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Unemployment Benefits Eligibility

A part-time non exempt employee (20-25 hours per week, her discretion) filed for unemployment because we were closed for 2 weeks back to back for vacation. We have been always closed for 2 weeks before and during the time of her employment. The The employee receives 80 hours of vacation/sick pay + holiday and medical because she started to work 25 hours. As a current employee, is she entitled to get unemployment because the office was closed?

Each state has its own unemployment eligibility criteria. Basically, to be eligible for benefits an individual must be unemployed through no fault of their own, be ready, willing and able to work, and meet time worked or wages earned requirements.

It’s common for businesses to close occasionally, especially small businesses. During the closure, employers can require employees to use any accrued vacation time. Doing so is completely at the employer’s discretion and restricts the employee’s entitlement to unemployment since he was compensated for the time off.

However, if using paid time off accruals during the closure wasn’t required, then many states will consider the employee eligible for unemployment benefits. In many states, employees will be eligible for unemployment benefits if a business closes for more than one week at a time and employees are not compensated for the time away from work.

This entry was posted on Monday, November 2nd, 2015 at 9:11 pm and is filed under
Labor Laws.
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