Alabama benefit relationship

Added: Wilmer Acevedo - Date: 12.01.2022 06:50 - Views: 36162 - Clicks: 2284

Tuesday, April 7, In an effort to help support businesses, their owners and their employees, Congress has passed sweeping legislation over the last few weeks.

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While much of the focus of the legislation has been on job retention, Congress is well aware of the economic realities facing businesses in these unparalleled times. For that reason, Congress took specific steps to aid workers that are, or will be, suffering from COVID related unemployment circumstances, regardless of the size of their employer. When combined with similarly-focused state-level changes, the landscape of unemployment law in the United States has experienced ificant changes in the last month.

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As unemployment benefits are ultimately state-administered programs, this Client Alert will provide insight on what the Maynard Cooper team has seen as the most frequently asked questions and answers for Alabama employers facing the unenviable decision of whether to reduce employee hours, place employees on unpaid leave status or layoff employees as a result of COVID However, out-of-state and multi-state employers will find many of these questions and answers applicable in other states and the Maynard Cooper team is prepared to assist clients with their questions beyond Alabama.

If you have any questions or comments about your employer-related unemployment options or obligations in light of these recent changes in law, whether in Alabama or in another state, please reach out to Beth BeaubeJohn HolmesDavid Humber or your Maynard Cooper relationship contact. It is important to note that all unemployment benefit eligibility determinations for Alabama workers will be made by the Alabama Department of Labor, so these questions and answers should not be interpreted as a conclusion that eligibility for any particular individual will be granted.

We are dedicated to providing client-focused services, and it is the goal of the Task Force to continue this level of service to each and every client as they face challenges about planning for and responding to the threats posed by the virus. If you have any questions, please reach out to your relationship partner or any of the lawyers serving on the Task Force.

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This Client Alert is for information purposes only and should not be construed as legal advice. The information in this Client Alert is not intended to create and does not create an attorney-client relationship. Generally, companies must This legislation, which applies to all public employers and those private employers with fewer than employees, provides for two forms of paid leave for employee absences related to COVID A more detailed analysis of those Q1: What is the maximum of weeks an Alabama employee may obtain unemployment benefits?

During the first three months ofAlabama provided 14 weeks of unemployment benefits because of the low unemployment rate in Alabama prior to COVID The maximum coverage amount is subject to change as the unemployment rate in Alabama increases. Accordingly, Maynard Cooper will continue to monitor this in the weeks to come. Q2: Does Alabama provide unemployment benefits to employees who have had their hours reduced at work? A: It is possible to receive unemployment benefits in Alabama if the employee is working and his or her gross weekly earnings are less than his or her weekly benefit amount.

Q3: How does Alabama calculate the amount of unemployment benefits an employee working reduced hours is entitled to? A: Alabama law provides that each eligible individual who is totally unemployed or partially unemployed shall be paid with respect to such week a benefit in an amount equal to his or her weekly benefit amount, less that part of the wages, if any, payable to him or her with respect to such week which is in excess of one third of the weekly benefit amount.

Q4: Does Alabama have a requirement on how much of a reduction in hours is required to qualify for unemployment benefits from the State? A: Alabama does not have a specific requirement for eligibility, but if the employee earns too much in the form of wages, he or she would not qualify for any additional unemployment benefits from Alabama.

If his or her gross weekly earnings are greater than the weekly benefit amount for which he or she qualifies, such person will not be eligible for unemployment benefits.

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However, whether an employee is eligible for welfare benefits during a period of unemployment is generally determined by the terms of the benefit plan and any underlying insurance policy. An employer should consult benefits counsel or its regular benefits adviser to determine whether coverage continues under a welfare benefits plan during a period of unpaid leave or unemployment, as well as the application of COBRA, FMLA and the cafeteria plan rules during the period of unpaid leave or unemployment.

Additionally, if the employee is still receiving pay from the employer for paid vacation or paid time off in excess of the maximum weekly benefit amount, the employee may not be eligible for unemployment benefits at that time.

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Q7: Does Alabama allow retroactive filing of unemployment claims for weeks? A: Alabama will allow an employee to apply for unemployment benefits retroactively. Q8: Is an Alabama employee eligible for unemployment benefits if he or she has not worked for the current employer for the minimum required time frame? A: Assuming the employee has ly worked before ing employment with the current employer, the employee should be able to apply for unemployment benefits. Q9: Has Alabama expanded the classification of workers permitted to apply for unemployment benefits independent contractors, gig workers, self-employed workers, etc.

Q If an employee lives in one state and works in another state, in which state should that employee file for unemployment benefits?

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A: In general, an employee should file within the state where the wages are earned even if the employee lives in another state. Ultimately, the applicable state departments of labor will determine the appropriate state to provide the unemployment benefits to a particular eligible individual. Q Can an Alabama employer file for unemployment benefits on behalf of its employees?

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A: Alabama is currently encouraging Alabama employers to file on behalf of its employees. Q Will the unemployment benefits be considered taxable income to the employee? A: Unemployment benefit payments are considered taxable income under current federal and Alabama law. A: Alabama has suspended the one week waiting period for receipt of unemployment benefits, meaning employees are immediately eligible to start receiving payments as soon as approved by Alabama. Search News. .

Alabama benefit relationship

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