Once the school year is over, parents may want to rely on their customary summer childcare arrangements. Absent some qualifying circumstance, the individual will not be eligible for PUA after the school year ends. Either restriction on travel or any other state or municipal restriction will qualify an individual for PUA. If the impacted individual is in self-quarantine at the direction of a medical professional he or she will qualify for PUA.
What are the penalties if an individual is not truthful on the PUA application? As stated above, PUA is a federally funded benefit applicable to those impacted individuals who are self-employed, gig economy workers, and independent contractors. Because these individuals did not previously qualify for or pay into the state unemployment insurance programs, they were not previously eligible for unemployment assistance. On April 24, , the U.
District Court for the District of Columbia rejected the decision by the U. Ashley Prickett Cuttino Greenville Author. Question 1. Who is eligible to receive PUA?
Are PUA claims backdated? How will an individual prove wages? How is the weekly benefit amount calculated for PUA? Is there a maximum PUA benefit amount? How is PUA impacted by partial unemployment? To receive unemployment insurance benefits, you need to file a claim with the unemployment insurance program in the state where you worked. Depending on the state, claims may be filed in person, by telephone, or online.
You may be eligible for unemployment benefits, depending on your personal circumstances and how your state chooses to implement the CARES Act. States are permitted to provide Pandemic Unemployment Assistance PUA to individuals who are self-employed, seeking part-time employment, or who otherwise would not qualify for regular unemployment compensation. To qualify for PUA benefits, you must not be eligible for regular unemployment benefits and be unemployed, partially unemployed, or unable or unavailable to work because of certain health or economic consequences of the COVID pandemic.
The PUA program provides up to 39 weeks of benefits, which are available retroactively starting with weeks of unemployment beginning on or after January 27, , and ending on or before December 31, PEUC benefits are available for weeks of unemployment beginning after your state implements the new program and ending with weeks of unemployment ending on or before December 31, The program covers most individuals who have exhausted all rights to regular unemployment compensation under state or federal law and who are able to work, available for work, and actively seeking work as defined by state law.
In addition, if you have exhausted the 13 weeks of additional benefits available under the PEUC program, you may be eligible to continue receiving benefits under the PUA program. This benefit is available for weeks of unemployment beginning after the date on which your state entered into an agreement with the U. Department of Labor and ending with weeks of unemployment ending on or before July 31, Contact your state unemployment insurance office to learn what options may be available for delaying reimbursement payments.
The CARES Act allows states to provide maximum flexibility to reimbursing employers as it relates to timely payments in lieu of contributions and assessment of penalties and interest. The U. Department of Labor will soon be issuing guidance on how states should implement this provision.
Each state sets its own unemployment insurance benefits eligibility guidelines, but you usually qualify if you:. Under the CARES Act, you may be eligible for benefits if you meet one of the circumstances listed in the Act, but none include the scenario described.
On these facts, you are not eligible for Pandemic Unemployment Assistance PUA because you do not meet any of the qualifying circumstances. There are, however, circumstances under the CARES Act in which specific, credible health concerns could require an individual to quit his or her job and thereby make the individual eligible for PUA.
For example, an individual may be eligible for PUA if he or she was diagnosed with COVID by a qualified medical professional, and although the individual no longer has COVID, the illness caused health complications that render the individual objectively unable to perform his or her essential job functions, with or without a reasonable accommodation.
As a general matter, you are likely to be eligible for PUA due to concerns about exposure to the coronavirus only if you have been advised by a healthcare provider to self-quarantine as a result of such concerns.
For instance, an individual whose immune system is compromised by virtue of a serious health condition, and who is therefore advised by a healthcare provider to self-quarantine in order to avoid the greater-than-average health risks that the individual might face if he or she were to become infected by the coronavirus will be eligible for PUA if all other eligibility requirements are met. You may qualify. You are unable to work because a health care provider advised you to self-quarantine due to concerns related to COVID You are providing care for a family member or a member of your household who has been diagnosed with COVID A child or other person in the household for whom you have primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID and the school or facility care is required for you to work.
You became the breadwinner or major support for a household because the head of the household has died as a direct result of COVID You were scheduled to start a job that is now unavailable as a direct result of the COVID public health emergency. You are unable to reach the place of employment as a direct result of the COVID public health emergency. If you work as an independent contractor with reportable income, you may also qualify for PUA benefits if you are unemployed, partially employed, or unable or unavailable to work because the COVID public health emergency has severely limited your ability to continue performing your customary work activities, and has thereby forced you to stop working.
How do I apply for PUA benefits? How much would I receive in PUA benefits? How soon could I receive PUA benefits? What if I believe I have been misclassified as an independent contractor, and I want to file a regular unemployment insurance UI claim, and not a PUA claim? If the EDD contacts me and asks for proof of my income, what documents should I submit?
You will receive by mail instructions on how to verify your identity. You were misclassified by your employer as an independent contractor instead of an employee OR your employer reported may have inadvertently reported your wage information incorrectly to the EDD.
We will follow up to obtain any details or documentation needed to make a determination. As part of the federal CARES Act , the new Pandemic Unemployment Assistance PUA program helps unemployed Californians who are usually not eligible for regular state unemployment benefits and are unemployed or partially unemployed for reasons directly related to the COVID pandemic, including business owners, the self-employed and those with limited recent work history.
What should I do if I believe I am an employee and was misclassified as an independent contractor but my claim for regular unemployment insurance UI benefits was denied because I have insufficient earnings?
I am already receiving regular unemployment insurance UI benefits. Can I choose to switch over to PUA benefits if I want to identify myself as an independent contractor or as self-employed? If you have already received regular UI benefits and you still have a balance on your UI claim, you do not qualify for PUA at this time. Develop and improve products. List of Partners vendors. The term Pandemic Unemployment Assistance PUA refers to a program that temporarily expanded unemployment insurance UI eligibility to people who wouldn't otherwise qualify.
This included self-employed workers, freelancers, independent contractors, and part-time workers impacted by the coronavirus pandemic.
The program expired on Sept. PUA extended unemployment benefits to eligible workers, including:. The program started on Jan. It was extended until March 14, , when the Consolidated Appropriations Act was signed into law on Dec. PUA officially expired on Sept. You were required to provide self-certification that you were able to work and available for work.
Other eligibility criteria included being unemployed, partially employed, unable to work, or unavailable for work due to one of the following COVIDrelated situations:. Benefit amounts were calculated based on previous earnings, using a formula from the Disaster Unemployment Assistance program under the Robert T. FPUC was a flat amount given to people who received unemployment insurance, including those who got a partial unemployment benefit check. Federal law allowed considerable flexibility for states to amend their laws to provide unemployment insurance benefits in several COVIDrelated situations.
For instance, states were able to pay benefits when:. PUA was intended to support workers who didn't otherwise qualify for unemployment insurance. Examples of the types of workers targeted by the PUA program included freelancers, part-time gig workers, and self-employed individuals.
To qualify, workers were required to certify that they couldn't work due to one or several conditions related to COVID Although they were different programs, the intention of both programs was the same: to provide financial support to unemployed workers.
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