Reduced-Work-Week Unemployment Insurance in Delaware
In Delaware, the Division of Unemployment Insurance within the Delaware Department of Labor is responsible for administering the unemployment insurance benefits pursuant to Title 19 of the Delaware Code. The Delaware Unemployment Compensation Law establishes the rights that applicants have when filing a claim for benefits. In addition to providing benefits for totally unemployed claimants, the Delaware Unemployment Compensation Law provides benefits for partially employed claimants who work reduced hours during workweeks.
Other People Are Reading
-
Overview
-
In Delaware, eligible claimants can receive weekly unemployment insurance benefits for up to 26 weeks, with weekly benefits of at least $20 and up to $330, as of 2011. Eligible claimants must register for work with the Delaware Department of Labor, remain available for work and accept suitable work offers. When applicants file their initial applications for unemployment insurance, the Division of Unemployment Insurance conducts a monetary eligibility review to determine whether they earned sufficient wages during their period of covered employment to qualify.
Reduced Benefit Rules
-
The Division of Unemployment Insurance specifically states that claimants with reduced hours of regular employment are eligible for partial benefits. Furthermore, seasonal employees are eligible for partial benefits based on earnings during their seasonal employment history, and only during their regular months of seasonal employment.
Partial-benefit claimants must not limit their job search to seasonal employment, or place undue restrictions on the types of jobs or the amount of pay they will accept. Furthermore, they may not place unreasonable restrictions on their availability and the hours they can work. What constitutes an undue or unreasonable restriction is determined by a case-by-case or fact-sensitive review.
-
Undue Restrictions
-
Partially employed workers with reduced hours during their regular workweeks may qualify for partial unemployment benefits if their reduced earnings do not equal or exceed their weekly allowable unemployment benefits. Furthermore, claimants with reduced work hours must not be at fault for their reduced work hours and must be available and willing to work full time. In other words, a claimant must prove that but for a lack of an employer's available work and available budget, she could have worked full time. Eligible partially employed claimants must also register for work and look for other full-time employment.
Limitations
-
Eligible claimants with reduced work schedules must not earn more than their weekly benefit allowances. The Division of Unemployment Insurance calculates a claimant's weekly benefit allowance by using his last four of five calendar quarters of completed employment before he filed for benefits. The division takes his two highest quarters of wages and divides them by 46. The result is his weekly benefit allowance. If his partial wages equal or exceed his weekly benefit allowance, he will not be able to receive a check for that week.
-
