SIGNIFICANT PROVISIONS OF STATE UNEMPLOYMENT INSURANCE LAWS JANUARY 2003

This document is prepared for general reference and may not reflect all the details of a state’s law. Consult the state agency or the state law for authoritative information. More detailed information may be found in the Comparison of State Unemployment Compensation Laws, which also includes information on Temporary Disability Insurance Programs.

OTHER PROVISIONS OF LAW:

Waiting Week - Most states require a 1-week waiting period where the claimant must meet all eligibility conditions before benefits are payable. The following states do not require a waiting week: AL, CT, DE, GA, IA, KY, MA, MD, MI, NV, NH, NJ, VT, WY (only from 7/1/02 to 3/30/04). The waiting week may be paid after a specified period of unemployment in MO, NJ, TX and TN. In some states, it may be suspended under certain conditions.

Base Periods - Qualifying earnings are determined using a base period consisting of the first 4 of the last 5 completed calendar quarters. In the following states, more recent earnings may be used under certain conditions: CT, GA, ME, MA, MI, NH, NJ, NY, NC, OH, OK (if fund meets balance requirements), RI, VT, WA, WI.

FOOTNOTES:

¹ Reflects basic qualifying formula. Some states have alternative qualifying formulas.

² When two amounts given, higher includes dependents' allowances. If state has a dependents' allowance and only one amount is given, the maximum is the same with or without the allowance.

³ This column lists the amount of weekly earnings that are disregarded (will not reduce the weekly benefit amount). However, earnings in excess of those listed will be deducted from the weekly benefit amount, resulting in a reduced payment.

⁴ For states that use earnings, further calculation is needed to derive the number of benefit weeks- take the amount obtained from the formula listed (which is the claimant's maximum benefit amount) and divide it by the claimant's weekly benefit amount. States with uniform duration do not have to calculate the number of benefit weeks since it is fixed.

⁵ Lists number of benefit weeks for only the regular program for total unemployment. In states with uniform duration, all eligible claimants receive the same number of benefit weeks. In some states, additional weeks of benefits are payable under limited circumstances such as high unemployment, continuation of approved training, or workforce dislocations.

⁶ Coverage is determined by the size of the employing unit's payroll or the number of days or weeks worked during a calendar year and applies to employing units who during any calendar quarter in the current or immediately preceding calendar year paid wages of $1,500 or more, or to employing units who employ one or more workers on at least 1 day in each of 20 weeks during the current or immediately preceding calendar year; such employing units are liable for taxes, and the workers accrue benefit rights. States may have different thresholds for agricultural, domestic, and nonprofit employing units. For those states with "Any size," all workers are covered regardless of payroll size or weeks worked.

⁷ Rates applicable to experience rated employers only.

If you have any questions, please contact Suzanne Schwartz Simonetta at 202-693-3225 or Loryn Lancaster at 202-693-2994.