The present COVID-19 pandemic has led to a historically unparalleled increase in the level of unemployment insurance (UI) claims filed in California since the crisis started in mid-March. Employees that have been laid off from their job due to the COVID-19 pandemic, or that are unable to work due to childcare or school closures, or that have had their hours or wages reduced by a fraction continues to apply for the unemployment insurance benefits in order to maintain basic necessities while they are temporarily unemployed.

This article will look into how unemployment insurance works, insurance benefits, employees that may be eligible for the unemployment insurance benefits and those that are not, the requirements that must be met, as well as the various federal intervention programs aimed to suppress the effect of the COVID-19 coronavirus pandemic on affected Californians.

NOTE: As you know that things are changing rapidly, the various relief benefits and explanations described in this article are subject to change.  Therefore, this article is simply our best perception as to where things currently stand as of June 10, 2020.

HOW THE UNEMPLOYMENT INSURANCE (UI) WORKS

The unemployment insurance system usually provides about 26 weeks of regular insurance benefits to unemployed workers while they actively look for a new job. The program is funded by payroll taxes paid by California employers on the amount of wages they pay to their employees. No tax deductions are made from employees’ wages in California to finance this program.

The tax rate an employer pays is different and influenced by the number of prior unemployment benefit claims that have been filed against the employer. The more claims that are filed against an employer, the higher the tax rate is for that employer. It is therefore important that employers understand the UI system and carefully consider how its benefits affect their employees before they reduce hours, furlough, or layoff.

THE CALIFORNIA INSURANCE BENEFITS

While the State provides most of the funding to employees based on the employment taxes collected from California employers, the federal government pays part of the administrative costs for the unemployment insurance program. If an employees’ claim is approved, the amount that the employee can collect per week in insurance benefit ranges between $40 and $450, and it is dependent on their previous earnings.

CALIFORNIA UNEMPLOYMENT AND THE EMPLOYMENT DEVELOPMENT DEPARTMENT (“EDD”)

California’s Unemployment and the Employment Development Department (EDD) process unemployment claims and determine employee eligibility. The department has, in the past few weeks recorded over 1.8 million unemployment claims filed, about the same amount as all unemployment claims from the 2008 recession. For employees to be eligible for the regular California UI benefits, the EDD generally requires that the applicant must be:

• ready, willing and able to work
• unemployed without fault; and that their
• past earnings must meet certain minimum thresholds;

 If approved, the Unemployment and the Employment Development Department determines the amount for the weekly benefit based on the applicants’ past earnings, up to a maximum of $450 each week. However, these benefits can be extended by an additional 13 weeks under the Coronavirus Aid, Relief, and Economic Security Act.

What Is The Coronavirus Aid, Relief, And Economic Security (CARES) Act?

The Federal CARES Act was signed to law on March 27, 2020, by congress, as a protective measure to provide essential relief to more Californians that are impacted by COVID-19 coronavirus pandemic. It offers emergency aid to eligible businesses, individuals, and families affected by the COVID-19 coronavirus outbreak. The CARES Act, among other provisions, temporarily expands the regular California UI benefits by creating several new programs. These programs include:

a)      Pandemic Unemployment Assistance (PUA)

The Pandemic Unemployment Assistance program is an extended eligibility for some employees who traditionally are ineligible for the regular California Unemployment Insurance (UI) benefit, and are unemployed or partially unemployed due to COVID-19 reasons. These include:

• Business owners, Independent contractors, and self-employed employees
• Individuals with a limited work history
• Individuals with false statement penalty weeks on their regular UI claim.
• Individuals who have exhausted all of their regular UI benefits as well as any extended benefits.

Eligibility For PUA Benefits

To be eligible for PUA benefits, applicants must either be unemployed, partially unemployed, or unable to work for reasons related to COVID-19, like when:

• The applicant is diagnosed with COVID-19 disease or have its symptoms
• The applicant provides care for their family member diagnosed with COVID-19 disease
• The applicant has a family member who is diagnosed with COVID-19 and has to isolate
• The applicant is unable to get to their workplace due to a forced quarantine, or because the applicant is advised by a health care provider to self-quarantine due to COVID-19
• The applicant is the major caregiver for a child(ren) whose care facility or school is closed because of COVID-19
• The applicant becomes the primary breadwinner because the head of the household died from COVID-19 coronavirus infection
• The applicant was scheduled to start a new job but cannot get to the workplace because of COVID-19
• The applicant had their workplace closed due to COVID-19 pandemic
• The applicant quits their job due to COVID-19
• Meet any additional criteria specified by California EDD.

These applicants may, however, receive below the 39 weeks of PUA benefits if:

• Their unemployment or partial unemployment is no longer due to COVID-19.
• The PUA program is no longer available for weeks of unemployment following December 31, 2020.

