1. Regular State Unemployment Insurance (U.I. Intrastate)

This program provides benefit payments to eligible Delaware workers who are unemployed through no fault of their own and file a claim in this State.

2. Unemployment Insurance for Non-Resident Workers (Interstate System)

This program makes it possible for a worker who lives in one state but works in another to collect unemployment insurance benefits, should he/she become unemployed.

3. Unemployment Insurance for Federal Workers (UCFE)

Federal workers are covered by a special program which provides benefits based on wages paid as a civilian employee of the Federal Government. To be eligible, UCFE claimants must meet the same requirements as regular U.I. claimants.

4. Unemployment Insurance for Ex-Servicepersons (UCX)

UCX is paid on the basis of remuneration for military service. The State operates this program under an agreement with the Federal government.

5. Extended Unemployment Insurance Benefits (EB)

The payment of benefits may be extended past the maximum of 26 weeks if the State rate of insured unemployment exceeds specified levels.

1. How does an Individual File for Unemployment Insurance?

As soon as an individual becomes unemployed, he/she should report to the nearest Unemployment Insurance Local Office in the state in which he/she resides. The locations of Delaware's local offices are listed in the back of this handbook.

2. Who is Entitled to Receive Unemployment Insurance? 

The receipt of U.I. benefits is an earned right, and each claim for benefits is contingent upon the individual meeting the requirements of the Unemployment Compensation Law (Title 19, Delaware Code).

3. What are the Eligibility Requirements?

To be eligible for U.I. benefits, four basic eligibility requirements must be met:

1. A person must be unemployed through no fault of his own.

2. An individual must be able to work, available for work, and actively seeking work.

3. An individual may be required to register for work with the Division of Employment and Training.

4. A person must have been paid at least 36 times his weekly benefit amount by a liable employer in the base period.

4. For What Reasons May a Person be Disqualified from Benefits?

1. Quitting a job voluntarily without good cause connected with the work.

2. Being discharged from work for just cause.

3. Refusing an offer of suitable work for which the claimant is reasonably fitted.

4. Refusing a referral to a suitable job opportunity offered by the Employment Service, except in cases where:

1. The referral would prevent the claimant from completing a vocational training course approved by the Department of Labor.

2. The claimant would be required to join a company union or refrain from joining a bona fide labor organization or withdraw from a union.

3. The position is vacant because of a strike or other labor dispute.

4. The work is at an unreasonable distance from the claimant's residence.

5. The pay, hours, or other conditions of work are substantially less favorable than those prevailing for similar work in the locality.

5. If unemployment is due to a stoppage of work because of a labor dispute, except for a "lockout".

6. If the claimant is receiving or seeking unemployment benefits from another state or from the federal government.

7. If a false statement has been deliberately made to obtain unlawful benefits, an individual may be denied benefits for one year from the date on which the statement was made.

8. If unemployment is due to commitment upon conviction and sentencing to any penal institution.

9. Benefits are not paid to aliens, unless they were lawfully admitted for permanent residence at the time the services were performed.

5. Special Exclusions

The following are not entitled to benefits:

1. Persons engaged in an instructional, research or principal administrative capacity in an educational institution for the period between two successive academic years or during a similar period between two regular terms whether or not successive or during a period of sabbatical leave, if the individual has a contract or a reasonable assurance to perform services for both academic years or both terms.

2. Non-professional employees of educational institutions between academic terms. If not rehired after such period, and if otherwise eligible, these individuals would be entitled to retroactive unemployment insurance benefits if they met all other reporting requirements.

3. Persons engaged in seasonal employment in the first processing of agricultural and/or seafood products unless the period of unemployment occurs during a month during which the person normally is engaged in "seasonal employment".

Base Period - The first four of the last five completed calendar quarters prior to the claim.

Benefit Year - The 52 week period beginning with the week in which the claimant files a valid claim.

Partial Benefits - A claimant whose hours of work are reduced may be eligible to receive partial benefits.

Weekly Benefit Amount (WBA) - When the balance in the Unemployment Insurance Trust Fund is equal to or greater than $90.0 million, an individual's weekly benefit amount will be determined by taking 1/46 of his/her total covered wages paid during the two quarters of the individual's base period in which such wages were highest. When the Trust Fund balance is less than $90.0 million, an individual's weekly benefit amount will be 1/52 of his/her total wages paid during the two quarters of the individual's base period in which such wages were highest. 

Maximum Benefit Amount (MBA) - Eligible individuals during any benefit year are entitled to regular benefits equal to 26 times the computed WBA or 50% of base period wages, whichever is less.

Reduction of Benefits by Private Pension Plan - An otherwise eligible individual receiving a retirement pension or annuity from a base period employer will be paid a WBA less a dollar for dollar deduction for that employer-financed portion of such pension, annuity or periodic payment which is based on that individual's previous work.

Back Pay Awards - A claimant is not entitled both to pay for a given period of employment and to unemployment insurance benefits for the same period of time. Cases arise where disagreement exists between the employer and the claimant as to entitlement to pay for certain periods of time. While such a dispute is pending, the claimant may obtain unemployment benefits. If retroactive wage payments are subsequently received covering the period for which the claim for benefits was allowed, then to the extent that payments were received, the claimant is retroactively determined not to have been entitled to these benefits and such benefits are subject to recovery. An employer affected by this provision should promptly notify the U.I. Division so that a redetermination can be made and the charges previously issued against the employer may be cancelled.

Any employer who makes a deduction from a back wage award to a claimant because of that claimant's receipt of unemployment benefits, for which said claimant has become ineligible by reason of the receipt of such award, shall be liable to reimburse the Unemployment Insurance Trust Fund an amount equal to the amount of such deduction.