Ga. Comp. R. & Regs. R. 300-2-4-.09 - Partial Unemployment. Amended
Current through Rules and Regulations filed through April 4, 2022
(1)
(a)
"Weekly report of Low Earnings", Form DOL-408, may be filed by an employer with
respect to any complete pay-period week during which an otherwise full-time
employee works less than full-time, due to lack of work only, and earns an
amount not exceeding his unemployment insurance weekly amount, if known, plus
Non-deductible Earnings or earns an amount not exceeding the maximum weekly
benefit amount provided in the Employment Security Law, plus Non-deductible
Earnings, if the individual's unemployment insurance weekly benefit is not
known. Partial unemployment claims shall not be submitted or allowed for
vacation days regardless of whether such vacation days were requested by the
employee or established by the employer.
(b) For partial claim weeks beginning on or
after December 11, 2016, the limitation on partial unemployment claims set
forth in the last sentence of subparagraph (1)(a) shall not apply during an
employer company shutdown or employer established vacation period when such
shutdown or vacation period is due to circumstances outside the employer's
control which directly affect the employer's business operations.
(c) An employer filing partial unemployment
claims must have a positive reserve account as that term is used in OCGA
34-8-155;
provided, however, the positive reserve account requirement shall not apply to
partial claims filed for partial claim weeks beginning on or after December 11,
2016.
(2) Payments shall
be made for partial unemployment only upon the approval by the Commissioner.
Approval shall be based upon consideration of the conditions set forth in these
regulations.
(a) The employer shall complete
an affidavit in such form as approved by the Commissioner with respect to the
partial unemployment for partial claims which are submitted on magnetic
tape.
(b) Normally employers who
have over twenty-five (25) employees affected by the partial unemployment may
have such partial unemployment approved.
(c) Such unemployment must have been directly
caused by lack of work and no other issues as to entitlement of unemployment
benefits may be present; if other issues are involved the employee must report
to the nearest career center in order to claim unemployment benefits.
(d) Form DOL-408, the questionnaire and any
other correspondence shall be signed by the employer and transmitted to:
Georgia Department of Labor
Claims Administration
Suite 900
148 Andrew Young International Blvd., N.E.
Atlanta, Georgia, 30303-1751.
(e) The employer's physical address,
telephone number and DOL account number must be shown on forms. Forms with only
post office mailing addresses or without telephone number and account number
shall not be accepted.
(f) The
Commissioner may provide for the filing of partial claims online and require
the filing of all partial claims online.
(3) Six (6) consecutive weeks or total
unemployment immediately following a week of full-time or part-time employment
may be reported by an employer on Form DOL-408 or magnetic tape or
online.
(4) Following those six (6)
consecutive weeks of total unemployment for any worker reported on Form
DOL-408, an employer who requests permission and shows justifiable cause may,
upon approval of the Commissioner report four (4) additional weeks of total
unemployment on Form DOL-408, provided the employer provides a firm return to
work date for such employees within the four (4) week time period.
(a) If the employer can provide no firm
return to work date or upon expiration of the approved time period for
acceptance of partial unemployment claims, or when an employer ceases to file
Form DOL-408 for any totally unemployed worker, the employer shall immediately
advise the employee to report in person to the nearest local career center of
the department for the purpose of registering for work and reporting on his or
her claim.
(b) Employers will not
be authorized to file low earnings reports for regular breaks in seasonal
employment. They may be filed when unusual circumstances require a break in
employment at a time of normal, non-seasonal work.
(c) Any employer found by the Commissioner to
be abusing the purpose and intent of the partial claims program will be
restricted from using the partial claims program will be restricted from using
the partial system for a period of three (3) years form the time of discovery
of the violation. This restriction may be appealed to the Commissioner for
possible reconsideration. Such appeal shall follow standard appeal provisions
specified in the Employment Security Law for benefit appeals at O.C.G.A.
Section
34-8-220.
(5) Because partial unemployment
claims are employer-initiated claims based upon lack of work, such employers
will receive no Form DOL-1199FF (notice of initial claim). The employer will
receive its quarterly notification of charges against its account as provided
by O.C.G.A. Section
34-8-157(d)
and O.C.G.A. Section
34-8-159(4),
provided, however, such employer will be furnished notice of the approval by
the Department of the initial partial claims.
(6) An employer shall not be permitted to
file partial claims within 180 days of registering their account with the
Department. In the discretion of the Commissioner, this limitation on partial
claim filing may be waived.
Notes
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