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In response to a
directive from President Biden, the U.S. Department of Labor (“DOL”) has issued
guidance to state unemployment insurance agencies that expands the number of
instances in which workers can be eligible for Pandemic Unemployment Assistance
(“PUA”). PUA is a federally funded unemployment expansion that was adopted
under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to
provide unemployment benefits for certain individuals not otherwise entitled to
state benefits and unemployed for COVID-19-related reasons. The new DOL guidance reflects the Biden
administration’s pledge to “ensure that unemployed Americans no longer have to
choose between paying their bills and keeping themselves and their families
safe from COVID-19.”
The DOL guidance
expands unemployment benefits to three categories of workers:
The revised PUA eligibility guidelines apply retroactively, meaning that individuals can receive retroactive payments dating back to the beginning of the PUA program in March 2020. However, individuals filing their first initial PUA claim after Dec. 27, 2020, are limited to weeks of unemployment beginning on or after Dec. 6, 2020. Individuals must self-certify that they are unemployed, or unable or unavailable to work because of identified coronavirus-related reasons during the applicable time period. This new change means more Americans are now eligible for federal unemployment benefits.