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Executive Order No. 20-04: Corona Virus -- Emergency Unemployment Insurance Benefit Relief (State of Nebraska)

Summary

Nebraska Governor Pete Ricketts issued Executive Order No. 20-04 on the 17th day of March, 2020, suspending parts of the Nebraska Employment Security Law for unemployment claims filed on or after March 22, 2020 through May 2, 2020. The order treats workers in unpaid status because of COVID-19 exposure or illness as on a temporary layoff and attached to their employment, suspends the unpaid waiting week and waives work search requirements. It counts a worker as available for work if any limitation on availability does not constitute a withdrawal from the labor market. Employers get relief from charging for benefits paid to individuals eligible solely as a result of COVID-19 exposure or illness, and for short-time compensation tied to COVID-19 reductions in work. Secretary of State Robert B. Evnen attested the order.

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Full text

                                  STATE of NEBRASKA
                                        OFFICE OF THE GOVERNOR

                                               LINCOLN


                                        EXECUTIVE ORDER NO. 20-04
                CORONA VIRUS -- EMERGENCY UNEMPLOYMENT INSURANCE BENEFIT RELIEF


WHEREAS, unemployment insurance benefits are designed to provide income to individua ls who are laid-
off through no fault of t heir own and are able and available to work; and

WHEREAS, federal and state law determine the el igibility requ irements for unemployment insurance
benefits; and

WHEREAS, federal and state law determine how unemployment insurance benefits are charged; and

WHEREAS, in order to combat the spread of COVID-19, individuals may need to stay home from work
even though healthy due to possible exposure of the worker or an immediate family member to the
COVID-19 virus or to care for an immediate fam ily member as a result of a quarantine, closure of schoo ls,
or daycares; and

WHEREAS, emp loyers may need to send healthy workers home from work in order to faci litate a partial
or tota l cessation of operations in order to stem the spread of the COVID-19 virus; and

WHEREAS, employers and employees need to work in concert t o prevent or contain the spread of the
COVID-19 virus; and

WHEREAS, in some circumstances, requiring workers to seek work while quarantined could effectively
deny the worker any access to unemployment benefits or encourage the spread of the COVID-19 virus by
forcing the worker into the co mmunity.

NOW THEREFORE, I, Pete Ricketts, Governor of the State of Nebraska, by virtue of the authority vested in
me by the Constitution and laws of Nebraska, find these conditions merit the granting of a waiver. of
certain provisions within the Nebraska Employment Security Law, Neb. Rev. Stat. §§48-601 to 48-683.
These statutes and regulations are hereby suspended, effective for claims filed on or after March 22, 2020
through May 2, 2020.

Pursuant to this declaration, I hereby order the following:

        1.        Suspend certain provisions of subdivisions (22) and (33 ) of Neb. Rev. Stat. §48-602 and
                  direct the Commissioner of Labor to treat workers in an unpaid statu s for any reason as a
                 result of COVID-19 exposure or illness as being on a temporary layoff and attached to
                 their employment.

          2.     Suspend the provisions of subdivision (4) of Neb. Rev. Stat. §48-627 requiring an unpaid
                 waiting week for any eligible individual.

          3.     Suspend the provisions of 219 NAC 4 (006) and provide that an individual is available for
                 work as required by Neb. Rev. Stat §48-627, if any limitation placed by the individual on
                 his or her availability does not constitute a withdrawal from the labor market.

        4.       Waive work search requirements otherwise required under Neb. Rev. Stat. §48-627 and
                 219 NAC 4 because compliance would be oppressive or inconsistent with the purpose of
                 the Employment Security Law.

        5.       Suspend certain provisions of (l)(b) of Neb. Rev. Stat. §48-652 and grant an employer
                 relief from charging for benefits paid to ind ividuals eligible for unemployment benefits
                 solely as a result of COVID-19 exposure or illness.

        6.      Suspend certain provisions of Neb. Rev. Stat. §48-681 and grant a contributory employer
                relief from charging for benefits paid to individuals eligible for short-time compensation
                benefits due to reduction in work as a direct result of COVID-19 exposure or illness.

        7.      Suspend certain provisions of Neb. Rev. Stat. §§48-632 and 48-652 and grant employers
                relief from charging and appeal rights when an employer's failure to respond to requests
                for separation information within ten days is reasonably attributable to absences or
                temporary separations resulting from COVID-19 exposure or illness.

IN WITNESS THEREOF, I have hereunto set my hand and caused the Great Seal of the State of Nebraska
to be affixed on this 17th day of March, 2020.



ATTEST:




                                                      Robert B. Evnen, Secretary of State


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