Employer Assisted Claims

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NO.:RULE TITLE:

73BER20-1Employer Assisted Claims

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The Department has received an unexpected surge in reemployment assistance claims due to COVID-19 that is preventing individuals from being able to submit reemployment assistance claims and receive reemployment assistance benefits in a timely manner.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: Individuals submitting claims are unable to receive benefits in a timely manner, and this process will allow for faster processing of claims while complying with Federal mandates and preserving the claimant’s existing rights under applicable Federal and State law.

SUMMARY: The rule provides for a temporary, emergency process through which an employer may submit mass filings on behalf of its employees.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Adam Callaway at [e-mail]

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

73BER20-1 Employer Assisted Claims

(1) Purpose.  The purpose of this emergency rule is to provide a process through which employers may notify the Department of a mass separation (as defined herein) and make a group filing on behalf of the employer’s similarly situated employees. 

(2) Duration of this Rule.  This rule shall no longer be effective upon the earlier to occur of:

(a) The timeframe described in section 120.54(4)(c), F.S.; or

(b) The expiration of Governor’s Executive Order 20-52; or

(c) The date a final rule, if any, has been adopted pursuant to section 120.54, F.S., concerning the same subject matter herein.

(3) Definitions.  For purposes of this rule:

(a) “Employer Assisted Claim” means an initial claim filed by an employer on behalf of its employees in accordance with this rule.

(b) “Mass separation” means the full, partial, permanent or temporary separation of 1,000 or more full time employees from the same employing unit, at or around the same time, due to circumstances related to COVID-19.

(4) Effective Date of Claim.  The effective date of an initial Employer Assisted Claim will be the Sunday immediately preceding the date on which the unemployment began.

(5) Payments.  Weeks of benefits paid to a claimant pursuant to an Employer Assisted Claim will count towards that claimant’s total eligible benefits.

(6) Claimant Reports.

(a) A claimant covered by an Employer Assisted Claim must complete their application within 30 days after the filing was initiated by the employer.  The Department may waive the 30-day deadline upon a showing of good cause.

(b) Nothing provided for herein limits, alters, or amends a claimant’s rights provided for in section 443 of the Florida Statutes with respect to a hearing if a claimant is denied a claim.

(7) Employer Assisted Claim.

(a) Initiation.  An employer that commences a mass separation because of circumstances related to COVID-19 may initiate an Employer Assisted Claim by submitting, including but not limited to, the following information for all employees subject to the mass separation:

1. The employer is filing because of COVID-19;

2. First and last name and other last names they have worked under in the last 18 months;

3. Social Security Number (SSN) and other SSNs they have worked under in the last 18 months;

4. Gender;

5. Mailing Address (includes street address, city, state, zip code, county, and country);

6. Date of Birth;

7. Citizenship status;

8. Job title;

9. Type of employment;

10. Employment start date;

11. Employment end date;

12. Reason for separation;

13. Severance payments;

14. Earnings (Report gross wages—amount of pay before deductions— for any work they performed during the week for which you are filing AND earnings from other employment. Report any leave pay, vacation pay, holiday pay, and/or gross earnings during the week in which it was earned, NOT during the week it was paid to the employee. Income for Social Security benefits, jury duty income, and pay for weekend military reserve duty should not be reported as earnings;

15. Alien registration information for non-citizens of the United States;

16. Employer name;

17. Employer Identification Number; and

18. Employer’s legal address.

(b) Form of Submission. Due to the sensitive nature of the information, an employer must submit employee information through secure means as approved by the Department.

(c) Initial Claim.  An employer must file an initial Employer Assisted Claim within 10 days after the date the unemployment due to mass separation begins.

(d) Duration.  An employer may provide an Employer Assisted Claim until this rule expires pursuant to s. 120.54, F.S.  Upon expiration of this rule, no employer may file an Employer Assisted Claim.

(e) Affidavit. For each initial claim submitted by an employer, the employer must complete the Employer Instructions and Attestation in the format set forth below:

 

EMPLOYER INSTRUCTIONS AND ATTESTATION

Instructions:

This process addresses the temporary changes to Florida’s Reemployment Assistance Claim Filing instructions due to COVID-19. The employer will need to initiate the submission of the employees’ claim. Please communicate with your employee to gather the required information. It is the employer’s responsibility to tell their employee the claim has been initiated and how the employee can receive payments.

 

Eligibility:

You may submit partial claims for employees who are temporarily laid off due to a lack of work. To the best of your knowledge, do NOT submit claims for employees who:

• will be paid for the temporary layoff period, e.g., paid salary, paid sick leave, paid vacation or paid family leave.

• are/were on scheduled leave prior to the layoff period, e.g., a leave of absence or medical leave.

• employed by a temporary agency and are currently working at your place of business.

• were employed in another state in the last 18 months. (Employees should be directed to Apply for Reemployment Assistance Benefits online)

• were employed with the federal government or on active military service in the last 18 months. (Employees should be directed to Apply for Reemployment Assistance Benefits online)

 

When You File:

• Accurately report each employee’s information in accordance with emergency rule 73BER20-1.  Each employee’s name, social security number (SSN), and date of birth must match the Social Security Administration’s records. 

 

Advise Your Employees:

• They have two options of receiving their benefits: direct deposit or prepaid debit card.

• Employees choosing direct deposit must enter their direct deposit information into CONNECT.

• They can elect to have taxes withheld by the Department.

• Reemployment Assistance benefits are paid on a biweekly basis.

• There must be seven days between payment week ending dates.

• Report any vacation pay, holiday pay, and/or earnings during the week in which it was earned, NOT during the week it was paid to the employee.

• Report any additional income employees are receiving to the Department, except Social Security benefits, jury duty income, and pay for weekend military reserve duty.

• Reemployment Assistance benefits will stop when the employment resumes.

 

Employer Requirements:

 I am an employer in the State of Florida.

 I am filing this claim on behalf of multiple employees.

 I understand this process was put in place by the Department as a temporary process in response to COVID-19, and this process will only last until the state resumes normal procedures for filing unemployment claims, but not more than 90 days from the effective date of emergency rule 73BER20-1.

 I understand that if I have any questions about eligibility, payments, or the unemployment program, I can go to floridajobs.org.

 

Employer Attestation for Filing Reemployment Assistance Certifications for Employees

I hereby certify that the individuals submitted for Reemployment Assistance benefits this week are employees of the employer who are not currently working for the employer.

 

I understand that the law provides penalties for submitting false claims. I further understand that under the Rules of the Department, any employer found to be abusing the purpose and intent of the Employer Assisted Claim mechanism will be prohibited from using this mechanism from the time of discovery of the violation.

 

Employer Account Number: ______________________________________________________________________

Employer First and Last Name: ____________________________________________________________________

Employer E-mail Address: ________________________________________________________________________

Signature: _____________________________________________________  Date: __________________________

 

Rulemaking Authority 443.091 FS. Laws Implemented 443.036, 443.091, 443.101, 443.111, FS. History–New 4-20-20.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: 4/20/2020