Employment Panel Q&A Resource-Share
The following resources were shared by panelists & attendees of the 3/25/2020 and 4/6/2020 Employment Q&A Zoom Sessions focused on the COVID-19 crisis.
Massachusetts Rapid Response Team
Resources for employers & Employees Navigating Current Crisis
Covid-19 Unemployment Information for Employers and Employees
NEW link to bill in the MA legislature about not increasing experience rates for COVID related layoffs. This has passed Senate, needs House approval.
Apply for Unemployment benefits online (quickest) here. Hours for online claims: 7 days a week, from 6am to 10pm.
For help with individual unemployment claims: 413-774-4361 (Spanish-speaking staff available)
Q&A Regarding the Family and Medical Leave Act (FMLA) and how it applies during COVD-19 Pandemic.
Disability Law Center is a resource for employees who have disabilities and have questions about their employment, i.e. questions about reasonable accommodation. Contact Tom Murphy tmurphy@dlc-ma.org
Massachusetts Rapid Response
If your workplace is temporarily closing or downsizing due to Covid-19 (Coronavirus), the Massachusetts Rapid Response Team can provide assistance to you and to your employees. For more information contact:
Carol Snyder
MA Rapid Response W. MA Regional Coordinator
MassHire Springfield Career Center office
95 Liberty Street, Springfield 01103
Carol.snyder@detma.org
413-858-2846
Department of Unemployment Assistance – Workshare Program
Gives employers a way to avoid layoffs by sharing the cost of wages with the State of Massachusetts. Employers apply online with their UI Online Employer Account.
Massachusetts Covid-19 Resources for Businesses
SBA Economic Injury Disaster Loan application, tax relief (postponement of sales, meals, room occupancy taxes until June 20), Small Business Recovery Loan Fund (on hold until SBA EIDL funds expire).
Restaurant Strong Fund
$1,000 grants to full-time restaurant workers in Massachusetts who are dependent on wages plus tips to cover basic living expenses and provide for their families.
Bartender’s Emergency Assistance Program:
USBG National Charity Foundation, an organization of beverage, hospitality, and nonprofit professionals – COVID-19 Relief Campaign (membership in USBG is not required to apply). Emergency grants for bartenders or servers engaged in the service or preparation of alcoholic beverages.
FHcareers.org closed for in-person services, but still providing assistance by phone, email, web
Q&A Notes
We extend our thanks to our panel of experts for their help with navigating these questions.
Unemployment Insurance (UI) Questions:
Is there a minimum income threshold for people to be eligible for UI – part time workers?
$5,100 between Jan. 1, 2019 and current date (base period). This threshold is for all jobs with earned income, e.g. several part-time jobs.
Are people who choose to stay at home but business is not closed eligible for UI?
It is unclear. May not meet the current eligibility list for the Covid-19 fast track claim. The person should apply and see. The current eligibility criteria for Covid related claims include:
- Employer has closed
- Hours have been reduced
- Claimant or someone in claimants household is quarantined
- Claimant or someone the claimant is caring for is “high risk” (older adults and/or persons with serious chronic medical condition)
- Lack of childcare
- “Leaves employment due to reasonable risk of exposure or infection.” Link to more info.
There is also a separate yes/no question that asks “Are you out of work because you have been impacted by the COVID-19?” The response could be yes (there does not appear to be a text box to explain)
If an employee chooses not to come in because they don’t feel safe vs. quitting are they eligible?
Same as previous answer (above).
FHCC UI staff assist people who have trouble making their online weekly filing?
Yes, employees who have filed for unemployment and need assistance filing their weekly request for unemployment benefits can call 413-774-4361 and Career Center Unemployment Assistance staff can help them do that remotely.
If someone takes out/receives a personal loan to get by does that count as income against their UI claim?
No, it does not count as income.
If claimant worked in MA with a MA employer but lives out of state, are they eligible for MA UI?
Yes, they should file for Massachusetts Unemployment Assistance.
Does an employer need to contact DUA if they are going to extend their furlough period?
We are submitting this Q to DUA for further clarification, but the UI staff recommends yes. Contact DUA if you are changing the date of your temporary layoff/furlough period especially if the employer received a layoff notice from DUA and had indicated a return date on the form. You can try doing this in 3 ways:
- Through the employer’s online UI account
- Email the DUA employer questions email address at: UIEmployerHelp@detma.org
- Calling the main # at DUA 617-626-6800 but be forewarned this main # no longer has an employer’s extension. You would need to leave a message in the general mailbox.