Exemptions To The PUA Benefits

Applicants that can work from home or on leave and being paid or receiving other paid leave stimulus are not eligible for the PUA benefits, whether or not they meet a category listed above.

b)     Pandemic Unemployment Emergency Compensation

Applicants generally collect up to 26 weeks under the regular California UI benefits within a 12-month benefit year. But the Pandemic Unemployment Emergency Compensation (PUEC) offers an extra 13 weeks of insurance benefits to the regular 26 weeks already provided to make a total of 39 weeks coverage. The extended relief is available up till December 31, 2020.

To qualify for a PEUC extension and claim, the applicant must:

• Be fully unemployed or partially unemployed as of March 29, 2020, or after.
• Have used up all the benefits they are due under the California law.
• Not qualify for a regular California UI claim.
• Meet all requirements to be eligible for California UI benefits.

c)      Pandemic Unemployment Compensation

Under the PUC provision, employees that qualify for UI benefits will receive an additional $600 benefit every week on top of the regular benefit they are entitled to receive under the California State law. This is approved for all weeks of unemployment starting from weeks available for benefits until July 25, 2020.

Given this federal benefit under CARES Act, a California employee that earns below $54,000 per year, may be eligible for pay weekly via unemployment insurance benefits than if they work reduced hours. Regardless of what their regular benefit is, from April 1 up to December 31, 2020, such an employee:

• may qualify for an extra 13 weeks of benefits according to the Pandemic Emergency Unemployment Compensation. This means the period of benefit is increased from 26 weeks to 39 weeks;
• can receive an additional $600 every week according to the Pandemic Additional Compensation, although it is only available until July 31, 2020.

APPLYING FOR THE CALIFORNIA INSURANCE BENEFITS

To receive insurance benefits in California during this COVID-19 pandemic, the employee needs to file a claim with the unemployment insurance program in person, online or by telephone. The fastest and easiest way to apply is online. The employee needs to take the following steps:

• Contact EDD as soon as possible after becoming unemployed.
• The employee will be asked for certain information, such as Social Security Number, mailing address, county of residence, addresses, and if available, their Driver’s License or state-issued ID number.
• Employees will also be asked about the dates and details of their former employer when filing a claim. To ensure your claim is not delayed, make sure you provide correct and complete information.

FREQUENTLY ASKED QUESTIONS

1. Is there any reduction in UI claims as Californians begin to resume work?

As of June 11, 2020, the proportion of California UI claimants, either not getting their initial benefit payment because their incomes were very high or are receiving partial unemployment insurance benefits increases. While only employees earning less than three-quarters of their previous weekly wages are eligible for partial UI benefits, employees that are earning above that are entirely denied the benefits for that week, resulting in a complicated decision for employees in a doubtful labor market.

2. Can California employees who lost their job and their private insurance find some sort of coverage through the State?

According to a statement made by Peter lee, every California employee is eligible for financial support through the State, except if the employee is an undocumented immigrant.

3. Can California employees collect Employment Insurance (EI) if they self-isolate?

California employees can collect employment insurance if they have to take time off work due to quarantine or self-isolation. They may also be eligible for employment insurance if they are unable to work due to illness caused by the coronavirus.

4. Can an employee apply for disability insurance if they are at home with COVID-19?

An employee that is at home because they need to take care of a family member who has contracted COVID-19 coronavirus can apply for California Paid Family Leave, but it requires medical certification. PFL assistance is presently not a feasible option in other cases. For example, the employee does not currently qualify for PFL if they have to stay home with their kids because the schools are closed.

5. Can Employees Receive Unemployment Insurance Benefits For Reduced Hours? 

If the employer shuts down their operations or reduces their employees’ work hours due to COVID-19, the employees can file a UI claim. The unemployment insurance system under California law exclusively provides partial wage replacement stimulus to employees who have their hours reduced or were laid off without their fault.  Even if an employee is still working part-time, the employee may still be eligible for insurance benefits depending on their earnings and other circumstances. They may even qualify for more money per week if they are furloughed than if they work reduced hours.

6. When should employees affected by COVID-19 apply for insurance benefits?

Employees that are affected by COVID-19 should apply for insurance benefits the moment they realize that their employment contract and income will be impacted by COVID-19. If the employer demanded that an employee should stay home and was not offered any compensation, the employee might be eligible for insurance benefits provided they meet the financial and weekly eligibility conditions.

7. When will I get the additional $600 benefit?

The additional $600 federal insurance stimulus is available for all approved claims, and retroactive payments will be made for the weeks starting March 29 to July 25, 2020. The Unemployment and the Employment Development Department is currently paying the additional fund, and you don’t have to submit any further paperwork to qualify. The EDD will automatically add the fund on top of each week of benefits you are eligible to receive.

