Questions & Clarification About Unemployment Benefits During the SOE Update 1 April

From: Bistany, Patricia K. (DOL)
Sent: Tuesday, March 31, 2020 6:11 PM
To: Emory, Juliann (LegHall)
Subject: Re: Questions & Clarification about Unemployment Benefits during the SOE

1. Question

When we asked early in all of this  if nonprofit employees out of work during the SOE would receive unemployment benefit , this was a hard no .

Yesterday 30 March 2020 multiple nonprofit employees who enquired with the Dept of Labor were told they would receive at the minimum Fed $600 & possibly the state portion as well  , a hard yes .

1.  Answer

If  non-profit is registered with DUI as an employer and pays into the trust fund, those employees have covered wages that contribute to a UI claim.


If a non-profits is NOT registered as a covered employer that pays into the trust (example: church) then those employees don’t have any covered wages and are not eligible for UI.  Based on the new legislation workers from non-profits that were not eligible for regular UI MAY be eligible when PUA is implemented. This program has not yet been implemented as we are waiting for technical and legal guidance from national office.  

2. Question Should Delaware Park employees contact the Dept of Labor individually to apply for unemployment benefit  ? Has/ Will Delaware Park contact the Dept of Labor  apply for unemployment benefit for all of the employees  of DP effect by the SOE ?

2.Answer 

Delaware Park employees have not been advised as to the correct source of action .
All unemployed individuals must file for UI benefits. Our website is ui.delawareworks.com.
 

3. Question 

Do nonprofit employees day care worker out of work due to the SOE now qualify for unemployment benefit ?

- Question Do employees nonprofit  day cares employees out of work due to the centers being shut down awaiting Covid 19 decontamination now qualify for unemployment benefit ?

- Question Do sole proprietor Day Care owners qualify for unemployment if they choose not to stay open during the SOE?

3. Answer


The CARE act includes a program PUA (pandemic unemployment assistance) that appears to include provisions for independent contractors and the self-employed and others who are not eligible for regular UI.  I do not know at this moment if that includes those who worked for employers who worked for non-profit employers who did not pay into the trust fund.  We hope to have guidance from the national office soon.