supplemental unemployment benefits pursuant to a collective bargaining agreement
private income protection insurance SSA, pension, or annuity income that is deducted from the applicant’s regular compensation
workers’ compensation benefits DUA benefits are available to eligible unemployed workers or unemployed self-
employed individuals for all weeks of unemployment which begin during a Disaster Assistance Period. The Disaster Assistance Period ends no later than the 26th week subsequent to the date the major disaster was declared. See 20 CFR 625.2.
Appeal Procedure Applicants may appeal their benefit amount through the normal UC appeal
process, involving a hearing before an ALJ, in accordance with applicable VDOL procedures, except that the period for appealing is 60 days from the date of VDOL’s eligibility determination. The ALJ’s decision must be issued within 30 days after receipt of the appeal by the State. Unlike regular UC, if dissatisfied with the decision of the ALJ, the applicant must request review by the federal Department of Labor Regional Administrator. The ALF decision shall contain information on how to seek such review. The review must be requested within 15 days after the applicant received notice of the ALJ decision or the date the decision was mailed, whichever comes first. Regional Administrator decisions are final. See 20 CFR 625.10 for further details.
General Employment Issues: Frequently Asked Questions
1. What is an employer's obligation in regard to providing notice when employees are being terminated or laid off due to a disaster?
The answer to this question depends on the size of the employer and the total number of employees affected. Employers with 100 full-time employees or full- time employee equivalents are governed by the WARN Act which requires that certain notices be provided to employees, employee representatives and governmental units 60 days in advance of plant shutdowns or mass layoffs affecting 50 employees or more. If the employer has less than 100 employees, the WARN Act does not apply and the employer is free to terminate its employees without notice. The employer is also not required to give notice if a layoff or plant closing is the direct result of a natural disaster (i.e., hurricane, flood, earthquake, tornado, storm, drought, or similar effect of nature). The WARN Act is quite complex, and the Department of Labor regulations need to be consulted if there is a possibility that WARN applies. These regulations are set out at 20 CFR Part 639 and are available on the U.S. Department of Labor web site,
www.dol.gov.
2. What is an employer's obligation with respect to group health plan? 86
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