8. Do I Have To File A Claim Every Week?

To maintain insurance benefits, applicants are required to file a claim every week. The week starts on Sundays and ends on Saturday. Once an initial claim has been filed, the applicants will have to wait until the following week to submit another weekly claim. Applicants should understand that the weekly claims must be filed albeit their initial claim is still pending.

9. Do I Qualify For The Unemployment Insurance Benefits As A Freelancer?

The PUA program created by the CARES Act covers individuals that are ineligible for the California unemployment insurance benefits or have exhausted their benefits. These include contract workers, self-employed, etc. This program is particularly important for individuals that work in the gig economy, who work largely as freelancers and independent contractors.

FINAL THOUGHT

If you need help filing for the appropriate insurance benefits during the COVID-19 pandemic or you want to make inquiries, the team of attorneys at United Employees Law Group is always at your service. We understand your request is unique and will personalize our service to suit your insurance benefits needs. To schedule an appointment, do not hesitate to contact us through our contact form below.

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The biggest problem people face when filing worker’s compensation claims to receive benefits entitled is usually understanding and knowing the rules. Failure in complying could result in either minimum claim attained or completely denied.

Don’t let the following mistakes cost you a lot of money:

Assuming not to be entitled to a worker’s compensation- you do not have to ask yourself this question. If injured at the workplace, then you are entitled to worker’s completion act. It is, therefore, your right to claim compensation for your medical bills, without question.

Failure to report the accident- report the accident to your employer as soon as possible. It should be in writing or in person.

Failure to report to your doctor- all the details of the accident have to be on your doctor’s record. Any information absent will lead to denial of your claim. Don’t give them an excuse. A complete and accurate report is always necessary.

Failure to stay in contact with your employer- be available always for inquiries by your employer even when you do not work. Further information on your occupational injury may be required or you may be required to verify the information you already give.

Seeking coverage through a private health insurance- you should note that your health insurance covers medicals bills and also will not cover for on the job injury. But your worker plan covers all the costs associated with your injury or disability benefits.

Failure to claim due to no event caused the injury- do not assume, you may be eligible to get benefits as long as the injury was along the line of duty in your workplace.

The thought that pre-existing conditions will make you ineligible- as long as your pre-existing conditions are made worse by the injury, you are therefore eligible for benefits. The workplace injury has to be the reason for treatment in this scenario.

What if the employers seek to prove nothing has happened to me? Let this not be a question. To avoid paying for you they may try to prove that you are fine. In this case, it is nice to visit a trusted doctor and hire a worker’s compensation attorney. It is essential for financial help and also for your defense in court for the extremes.

Allowing the employer to “doctor shop”- they do not have the right to direct you to a specific doctor if they at all agree to pay. If they try to switch you to another doctor, you should consult a lawyer immediately.

Avoid costly mistakes and avoid delays by getting your work injury compensation filed correctly the first time.

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COBRA – known as Consolidated Omnibus Budget Reconciliation Act in full – is an act of law that helps those who have already left employment to continue receiving health insurance coverage. The law is generally crucial to those who may want to safeguard their financial and health security even after leaving a job or losing an employed spouse. When one opts to continue with COBRA they don’t have to pick a new plan or transfer medical records. However, there are few basics and requirements in order for one to avail these benefits.

Eligibility Criteria

To qualify for COBRA, one must satisfy several requirements. First, one’s current health plan must be subject to COBRA law. It’s important to note that not all health cover plans are eligible. Another requirement to take note of is that one must be considered a qualified beneficiary in their existing health plan in order to qualify. A qualified beneficiary can be an employee of the sponsoring health plan, spouse, dependent or agent/director (that participated in a health plan) or a retired employee who lost their job as a result of an employer going bankrupt. Lastly, one must have a “qualifying event”. A qualifying event can be: when one is laid off, quits, gets fired, gets terminated or still employed but working hours are reduced causing a loss of health insurance benefits.

How Long It Lasts

An individual may continue enjoying COBRA health-coverage for up-to 18 months. Children or spouses dependent on the employee who become eligible through other reasons other than by employee’s qualifying event can choose to continue the coverage for up-to 36 months – that is if the employee passes on in the course of the 18 months period. In the event the person under the coverage is disabled, COBRA coverage can be lengthened to 36-months.

How It Works

The firm that operates your employer’s health plan is by law supposed to send you several notices concerning your right to receive COBRA cover benefits. Once a qualified event occurs, one is required to enlighten the administrator of the plan. After receiving this notification, the administrator is expected to send-out an election notice to all beneficiaries thereby allowing them 60 days to respond on whether they wish to continue their cover through COBRA or not.

Paying For COBRA  

The employee or any of the beneficiaries are required to pay the entire premium to sustain full benefits of the cover. However, from September 2008 the Congress changed (temporarily) this rule to allow one to pay 65% premium in order to enjoy partial subsidy.

