unemplogo.jpg (50480 bytes) The Division of Unemployment Insurance serves workers who are unemployed through no fault of their own by providing temporary income maintenance during their period of unemployment and making referrals to re-employment services.

The Division also serves employers by ensuring that only those unemployed individuals meeting all eligibility criteria receive UI benefits, thereby protecting future increases in employer tax rates and the solvency of Delaware’s UI Trust Fund.

Table of Contents

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Regulation 21 Regulation for Payments to Interstate Claimants

Regulation 22 Administrative Hearings on Contribution Rates

Regulation 23 Obligations of Contractors

Regulation 24 (Rescinded)

Regulation 25 Transfers of Experience

Regulation 26 (Rescinded)

Regulation 27 Temporary Mass Layoff

Regulation 28 Week Defined

Regulation 29 Increased Taxable Wage Base

Regulation 30 (Rescinded)

Regulation 31 Procedures When Unemployment is due to a Lack of Work

Regulation 21

(1) The following regulation shall govern the Delaware Unemployment Compensation Commission in its administrative cooperation with other States adopting a similar regulation for the payment of benefits to interstate claimants.

(2) Definitions.

As used In this regulation, unless the context clearly requires otherwise:

(a) "Interstate Benefit Payment Plan" means the plan approved by the Interstate Conference of Employment Security Agencies under which benefits shall be payable to unemployed Individuals absent from the State (or States) in which benefit credits have been accumulated.

(b) "Interstate claimant" means an individual who claims benefits under the unemployment insurance law of one or more liable States through the facilities of an agent State. The term "interstate claimant" shall not include any individual who customarily commutes from a residence in an agent State to work in a liable State unless the Delaware Unemployment Compensation Commission finds that this exclusion would create undue hardship on such claimants in specified areas.

(c) "State"' Includes Alaska, Hawaii, and the District of Columbia.

(d) "Agent State" means any State in which an individual files a claim for benefits from another State.

(e) "Liable State" means any State against which an individual files, through another State, a claim for benefits.

(f) "Benefits" means the compensation payable to an individual, with respect to his unemployment, under the unemployment insurance of any State.

(g) "Week of unemployment" includes any week of unemployment as defined In the law of the liable State from which benefits with respect to such week are claimed.

(3) Registration for Work

(a) Each interstate claimant shall be registered for work, through any public employment office in the agent State when and as required by the law, regulations, and procedures of the agent State. Such registration shall be accepted as meeting the registration requirements of the liable State.

(b) Each agent State shall duly report, to the liable State in question, whether each Interstate claimant meets the registration requirements of the agent State.

(4) Benefit Rights of Interstate Claimants.

(a) If a claimant files a claim against any State, and it is determined by such State that the claimant has available benefit credits in such State, then claims shall be filed only against such State as long as benefit credits are available in that State. Thereafter, the claimant may file claims against any other State in which there are available benefit credits. For the purposes of this regulation, benefit credits shall be deemed to be unavailable whenever benefits have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable, or whenever benefits are affected by the application of a seasonal restriction.

(b) The benefit rights of interstate claimants established by this regulation shall apply only with respect to new claims (notices of unemployment) filed on or after July 5, 1953.

(5) Claim for Benefits.

(a) Claims for benefits or waiting-period shall be filed by interstate claimants on uniform interstate claim forms and in accordance with uniform procedures developed pursuant to the Interstate Benefit Payment Plan. Claims shall be filed in accordance with the type of week in use in the agent State. Any adjustments required to fit the type of week used by the liable State shall be made by the liable State on the basis of consecutive claims filed.

(b) Claims shall be filed In accordance with agent State regulations for intrastate claims in local employment offices, or at an itinerant point, or by mail.

(I) With respect to claims for weeks of unemployment in which an individual was not working for his regular employer, the liable State shall, under circumstances which it considers good cause, accept a continued claim filed up to 1 week, or one reporting period, late. If a claimant files more than one reporting period late, an initial claim must be used to begin a claim series and no continued claim for a past period shall be accepted.

(ii) With respect to weeks of unemployment during which an individual is attached to his regular employer, the liable State shall accept any claim which Is filed within the time limit applicable to such claim under the law of the agent State.

(6) Determinations of Claims.

(a) The agent State shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable State in question such facts relating to the claimant's availability for work and eligibility for benefits as are readily determinable in and by the agent State.

(b) The agent State's responsibility and authority in connection with the determination of interstate claims shall be limited to investigation and reporting of relevant facts. The agent State shall not refuse to take an interstate claim.

