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Eligibility
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1. I was fired from my job. Will I be eligible? |
When an individual files a claim for UI benefits, the Department documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide information about the reason the individual is no longer working when responding to the notice.
If the individual was discharged or terminated, the EDD will conduct a telephone interview with the individual and the employer approximately two weeks after the claim is filed to determine whether or not the individual is eligible for UI benefits, according to state law and regulations.
State law provides that an individual who is discharged or terminated may be eligible for UI benefits provided that specific criteria are met. The EDD staff will determine on a case-by-case basis, whether the facts presented for the discharge or termination meet the criteria according to state law. The individual must also meet all other eligibility requirements before UI benefits are paid.
The Department’s law and policy guidelines regarding discharges or terminations are available on the EDD Web site.
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2. Why didn’t I hear from EDD after I sent my response?
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The Department does not reply if the employer’s response only reports the
last day of work, or that the employee was laid off due to a lack of work.
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3. An EDD interviewer called me. How do I call the interviewer back?
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Generally, we leave a telephone number to return the call. If the interviewer
did not leave a number, or the number is misplaced, the telephone number for
UI can be found in most local telephone directories, or on the
EDD Web site. After contacting EDD, tell the
Department representative that it is necessary to talk to the interviewer
who is working on the claim. Employers should be prepared to provide the
claimant’s name and social security account number. Claimants should be
prepared to give his or her name and social security account number to the
Department representative. The representative will locate the
appropriate interviewer.
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4. I just quit my job. Will I be eligible?
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When an individual files a claim for UI benefits, the Department documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide written information about the reason the individual is no longer working when responding to this notice.
If the individual quit, the EDD will conduct a telephone interview with the individual and the employer approximately two weeks after the claim is filed to determine whether or not the individual is eligible for UI benefits, according to state law and regulations.
State law provides that an individual who quits his/her job may be eligible for UI benefits provided there was “good cause” for leaving employment, and the individual made all reasonable attempts to keep their job (e.g., request of leave of absence or transfer). Once all reasonable alternatives to leaving have been attempted, good cause may include situations such as leaving work due to unsafe working conditions, leaving work based on a medical doctor’s advice, or leaving work to protect oneself or one’s child from domestic violence.
The EDD staff will determine on a case-by-case basis, whether the facts presented for the quit are “good cause” according to state law. The individual must also meet all other eligibility requirements before UI benefits can be paid.
The Department’s law and policy guidelines regarding Voluntary Quits are available on the EDD Web site. |
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5. How can I comment on the interview, or about the interviewer who called me?
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EDD is committed to outstanding customer service and values its customers’
opinions. Use any one of the following options to provide comments:
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6. What should I do if my former employee has turned down job opportunities?
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An employer who wants to report this information may submit the following
specific details in writing:
- Former employee’s name and social security account number
- Date the job was offered
- Name of the individual who offered the job
- Wages, hours, and working conditions of the job offered
- Whether or not the job was permanent
- Date the job was refused
- Reason the former employee gave for refusing the job
Employers who want a written response from the Department regarding the
claimant’s eligibility for benefits must submit the facts, in writing,
within 10 days of acquiring the information. Send the information to the
EDD address shown on the Notice of Claim Filed, DE 1101CZ or Notice of
Wages Used for Unemployment Insurance Claim, DE 1545.
Employers may also contact EDD. However, if you
telephone the Department with this information you will not receive a
written response regarding the claimant’s eligibility for benefits.
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7. What should I do if I got a Notice of Determination (or Ruling),
DE 1080CT and I want to discuss it?
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Contact EDD.
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8. What do I need to do to see the documents you used when you made your
decision, and the basis for your decision?
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Our representatives will assist employers in reviewing or obtaining EDD held
documents, and materials that will enable them to protect their reserve
account. For assistance contact EDD, or review our
Benefit Determination Guide for more information.
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9. How does vacation pay and holiday pay affect my eligibility to receive
unemployment insurance benefits?
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Vacation pay or holiday may be deducted from your benefits. It will depend on whether or not you have been given a definite date to return to work at the time you were placed on layoff status:
- If you are not given a definite date to return to work, any vacation pay or holiday pay paid to you when your job ends is not deducted from your weekly benefit
amount.
- If you are given a definite date to return to work, any vacation or holiday pay for the period of the temporary layoff is deductible from your benefits. The Department will allocate vacation and holiday pay as follows:
- Vacation pay will be allocated to the number of days you requested vacation
or to the number of days your employer required you to use as vacation during the temporary layoff.
- Holiday pay that is paid before you return to work will be allocated to the
week(s) in which the holiday(s) fall. Holiday pay that is paid after you return to work will be allocated to the week that you return to work.
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10. Will a short-term employee be eligible for UI benefits?
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Yes, if the short-term employee meets all eligibility requirements.
California law does not provide relief of UI costs for employers who hire
short-term employees.
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11. I got this Notice of Modification, DE 1080M. What does it mean?
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The Notice of Modification, DE 1080M advises an employer
that a prior disqualification on a UI claim has ended, and the claimant may begin
receiving benefits. An employer who disagrees with the information provided on
the DE 1080M may file an appeal. For more information, review
Filing an Appeal.
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12. What should I do if my response to one of EDD’s forms is late?
