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

Ga. Comp. R. & Regs. R. 300-2-4-.09
O.C.G.A. ยงยง 34-2-6(a)(4), 34-8-47, 34-8-70, 34-8-190.
Original Rule entitled "Partial Unemployment" adopted. F. Jun. 25, 1998; eff. July 15, 1998. Amended: Title changed to "Partial Unemployment. Amended." F. Sep. 29, 2014; eff. Oct. 19, 2014. Amended: ER. 300-2-4-0.1-.09(1). F. Dec. 9, 2016; eff. Dec. 9, 2016, the date of adoption, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency. Amended: ER. 300-2-4-0.2-.09(1). F. Apr. 7, 2017; eff. Apr. 9, 2017, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency. Amended: ER. 300-2-4-0.3-.09(1). F. Aug. 7, 2017; eff. Aug. 7, 2017, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency. Amended: ER. 300-2-4-0.3-.09(1) repealed. Permanent Rule adopted. F. Sep. 1, 2017; eff. Sept. 1, 2017, as specified by the Agency. Amended: ER. 300-2-4-0.5-.09(1). F. Mar. 16, 2020; eff. Mar. 16, 2020, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency. Repealed: ER. 300-2-4-0.5-.09(1). F. Mar. 19, 2020; eff. Mar. 19, 2020. Amended: ER. 300-2-4-0.8-.09(1). F. Mar. 19, 2020; eff. Mar. 19, 2020, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency. Amended: ER. 300-2-4-0.13-.09(1). F. July 17, 2020; eff. July 19, 2020, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency. Amended: ER. 300-2-4-0.16-.09(1). F. Nov. 17, 2020; eff. Nov. 17, 2020, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency. Amended: F. Feb. 9, 2021; eff. Mar. 1, 2021. Amended: F. Mar. 23, 2021; eff. Apr. 12, 2021.

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