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US Dept. of Labor states employees need not quit their jobs to receive unemployment

March 23, 2020

The United States Department of Labor ("DOL") has issued guidelines for the states concerning their unemployment policies and procedures in which DOL clarifies that employees do not need to quit their jobs to obtain unemployment in light of the COVID-19 pandemic.

 

 

 

These guidelines state in pertinent part:

 

"...Under the guidance, federal law permits significant flexibility for states to amend their laws to provide UI benefits in multiple scenarios related to COVID-19. For example, federal law allows states to pay benefits where:

 

(1) An employer temporarily ceases operations due to COVID-19, preventing employees from coming to work;

 

(2) An individual is quarantined with the expectation of returning to work after the quarantine is over; and

 

(3) An individual leaves employment due to a risk of exposure or infection or to care for a family member.

 

In addition, federal law does not require an employee to quit in order to receive benefits due to the impact of COVID-19..." (Emphasis added).

 

DOL however also states that if an employee is receiving certain compensation from their employers while out due to COVID-19, that this does not necessarily mean they are "unemployed" and thus entitled to receive unemployment compensation benefits.

 

To view DOL's statement in full go here: 

https://www.dol.gov/newsroom/releases/eta/eta20200312-0

 

 

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