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Employers and claimants who are not able to respond timely to one of EDD’s
forms or notices, should submit the requested information immediately after
the reason for the delay has ended. Along with your response, explain why
you were not able to respond within the time limit. If the response is late
for an unavoidable reason, EDD may extend the response time. Keep in mind
that the longer the delay, the more substantial the reason for the
delay must be.
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13. Can individuals who are not U.S. citizens collect UI benefits?
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To collect UI benefits aliens must establish that they were in satisfactory
immigration status and authorized to work in the United States when earning
the wages used to establish their claim. In addition, the claimant must
provide proof that they remain in satisfactory immigration status and are
authorized to work each week that benefits are claimed. EDD verifies
immigration status and work authorization through an electronic system
maintained by the Immigration and Naturalization Service.
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14. What are the eligibility requirements?
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To be entitled to benefits an individual must be:
- Out of work due to no fault of their own
- Physically able to work
- Actively seeking work
- Ready to accept work
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15. What if I am sick or injured, and cannot work?
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An individual who files for UI benefits must be physically able to work, available for work, ready and willing to immediately accept work, and meet all other eligibility requirements before UI benefits can be paid.
An individual who is not eligible for UI benefits because they are sick or injured, can file a claim for California’s State Disability Insurance (SDI) program. SDI provides short-term benefits to an eligible individual who suffers loss of wages because he/she is unable to work due to a non-work related illness or injury, or due to pregnancy or childbirth. SDI benefits can be paid only after an individual meets all of the basic eligibility requirements.
Individuals cannot receive SDI benefits for the same period of time in which UI benefits are paid.
The Department’s law and policy guidelines for being Able and Available for work and information about SDI eligibility, and the SDI program are available on the EDD Web site.
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16. What if I am taking care of a family member or bonding with my new minor child, and cannot work?
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An individual who files for UI benefits must be physically able to work, available for work, ready and willing to immediately accept work, and meet all other eligibility requirements before UI benefits can be paid.
An individual who is not eligible for UI benefits because they are caring for a family member or bonding with a new minor child in connection with the birth, adoption or foster care placement of that child, can file a claim for California’s Paid Family Leave (PFL) program. The PFL program is part of California’s State Disability Insurance (SDI) program and provides short-term benefits to an eligible individual who takes time off work to care for a seriously ill child, spouse, parent or domestic partner or bond with a new minor child. PFL benefits can be paid only after an individual meets all other PFL eligibility requirements.
An individual cannot receive PFL benefits for the same period of time in which UI or Disability Insurance benefits are paid.
The Department’s law and policy guidelines for being Able and Available for work and information about PFL eligibility, the PFL program, and SDI program are available on the EDD Web site.
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17. Can I attend school or training receive UI benefits?
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The California Training Benefits program allows qualified individuals to
continue to receive benefits while in approved training. For more information:
Individuals who attend school or training and are not participating in the
California Training Benefits program, may qualify for UI benefits if they
continue to actively seek work. The Department determines if the individual
is entitled to UI benefits.
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18. What is a ruling?
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A ruling is issued by the Department and is based on the reason the claimant’s
job ended. It advises whether or not the employer’s reserve account will be
charged as a result of benefits paid to the claimant.
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19. What is a determination?
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A determination is a written notice mailed to the claimant and/or an employer
that provides a decision on a claimant’s eligibility for UI benefits. The
determination is issued by EDD and may be based on the reason the claimant’s
job ended, or other eligibility issues.
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20. How can I get a copy of my UI records?
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Call EDD and request a copy of your claim records. We will mail a paper copy of the requested information to you within 10 business days. You may also submit your request on-line thru Contact Us on the Ask EDD page.
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21. I just received a Notice of Overpayment, DE 1444.
Can someone explain it to me?
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A Notice of Overpayment is mailed to claimants who have been paid benefits they
were not eligible to receive. The notice shows the amount of overpayment and
penalties, if any. In addition, the notice explains why you were overpaid and
provides information about your appeal rights.
Contact EDD for a more complete explanation.
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22. Where do I send the payment on my overpayment?
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Send a check or money order payable to EDD. Include your name and social security
account number on the check or money order and mail the payment directly to:
EDD Cashiering, Benefit Recovery
State of California
PO Box 826806
Sacramento, CA 94206-0001
Do not send cash in the mail.
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23. I received a Notice of Determination, DE 1080CT and I am not eligible for
benefits. What do I do now?
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You have the right to file an appeal if you do not agree with all or part of
our decision. Review the Appeals section on this Web
site for more information.
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24. Why am I not eligible for benefits? You took money out of my check while
I was working.
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UI benefits are financed solely from taxes paid by employers. No deductions
are taken from an employee’s wages for UI benefits. You have the right to
file an appeal if you believe you are entitled to benefits. Review the
Appeals section on this Web site for more information.
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25. I need to reschedule an appointment. What should I do?
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Contact EDD immediately.
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26. Why did I receive a Request for Identity Verification, DE 1326C?
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This notice was sent because the Department has:
- been unable to verify your identity using the information you provided when you filed your UI claim, or
- received information that your identity may have been compromised
As a result, further identifying documents are required. Whenever there is a
question of correct identity, the Department requires identifying documents to
ensure benefits are paid only to those who are legally entitled to receive them.
Failure to provide the requested documentation may result in a denial of benefits.
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