If a laid off employee is brought back to work on a part-time basis, how does this impact their UI benefits?
UI recipients need to report any gross wages earned on a weekly basis when they go online to submit their weekly benefits request. They are allowed to earn 1/3 of their benefits rate on a PT job and then dollar for dollar is deducted from their unemployment if it exceeds the 1/3 amount.
Bringing an employee who has already been laid off/furloughed back to work to use Emergency Paid Family Sick Leave or Emergency Family Medical Leave?
MA Workforce Association obtained a legal opinion on this question. Contacting your own attorney is advisable, but here is the general opinion:
My take on your question below about whether a furloughed or laid off employee could be brought back on for the COVID-19 paid leave and then furloughed/laid off again is no.
That’s because the DOL has made clear in its temporary regs and Q&A that the employer must have work for the employee to do in order for the employee to be entitled to the leave. If the employer is just bringing the employees back so it can pay them for the leave and then is going to furlough them at the end of the leave, it does not seem as though the employer has work for the employees to do. (In MA if the employees are not performing “essential services” under the governor’s order and can’t telework, there may not be work they can do.) The employer may not claim a refundable tax credit for paid leave that doesn’t meet the requirements for paid leave under the FFCRA and regulations thereunder. (The IRS FAQ on the tax credits make clear that “Eligible Employers may only claim a credit for qualified leave wages.”)
Here’s some relevant language from DOL’s temporary regs (it addresses one of the qualifying reasons for leave, but other language in the regs and DOL Q&A make it clear this rationale applies to any of the qualifying reasons):
Section 826.20(a) explains that an employee may take paid sick leave if the employee is unable to work because of any one of six qualifying reasons related to COVID–19. The first reason for paid sick leave applies where an employee is unable to work because he or she is subject to a Federal, State, or local COVID–19 quarantine or isolation order. Quarantine or isolation orders include a broad range of governmental orders, including orders that advise some or all citizens to shelter in place, stay at home, quarantine, or otherwise restrict their own mobility. Section 826.20(a)(2) explains that an employee may take paid sick leave only if being subject to one of these orders prevents him or her from working or teleworking as described therein. The question is whether the employee would be able to work or telework ‘‘but for’’ being required to comply with a quarantine or isolation order.
An employee subject to one of these orders may not take paid sick leave where the employer does not have work for the employee. This is because the employee would be unable to work even if he or she were not required to comply with the quarantine or isolation order. For example, if a coffee shop closes temporarily or indefinitely due to a downturn in business related to COVID–19, it would no longer have any work for its employees. A cashier previously employed at the coffee shop who is subject to a stay-at-home order would not be able to work even if he were not required to stay at home. As such, he may not take paid sick leave because his inability to work is not due to his need to comply with the stay-at-home order, but rather due to the closure of his place of employment.1
1This analysis holds even if the closure of the coffee shop was substantially caused by a stay-at home order. If the coffee shop closed due to its customers being required to stay at home, the reason for the cashier being unable to work would be because those customers were subject to the stay at-home order, not because the cashier himself was subject to the order. Similarly, if the order forced the coffee shop to close, the reason for the cashier being unable to work would be because the coffee shop was subject to the order, not because the cashier himself was subject to the order.
Workshare Program Questions:
Are salaried employees who have hours reduced by employer, eligible for Workshare or are only hourly employees eligible?
All staff salaried and hourly are eligible as long as they are included in an approved workshare plan filed by the employer. See details here: https://www.mass.gov/workshare-for-employers
Rapid Response Questions:
Business is currently a sole proprietorship scheduled to convert to S Corp on April 1. Will this change confuse employee UI claims? Should the conversion be delayed?
Not sure, the business may need to list the company under the 2 different names in the UI system employer account. Contact the Dept. of Unemployment Assistance here: UIEmployerHelp@detma.org
Is there any relief from increased UI employer contribution due to Covid-19 layoffs or should employers expect their rates to increase?
Not sure, it could be covered under the relief package Washington just approved – awaiting details. Will keep checking on this on state and federal levels.
Religious employers who are exempt from paying into UI system and who do not self-fund UI – are their employees eligible for MA UI assistance or does the employer’s religious exemption disqualify them?
Religious is usually disqualified, but they may qualify under disaster UI if it is approved (awaiting more information on this and will pass it on when available).
More details on the relief/waiver of meals, sales, room taxes for businesses that pay less than $150,000 annually? (vs. the delay in payments until June)
Rapid Response does not have any more details. Follow up will come when more information is available from the state.