are typically authorized in 13-week increments, which are then added to 26 weeks of standard state unemployment benefits. In times of severe unemployment, extended benefits might be authorized more than once or for more than 13 weeks, or both.

President Obama authorized extended unemployment benefits (Emergency Unemployment Compensation) through 2009, by signing the American Recovery and Reinvestment Act (Stimulus Act or Recovery Act). The President has again extended unemployment benefits, by signing the Worker, Homeownership and Business Assistance Act of 2009.

To be eligible for extended unemployment benefits, unemployed workers must have first exhausted their 26 weeks of standard benefits among other eligibility requirements. The weekly compensation amount is the same as standard unemployment compensation, which varies by state.

Unemployed workers would apply (file claims) for extended unemployment benefits when available, through the unemployment offices in their work states. Typically, unemployed workers must "officially" file claims to determine their final eligibility.

Self-employed individuals, such as independent contractors (ICs), are not eligible for extended unemployment benefits, the same as they're not eligible for standard benefits either.

However, if self-employed individuals moonlight as employees or vice versa, then they might be eligible for both types of benefits. They might also be eligible for both types retroactively, if employers misclassified them as ICs and it comes to light.

Although extended unemployment benefits are also referred to as Emergency Unemployment Compensation (EUC), the program is not the same as Disaster Unemployment Assistance (DUA). DUA is a special Federal program that provides unemployment benefits when disasters occur. Both employees and self-employed individuals might be eligible for DUA.

Extended unemployment benefits are authorized by the Extended Benefits Program, nicknamed FED-ED. As indicated, program activation is triggered by unusually high unemployment numbers in one or more states. It was launched under the Federal-State Extended Unemployment Compensation Act of 1970.

States may voluntarily launch their own extended unemployment benefits programs. (For example, California has and refers to its program as CAL-ED, short for California Extended Duration Benefits under the Miller-Collier Act.) If a state has its own program, then extended benefits might last longer than the typical 13 weeks under FED-ED, such as up to 20.

If a state unemployment office denies you extended unemployment benefits, then you'll likely have the right to appeal the denial. To do so, follow the instructions from the state unemployment office. You'll also have the right to hire an attorney to represent you during the appeal process, especially because you might have to appear in a hearing before an administrative law judge. In fact, the appeals board or the judge might recommend it for your own good.

Employers may not rightfully retaliate against employees who file claims for and collect extended unemployment benefits, appeal benefit denials or otherwise exercise their employee rights under unemployment laws. Subsequently, you might be entitled to file a lawsuit against an employer for violating your rights under an unemployment law. Consult an attorney about that.

When FED-ED or another extended unemployment benefits program is triggered by high unemployment, it's typical for state unemployment offices to notify workers who are eligible to file claims. Still, it might be a good idea to check the availability of such programs during periods of high unemployment, by contacting the relevant state unemployment office or browsing its Web site.