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XIV. LABOR AND EMPLOYMENT Introduction In the event of a disaster, employees may be displaced from their jobs, either


temporarily or permanently. This section discusses applicable state and federal law in connection with some of the issues that are likely to arise in such situations. In assessing the legal rights and obligations of employers and employees, however, inquiry should also be made as to any contractual rights arising from individual or collectively bargained employment agreements.


Disaster Unemployment Assistance Disaster Unemployment Assistance (DUA) provides payment of unemployment


assistance benefits to unemployed individuals whose unemployment is caused by a major disaster. It also provides reemployment assistance where the individual’s position has been permanently eliminated because of the disaster. DUA benefits are described in Sections 410 and 423 of the Stafford Act, and implementing regulations can found in 20 CFR Part 625. The Act and its implementing regulations “shall be construed liberally” so as to meet the needs of people who have lost their employment due to a disaster. 20 CFR 625.1(b). DUA is not managed by FEMA. Rather, it is a program paid for and administered by the Vermont Department of Labor (VDOL) in accordance with regulations and procedures prescribed by the Secretary of Labor of the United States.


The Disaster Assistance Period and Deadlines Whenever a presidential disaster area is declared, VDOL is required to promptly


announce throughout the disaster area by all forms of news media that individuals who are unemployed as the result of the disaster may be entitled to DUA. In addition to providing notice of the availability of DUA, VDOL is also responsible for notifying the public that they should file applications as soon as possible, but not later than the 30th day after the DUA announcement date, and where and how to file the DUA application.


After Irene, unfortunately, news about DUA did not reach many people who may


have been eligible for the benefit, and for those who did receive such notice, the application process was difficult to navigate and regularly mismanaged by VDOL. More than 30 days after the disaster, less than 10% of applicants had been approved and begun to receive benefits.


Eligibility Requirements for DUA DUA benefits become available after a presidential disaster area has been


declared and the Vermont Department of Labor (VDOL) and the Secretary of Labor have entered into an agreement to provide DUA benefits. Both unemployed workers and self-


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