Getting Legal Assistance

Because of COBRA’s extensive paper-work and raft of requirements, it is important to seek assistance from professionals. Sometimes, a simple glitch can interfere with the benefits one is entitled to. In case of doubt, one should consult with a professional employment lawyer for further assistance.

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In the state of California, COBRA i.e. Consolidated Omnibus Budget Reconciliation Act allow workers and their spouses and/ or dependents to continue their group- health insurance coverage even if there is a catastrophe which have occurred and which would otherwise terminate coverage, like the worker getting laid off or his/ her spouse getting divorced. Generally, the benefits that one is supposed to reap from the insurance coverage lasts from one to three years, and it is often determined by the circumstance.

What are the COBRA Basics?

If you’ re an employee and you have been covered by your employer’s group- health insurance plan in California, you are usually allowed to continue with your coverage despite the existence of factors which would otherwise terminate your coverage.

Some of the factors which in most cases are referred as qualifying events that can easily end up terminating your coverage as an employee include; being fired, getting laid off or quitting (for other reasons apart from gross misconduct).

The spouse as well as dependents of the employee can continue their coverage also in case any of the afore- mentioned qualifying events occur. In case the employee dies, he/ she divorce with his or her spouse, he or she qualifies for Medicare, the spouse and dependents become eligible for their coverage.

However, be informed that an employee, his or her dependent or spouse who benefits via COBRA is always required to pay the cost of coverage in full. Be informed also that the cost of coverage is normally less as it would cost to buy an individual insurance policy because in most cases employers often negotiate lower group- health insurance rates.

How Long Does Consolidated Omnibus Budget Reconciliation Act Last?

The qualifying events greatly determine the period of COBRA benefits. Basically, in case the qualifying even happens to be the quitting of the employee, reduction of working hours of an employee or termination of an employee, benefits last for 1 year.

In case the qualifying event is the death of an employee, divorce or the employee or loss of dependent status by the defendant under the plan, COBRA benefits last for three years.

Be informed that COBRA coverage is liable to extension from 18 to 29 months in case the qualifying event is the reduction of hours, quitting or termination of employee. However, in such a scenario, the beneficiary should either have a disability at the time of the qualifying event or he/ she accidentally becomes disabled during the first 60 days of COBRA coverage.

Last, but definitely not least, for more information about how long COBRA benefits last in California, kindly do not hesitate contacting us.

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Most workers’ compensation claims depend on working environment mishaps, work environment sicknesses are typically secured including those that emerge from proceeded with presentation to perilous poisons. Moreover, monotonous movement wounds may likewise be secured which result from proceeded with occasions at work.

A great many people may endure mental illnesses because of work components, for example, push, gloom, tension of even post-traumatic stretch issue. Such diseases might be secured under workers’ compensation. Like with physical wounds, express workers’ compensation laws may cover ailments that emerge from a solitary occasion, for example, PTSD or conditions that outcome after some time, for example, discouragement or tension.

mental sickness can once in a while be secured under workers’ compensation for mental illness if you can demonstrate that your work essentially brought on the mental or psychiatric issue. It must be demonstrated that the mental circumstances were the consequence of anomalous work conditions.For illustration, if a specialist endures a mental breakdown in the wake of being exhausted to the point of weariness, or subjected to savage proclamations or dangers at work, this could qualify as a compensable harm under workers’ comp.

The majority of the complexities of seeking after a dysfunctional behavior assert for workers’ compensation are following the emotional sickness to the occupation since workers’ compensation is accessible for those wounds and ailments that emerge from the course of business. Therefore, an inquirer must have the capacity to set up the causal connection between the work environment and the dysfunctional behavior. For instance, for a push related claim, the inquirer would need to exhibit that he or she endured stretch in light of working environment figures rather than individual ones.

Some state laws may express the weight of evidence that a petitioner has while affirming a work environment damage or disease. For example, NJ requires the petitioner to set up that he or she was a representative and that the harm was brought about while he or she was grinding away. In a few examples, the inquirer might be required to build up that he or she endured a perpetual condition that brought about the loss of utilization or capacity of a body part.

The tribunal may require the petitioner to appear from a target angle how the emotional instability was business related. This may even require an assurance that the work conditions unbiasedly would have prompted a psychological wellness issue, for example, a dispassionately distressing work condition. All things considered, this may require the petitioner to show that the push of a specific position was more noteworthy than the stretch intrinsic in any occupation.

A few states have proceeded as to specify in the workers’ compensation statute the components important to set up a push related claim or a claim in view of other emotional wellness issues. At the point when these components are a piece of a statute, the outcomes can be more steady than when chosen under custom-based law standards.

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