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) and also unofficially as emergency unemployment benefits.
Did you know? President Obama signed
the Unemployment Compensation Extension Act of 2010, a new law that retroactively
stretches out the eligibility date for previously-authorized extended
unemployment benefits (Emergency Unemployment Compensation) to November
30, 2010.
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.
To be eligible for extended unemployment benefits, unemployed workers
must have first exhausted 26 weeks of standard benefits among other eligibility
requirements. The weekly compensation amount is the same as standard unemployment
compensation, which varies by state.
When unemployed workers become potentially eligible for extended unemployment
benefits, the unemployment offices in
their work states are required to notify them. The workers might then have
to file claims to determine their final eligibility; alternately, they
might automatically become eligible by simply continuing to submit the
required reports on time. The rules vary by state, as does the weekly compensation
amount.
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.
Did you know? 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 your former employer or the 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. Consult an attorney about
that.
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