Wednesday, September 21, 2022

Rules For Unemployment In Michigan

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Who Is Covered By The Fmla

New rules for filing unemployment now in effect in Michigan

An employer with at least 50 employees for at least 20 weeks in the previous or current year must adhere to all provisions of the FMLA.

An employee is eligible for unpaid time-off benefits if they have worked for a company for at least one year, worked for at least 1,250 hours during the previous year, and worked at a business with at least 50 employees within a 75-mile radius.

When Can Requirements For Unemployment Benefits Be Waived

States or the federal government can waive the requirements for unemployment benefits under exceptional circumstances, such as when an emergency forces companies to shut down for some time. For example, New York, Florida, and several other states waived their work search requirement during the COVID-19 pandemic.

Additionally, Indiana, Louisiana, Michigan, and New York, among others, waive the work search requirement if the individual is temporarily laid off or seeking work through a union hiring hall.

Timeline Of Unemployment Insurance Program In Michigan

The following timeline features selected key events in the history of Michigan’s unemployment insurance program. The timeline is not a comprehensive history of the state unemployment insurance program.

  • 1938: As of May 1, 1938, Michigan’s unemployment insurance program offered a maximum weekly benefit amount of $16 for up to 16 weeks.
  • 1985: As of January 1, 1985, Michigan’s unemployment insurance program offered a maximum WBA of $197 for up to 26 weeks.
  • 2021: A March 2021 report from the U.S. Department of Labor found that the trust funds in 40 states and territories, including Michigan, had dropped below the recommended minimum solvency standard as of January 1, 2021.
  • 2022: Michigan Governor Gretchen Whitmer on March 28 signed HB 5525, which contained $139.8 million in funding for the state’s unemployment insurance program. The bill directed $100 million of federal coronavirus relief funding into the state’s unemployment trust fund. The remaining funds were earmarked to cover administrative improvements to the Unemployment Insurance Agency and fund the Office of the Attorney General’s fraud recovery activities.

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How To Appeal A Denial Of Unemployment Benefits In Michigan

If your unemployment claim is denied, you have 30 days to file a protest with the UIA. The UIA will then issue a redetermination. If you aren’t satisfied with the redetermination, you can file an appeal with the UIA, asking for a hearing before an administrative law judge of the Michigan Administrative Hearing System. A hearing will be held on your appeal, at which you may testify, present witnesses, and offer evidence before the ALJ makes a decision. You may be able to get free representation through the UIA’s Advocacy Program. For further details, contact the UIA.

If you aren’t satisfied with the ALJ’s decision, you may appeal it to the Michigan Compensation Appellate Commission. If you aren’t satisfied with the results of the second appeal, you may file a lawsuit in state court.

For more information on the unemployment process, including current eligibility requirements and benefits amounts, visit the website of the Michigan Unemployment Insurance Agency.

Do You Need Legal Advice About Your Unemployment Benefits

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If you have a question about whether or not you are eligible for unemployment benefits, or if you feel you have been wrongly denied, you may be able to get help from the Counsel and Advocacy Law Line. This is a free legal aid hotline. To find out if they can help you, apply online or call 1-888-783-8190 Monday – Thursday, 9am – 5pm, or Friday, 9am – 1pm. Due to technical difficulties, CALL’s online intake is closed this week and will reopen on August 1st.

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Amount And Duration Of Unemployment Benefits In Michigan

If you are eligible to receive unemployment, your weekly benefit in Michigan will be 4.1% of what you earned during the highest paid quarter of the base period. You can also receive an allowance of $6 per week per dependent, up to $30. The most you can receive per week is currently $362. You may receive benefits for a maximum of 20 weeks.

Are Employees On Layoff Or Furlough Entitled To Sick Or Family Leave Benefits Under The Families First Coronavirus Response Act

No. Employees who are no longer able to work because they have been furloughed or laid off, or because their worksite is closed, are not entitled to take paid sick leave or expanded family and medical leave under the FFCRA. Similarly, if an employees work hours have been reduced because there is not enough work for him or her to perform, the employee may not use paid sick leave or expanded family and medical leave for the hours that he or she is no longer scheduled to work.

However, if an employer recalls such employees to work before the December 31, 2020 expiration of the FFCRA, and they meet one of the criteria to receive paid sick leave or expanded family and medical leave, they may be entitled to these benefits. Employers should review all documentation provided by the employee in order to approve such request.

Please contact any member of Varnums labor and employment team to discuss how these regulations may apply in your workplace.

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What Must Michigan Employers Provide To Separated Employees When Conducting Layoffs

If the separated employee is eligible for unemployment benefits, employers should provide an Unemployment Compensation Notice to Employees upon separation. This notice is Michigan UIA Form 1711 and was updated in March 2020 with information specific to the COVID-19 pandemic. For questions about whether Worker Adjustment and Retraining Notification Act protections may apply to your workplace, please contact any member of Varnums labor and employment team.

