Memorandum: Unemployment Insurance Eligibility – Pandemic Response (Rhode Island Department of Labor and Training, April 13, 2020)
Summary
Scott R. Jensen, Director of the Rhode Island Department of Labor and Training, sent this April 13, 2020 memorandum to Kathy Catanzaro, Interim Assistant Director, Income Support, to clarify Unemployment Insurance eligibility during the COVID-19 public health emergency. It defines terms such as "able and available for work" and "good cause", and says a worker who quits without good cause is ineligible, while a worker who is laid off may collect benefits on meeting the monetary and non-monetary requirements. Citing Unemployment Insurance Program Letter No. 16-20 of April 5, 2020, it lists who may qualify for Pandemic Unemployment Assistance, including self-employed individuals, gig-economy workers and individuals lacking sufficient work history, and requires being able and available to work except in five COVID-19 circumstances, such as a diagnosis, quarantine or a child's closed school.
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Full text
Memorandum
To: Kathy Catanzaro, Interim Assistant Director, Income Support
CC: All Income Support Managers and Staff, UI Administrative Staff
From: Scott R. Jensen, Director, Department of Labor and Training
Date: April 13, 2020
Subject: Unemployment Insurance Eligibility – Pandemic Response
1. Purpose
The purpose of this Memorandum is to provide clarity on Unemployment Insurance
program eligibility determinations during the COVID-19 public health emergency.
2. Definitions
A. As used in this Memorandum, the following terms shall be defined as follows:
1. “Able and available for work” means a person is physically able to work full-time
and available to work full-time as required pursuant to R.I. Gen. Laws § 28-44-
12.
2. “Department” means the Department of Labor and Training.
3. “Department of Health” means the Rhode Island Department of Health, as
established per R.I. Gen. Laws § 42-18-1.
4. “Good cause” means a reason that does not impact the ability of Rhode Island
employers to serve the general public, their customers and the State, when doing
so is in accordance with the safe social distancing practices and general safety
precautions as offered by the Department of Health and the individual has not
been impacted by COVID-19.
Good cause does not mean voluntarily quitting a job or otherwise leaving an
employment position to collect Unemployment Insurance when:
a. suitable work is available; and
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b. the worker has not been diagnosed with COVID-19; or
c. the worker is not in a high-risk category as articulated by the Department of
Health; or
d. the worker is not the primary caregiver for a child whose school or childcare
center has been closed by order of the government; or
e. the worker is not the primary caregiver for a person that has been diagnosed
with COVID.
5. “Layoff” or “Laid off” means an involuntary separation from employment when
that separation was the result of an action taken by an employer.
6. “Voluntary quit” means separation from employment when that separation was
the result of a decision made by the employee to leave their job.
3. Unemployment Insurance Eligibility
3.1 Reason for Separation
A. Pursuant to R.I. Gen. Laws § 28-42-1, et. seq., and R.I. General Laws § 28-44-1, et. Seq.,
Rhode Island employees that become separated from employment may file for
Unemployment Insurance benefits.
B. Employees that separate from employment as the result of a voluntary quit without good
cause shall be ineligible for benefits as prescribed in R.I. Gen. Laws § 28-44-17.
3.2 Eligibility Requirements
A. Any individual who is separated from employment as the result of a layoff shall be
eligible to collect benefits if they satisfy the monetary requirements as required pursuant
to R.I. Gen. Laws §28-44-11 and the non-monetary requirements as prescribed in 28-44-
1, et. seq., including, but not limited to being able and available to work.
B. Any individual who fails to meet the monetary requirements or non-monetary
requirements to establish a claim shall not be eligible to collect benefits.
4. Pandemic Unemployment Assistance
4.1 Program Overview
A. The Pandemic Unemployment Assistance program was established by Congress to
provide Unemployment Assistance benefits to individuals separated from employment, as
a result of COVID-19, that do not qualify for traditional Unemployment Insurance or
Unemployment Compensation.
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B. Pursuant to Unemployment Insurance Program Letter (UIPL) No. 16-20, issued by the
United States Department of Labor on April 5, 2020, states are required to protect the
integrity of the Unemployment Insurance program by ensuring that individuals only
receive benefits in accordance with statutory provisions and by enforcing anti-fraud
provisions of state law and federal regulations.
4.2 Eligibility
A. Pursuant to UIPL No. 16-20, issued by the United States Department of Labor on April 5,
2020, the following individuals may be eligible to collect benefits under the Pandemic
Unemployment Assistance program:
1. Self-employed individuals, including independent contractors, gig-economy workers
and workers for certain religious entities;
2. Individuals seeking part-time employment;
3. Individuals lacking sufficient work history; and
4. Individuals not otherwise qualified for regular Unemployment Compensation,
extended benefits under state or federal law or PEUC.
B. In accordance with UIPL 16-20, the Department requires eligible individuals to be able
and available to work as required by state law, unless the individual is unemployed or
partially unemployed due to the following circumstances regarding COVID-19:
1. The individual or someone they reside with has been diagnosed with COVID-19 or is
seeking a diagnosis;
2. The individual is the primary caregiver for a family member, or member of their
household, that has been diagnosed with COVID-19 or is seeking a diagnosis;
3. The individual has been quarantined by a medical professional or public health official
as a result of COVID-19;
4. The individual is the primary caregiver for a child whose school or childcare center has
been closed as a result of COVID-19; or
5. The individual or a member of their household is at high risk of contracting COVID-19
because of their medical condition, their age or other rationale as offered by the
Department of Health.
C. Individuals unemployed for the reasons articulated in part 3.2 (B) shall be eligible to
collect Pandemic Unemployment Assistance if other applicable eligibility requirements
as prescribed in R.I. Gen. Laws § 28-44-1, et. seq., and 260-RICR-40-05-1 are satisfied.
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