Rule 300-2-4-.09 - Employer Filed Partial Unemployment Claims(1) Claim filing. Employer filed partial unemployment claims may be filed by an employer with respect to any complete pay-period week during which an otherwise full-time employee works less than full-time due to lack of work only, and earns an amount not exceeding:(a) The individual's unemployment insurance weekly benefit amount, if known, plus Non-deductible Earnings, or(b) The maximum weekly benefit amount provided in the Employment Security Law, plus Non-deductible Earnings, if the individual's unemployment insurance weekly benefit amount is not known.(2) Approval of claims. Payments shall be made for partial unemployment only upon the approval of the Commissioner. Approval shall be based upon the conditions set forth in these regulations.(3) Effect of approved claim. A properly completed and approved employer filed partial unemployment claim shall constitute a claim for unemployment insurance benefits on behalf of an employee with respect to the week of partial unemployment covered by the claim.(4) Notice of approval. The Department will furnish the employer with notice of the approval of the initial employer filed partial claims; however, because employer filed partial unemployment claims are employer-initiated claims based upon lack of work, such employers will not receive Form DOL-1199FF (notice of initial claim) with respect to these claims. The employer will receive its quarterly notification of charges against its account as provided by O.C.G.A. Section 34-8-157(d) and O.C.G.A. Section 34-8-159.(5) Permitted duration of claims. Six (6) consecutive weeks of total unemployment immediately following a week of full-time or part-time employment may be claimed by an employer. Following those six (6) consecutive weeks of total unemployment, an employer who requests permission and shows justifiable cause may, upon approval of the Commissioner, file employer filed partial unemployment claims for four (4) additional weeks of total unemployment, provided the employer provides a firm return to work date for such employees within the four (4) week time period.(6) Required notification to employee. The employer shall immediately advise the employee to report to the Department for the purpose of registering for work and reporting on his or her claim upon the earliest of:(a) The employer being unable to provide a firm return to work date;(b) The expiration of the approved time period for acceptance of employer filed partial unemployment claims passes; or(c) The employer ceases filing employer filed partial unemployment claims for any totally unemployed worker.(7) Filing requirements.(a) The Commissioner may require the filing of all employer filed partial unemployment claims electronically.(b) The employer shall complete an affidavit in such form as approved by the Commissioner with respect to the employer filed partial unemployment.(c) An employee may be required to complete an applicant profile, identity verification, and a weekly certification of eligibility to receive payment for a week of partial unemployment.(8) Limitations on employer filed partial claims. Employer filed partial unemployment claims shall not be submitted or allowed for:(a) Unemployment due to any cause other than lack of work;(b) Vacation days regardless of whether such vacation days were requested by the employee or established by the employer, except that such claims are permitted during an employer company shutdown or employer established vacation period when such shutdown or vacation period is due to circumstances outside the employer's control which directly affect the employer's business operations;(c) Regular breaks in seasonal employment, except that employer filed partial unemployment claims may be filed when unusual circumstances require a break in employment at a time of normal, non-seasonal work;(d) Any claim week: 1. Ending more than thirty (30) days in the past; or2. Ending within 5 years of the date the employer's account was newly registered with the department;(e) Any employee:1. Who has any other issue as to entitlement of unemployment benefits, in which case, the employee will be required to file their own individual claim for benefits;2. Who is engaged in Part-time Employment as defined in these rules (in other words, employer filed partial claims may only be filed for an employee engaged in Full-time Employment - an employee engaged in Part-time Employment must file their own individual claim for benefits); or3. For whom an employer has not reported wages to the Department on at least one prior tax and wage report; or(f) Any employer with delinquent quarterly tax and wage reports or delinquent taxes, reimbursements in lieu of contributions, assessments, penalties, or interest owed to the Department.(9) Waiver of limitations. In the discretion of the Commissioner, the limitations set forth in paragraph (8) may be waived. Waiver requests should be submitted in writing to UI Claims Administration.(10) Fraud and abuse. Any employer found by the Commissioner to have abused the purpose and intent of the employer filed partial claims program or found to have filed a fraudulent employer filed partial claim shall, in the discretion of the Commissioner or the Commissioner's designee, be restricted from filing employer filed partial claims and any employer filed partial claims previously filed by the employer may be cancelled. In addition to the criminal penalties provided in the Employment Security Law, the Department may require repayment by the employer of any amounts paid for fraudulent employer filed partial unemployment claims filed by the employer.Ga. Comp. R. & Regs. R. 300-2-4-.09
O.C.G.A. §§34-8-2-6(a)(4), 34-8-47, 34-8-70(b), 34-8-190.
Original Rule entitled "Partial Unemployment" adopted. F. Jun. 25, 1998; eff. Jul. 15, 1998.Amended: Title changed to "Partial Unemployment. Amended." F. Sept. 29, 2014; eff. Oct. 19, 2014.Amended: ER. 300-2-4-0.1-.09(1). F. Dec. 9, 2016; eff. Dec. 9, 2016, the date of adoption, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency.Amended: ER. 300-2-4-0.2-.09(1). F. Apr. 7, 2017; eff. Apr. 9, 2017, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency.Amended: ER. 300-2-4-0.3-.09(1). F. Aug. 7, 2017; eff. Aug. 7, 2017, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency.Amended: ER. 300-2-4-0.3-.09(1) repealed. Permanent Rule adopted. F. Sept. 1, 2017; eff. Sept. 1, 2017, as specified by the Agency.Amended: ER. 300-2-4-0.5-.09(1). F. Mar. 16, 2020; eff. Mar. 16, 2020, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency.Repealed: ER. 300-2-4-0.5-.09(1). F. Mar. 19, 2020; eff. Mar. 19, 2020, as specified by the Agency.Amended: ER. 300-2-4-0.8-.09(1). F. Mar. 19, 2020; eff. Mar. 19, 2020, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency.Amended: ER. 300-2-4-0.13-.09(1). F. July 17, 2020; eff. July 19, 2020, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency.Amended: ER. 300-2-4-0.16-.09(1). F. Nov. 17, 2020; eff. Nov. 17, 2020, to remain in effect for a period of 120 days or until the adoption of a permanent Rule covering the same subject matter superseding this ER, as specified by the Agency.Amended: F. Feb. 9, 2021; eff. Mar. 1, 2021.Amended: F. Mar. 23, 2021; eff. Apr. 12, 2021.Amended: New title, "Partial Unemployment." F. June 1, 2023; eff. June 1, 2023, as specified by the Agency.Amended: New title, "Employer Filed Partial Unemployment Claims." F. Mar. 20, 2024; eff. Mar. 31, 2024, as specified by the Agency.