What If I Get Fired

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A terminated individual is eligible for unemployment benefits only when they are not at fault for being fired. For example, repeated employee misconduct, such as excessive absences, intoxication on the job, or sexual harassment, will typically disqualify the individual for unemployment benefits.

In Michigan, the U.I.A. will evaluate the facts surrounding the claimants firing and issue a Notice of Determination showing whether the claimant is eligible for benefits.

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How Long Will I Qualify For Mi Unemployment Benefits

Michigan allows residents to collect unemployment benefits for a maximum of 20 weeks per benefit year, regardless of wheter you find a job, stop benefits, and need to reapply later on in the year. This means there must be at least 52 weeks between Michigan unemployment claim filings to receive full benefits. For example:

  • If you lose your job in March 2020 and receive unemployment benefits, you qualify for 20 weeks of payments. If you receive 15 weeks of benefits and find a new job, youll have five remaining weeks of benefits to access. If you are laid off again in January of 2021, you can utilize these five weeks, and are not entitled to any further payments because a full calendar year has not passed since you first filed.
  • On the other hand, if 52 weeks has passed, you may be eligible to receive the full benefits period of 20 weeks. If you became unemployed in June 2019 and collected all 20 weeks of benefits, you are no longer eligible to receive any further payments for the year. Say you find a new job after that time and are employed. If you face another layoff after June 2020, youll be able to file a new claim and will qualify for the full 20 weeks because one whole calendar year has passed since your first claim.

In most cases, it is not possible to receive a Michigan unemployment extension. Previously, the state has only allowed extensions in times where economic downturn has created high Michigan unemployment rates.

How Much Will You Receive In Unemployment Benefits In Michigan

The Michigan Unemployment Insurance Agency determines your benefit amount by multiplying your earnings in the highest paid quarter of the base period by 4.1%. You may also receive $6 per week per dependent, for up to five dependents total. However, you cannot receive more than the maximum weekly amount, which is currently $362.

In Michigan, the duration of your unemployment benefits partially depends on your earnings during the base period. Normally, unemployment benefits are available for a maximum of 20 weeks as long as you remain unemployed, although the state might make extended benefits available during times of especially high unemployment.

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Unemployment Benefits Expanded View An Unemployment 101 Guide

Gov. Whitmer signed an executive order to expand eligibility for unemployment benefits in effect from March 16 through April 12. Michigans Unemployment Insurance program provides temporary income to workers who have lost their job through no fault of their own.

Am I Eligible For Unemployment Benefits If I Quit

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An individual who quits is typically ineligible for employment benefits. The one exception is if the individual left the job for good cause. How states define good cause varies, but generally, it is a condition that would have caused the individual harm or injury had they not quit.

In Michigan, a claimant must have lost their job through no fault of their own to qualify for unemployment benefits. The claimant must give the U.I.A. a detailed reason for their separation. The U.I.A. will issue a Notice of Determination showing whether the claimant is eligible for benefits.

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Unemployment Insurance In Michigan

See also: Unemployment insurance in the states

Unemployment insurance is a term that refers to a joint federal and state program that provides temporary monetary benefits to eligible laid-off workers who are actively seeking new employment. Qualifying individuals receive unemployment compensation as a percentage of their lost wages in the form of weekly cash benefits while they search for new employment.

The federal government oversees the general administration of state unemployment insurance programs. The states control the specific features of their unemployment insurance programs, such as eligibility requirements and length of benefits.

Although the word insurance is in the term, a few key differences distinguish unemployment insurance from private insurance plans such as home insurance, car insurance, or health insurance. In most states, employersrather than individuals themselvespay unemployment taxes that fund state unemployment insurance programs. When an individual loses their employment , state-administered unemployment insurance programs provide temporary monetary benefits to the former employee. Unemployment insurance compensation is not intended to replace lost wages it is designed to replace a portion of the individual’s lost wages with the goal of providing financial support as an individual searches for a new job.

This page provides information about the unemployment insurance program in Michigan.

Family And Medical Leave Act Program

Which employees are eligible?

To be eligible for paid FMLA leave, an employee must have been on your payroll for 30 days prior to taking leave. In addition, paid FMLA leave is only available if an employee is unable to work or telework because of a need to take care of a child because of a school closure or their regular child care provider is unavailable due to Coronavirus.

How much will employees receive?

Eligible employees may take up to 12 weeks of leave.

  • The first two weeks of that can be unpaid .
  • After that, the employee is eligible for 10 weeks of paid FMLA.

While taking paid FMLA leave, the employee will receive 2/3 of his/her regular rate of pay up to a maximum of $200 per day .

Restoration to the Previous Position: For businesses with fewer than 25 employees, it is not necessary to restore the employee to his/her previous position after paid FMLA leave is taken if the position no longer exists because of the public health emergency and the employer makes reasonable efforts to restore the employee to a similar position.

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When Are Michigan Employees Entitled To Unemployment Benefits

Individuals are entitled to benefits if they are no longer working through no fault of their own and are able and available to work. During the COVID-19 pandemic, Michigan has waived work search requirements for unemployed individuals. Unemployment benefits are generally not available to individuals who have the ability to work from home and are not available to individuals who are receiving paid sick leave or other paid leave benefits. An employee who refuses to come to work, when work is available, due to fear of exposure to the virus, is not entitled to unemployment benefits.

Quitting work without good cause in order to obtain unemployment benefits is fraud, and Michigans Unemployment Insurance Agency may pursue action against fraudulent claimants. Employers also have a duty to truthfully respond to requests for information received from the UIA and may be subject to fraud actions for intentionally helping individuals pursue benefits to which they are not entitled.

Maintaining Your Eligibility For Unemployment In Michigan

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Once the state grants you unemployment benefits, you’ll need to do two things:

  • Verify eligibility every 2 weeks: To complete the verification process, simply call the Michigan Automated Response Voice Interactive Network at 1-866-638-3993 or log in to your Michigan Web Account Manager account.
  • Actively search for work: Each week, you must let the UIA know about at least one job search. This can include applying for jobs, going to job fairs or attending job-search seminars.

If you don’t complete these tasks on schedule, the UIA can’t release your funds.

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Feds Relax Rules For Workers Ordered To Repay Michigan Unemployment Benefits

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A wave of Michigan residents who were told they had to repay their pandemic unemployment benefits may no longer need to do so.

Gov. Gretchen Whitmer announced on Monday that the U.S. Department of Labor granted a request by the state to expand eligibility for waivers for workers whod received Pandemic Unemployment Assistance and other temporary federal benefits from spring 2020 through Sept. 4, 2021.

About $5.7 billion in unemployment benefits were improperly given to people who said they were jobless during the pandemic, the state said in January. The payments were made with federal funds to people who would not normally be eligible for benefits, including part-time, self-employed and gig workers.

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However, many of them in the past few months received letters saying theyd been found to be ineligible for the payments and would have to repay them. In some cases, amounts sometimes exceeded $20,000.

But the federal ruling means the state can now waive repayments for those who applied for the benefits in good faith.

Michiganders should not be penalized for doing what was right at the time they applied for federal pandemic benefits, said Whitmer in a statement released about 6 p.m. Monday.

Five situations will allow Michigan to seek blanket waivers:

Information on how many people are affected is not available.

Reason For Losing Your Job

You must have a qualifying reason for being unemployed to be eligible for benefits. Here are the rules:

  • If you are laid off. If you lose your job in a restructuring, layoff, downsizing, or similar job action taken by your employer for economic reasons, you will qualify for benefits.
  • If you have been fired. You will still qualify for benefits, unless you were fired for misconduct related to your job, such as theft, assault, and intoxication at work. Getting fired for performance issues or being unable to do your job likely wont qualify as job-related misconduct.
  • If you quit. If you quit your job voluntarily, without good cause, you wont qualify for benefits. In Michigan, good cause is a compelling, work-related reason for quittingfor example, because your employer refused to correct dangerous workplace hazards. Certain personal reasons will also qualify, such as quitting your job to relocate with a military spouse who is transferred.

You can file a claim for unemployment benefits in Michigan online or by phone.

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How Do You Apply For Michigan Unemployment Benefits

When you get laid off, it’s important to file an unemployment claim on time ideally, by Friday of the week after your final day on the job. This ensures that your benefits will start right away. Can’t file on time? As long as your claim date is less than 14 days from that Friday, the state will allow you to prove that you had a good cause for being late. When you’re late by 14 days or more, your benefits will start the week you file.

Workers Falsely Accused Of Unemployment Fraud Can Sue The State Michigan Supreme Court Rules

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The Michigan Supreme Court ruled Tuesday that people falsely accused of unemployment fraud from 2013 to 2015 can sue the state for monetary damages.

LANSING, MI The Michigan Supreme Court ruled Tuesday that thousands of people wrongfully accused of unemployment fraud can sue the state for monetary redress over violated constitutional rights.

This Court bears the authority and ultimate responsibility to enforce our states Constitution and to ensure that rights have remedies, Chief Justice Bridget McCormack wrote in the 4-3 opinion.

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Can I Apply If I Am An Immigrant

Yes, however you will need to show proof of valid work authorization and proof that you earned enough “qualifying wages” during the past six months. For wages to be qualifying, you must have a qualifying immigration status at the time that you apply for benefits. If you include a social security number, make sure that it belongs to you.

Do Unemployment Benefits Make Me a Public Charge?No. They are not a factor in a public charge determination.

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