(7) Appellate Procedure.

(a) The agent State shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims.

(b) With respect to the time limits imposed by the law of a liable State upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to the liable State on the date when it is received by any qualified officer of the agent State.

(8) Extension of interstate benefit payments to include claims taken in and for Canada.

This regulation shall apply in all its provisions to claims taken in and for Canada.

Regulation 22

ADMINISTRATIVE HEARINGS UPON APPLICATION FOR REVIEW AND REDETERMINATION OF RATE OF CONTRIBUTION§3354, Title 19, Delaware Code of 1953, provides:

(a) The Commission shall promptly notify each employer of his rate of contributions as determined for any calendar year pursuant to this subchapter.

(b) Such determination shall become conclusive and binding upon the employer unless, within 15 days after the mailing of notice thereof to his last known address or in the absence of mailing, within 15 days after the delivery of such notice, the employer files an application for review and redetermination, setting forth his reasons therefor. If the Commission grants such review, the employer shall be promptly notified thereof and shall be granted an opportunity for a fair hearing, but no employer shall have standing, in any proceeding involving his rate of contributions or contribution liability, to contest the charge-ability, to his account of any benefits paid in accordance with a determination, redetermination or decision pursuant to sections §3317-§3325 of this title except upon the ground that the services on the basis of which such benefits were found to be chargeable did not constitute services performed In employment for him and only in the event that he was not a party to such determination, redetermination or decision or to any other proceedings under this chapter in which the character of such services was determined.

(e) The employer shall be promptly notified of the Commission's denial of his application, or of the Commission's redetermination, both of which shall become final unless within 15 days after the mailing of notice thereof to his last known address or in the absence of mailing, within 15 days after the delivery of such notice, a petition for judicial review is filed in the Superior Court of the county in which the employer's place of business is located. In any proceeding under this section the findings of the commission as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the Court shall be confined to questions of law. No additional evidence shall be received by the Court but the Court may order additional evidence to be taken before the Commission and the Commission may, after hearing such additional evidence, modify its determination, and files such modified determination, together with a transcript of the additional record, with the Court. Such proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under sections 3317-3325 of this title and the Workman's Compensation Law, Chapter 23 of this title.

(d) An appeal may be taken from the decision of the Superior Court to the Supreme Court of this State in the same manner but not inconsistent with the provisions of this chapter, as is provided in civil cases.

Accordingly:

(1) Presentation of application for review and redetermination

(a) An employer applying for review and redetermination of his rate of contribution shall file with the Commission, at the central office or at any local office thereof, an application setting forth:

(I) name and address and official position of person filing the application;

(II) name and address and Identification number of employer;

(III) brief statement of questions involved and reasons for the application for review and redetermination of rate of contribution.

(b) An employer who has applied for a review and redetermination of his rate of contribution may withdraw such application by filing with the Commission or its special deputy a written notice of withdrawal

(c) The Commission or Its special deputy may either grant or deny any application for review and redetermination of an employer's rate of contribution. Copy of the decision of the Commission or its special deputy on any such application shall be mailed to such employer at his last known address within 7 days of the filing of the application.

(d) If the application for review is granted, the Commission or its special deputy shall proceed to schedule a hearing, and shall mail a notice to the employer at his last known address at least seven days before the hearing, specifying the time and place of the hearing. If the employer or his representative fails to appear at the hearing, the rate of contributions as originally reported will become final unless such employer within 10 days appears and shows good cause for his former non-appearance, in which latter event the Commission or its special deputy shall re-schedule the hearing.

(e) Orders for supplying information from the agency to an employer or his representative, to the extent necessary for the proper presentation of his case, shall be issued only upon application therefor. All applications for information from the records of the Commission shall state, as nearly as possible, the nature of the information desired.

(f) Subpoenas to compel the attendance of witnesses and the production of records for any hearing on rate of contribution, unless directed to issue by a member of the Commission or its special deputy, upon his own motion, shall be issued by the Commission or its special deputy only upon a showing of a necessity therefor by the employer or its representative.

(2) Hearing in rate of contribution cases:

(a) Hearings shall be held at the central office of the Delaware Unemployment Compensation Commission, unless in its discretion the Commission or its special deputy may determine upon another place within the State.

(b) The Commission, or a special deputy designated in each case shall preside over the hearing.

(c)

(I) Any individual may appear for himself in any proceeding before the Commission or its special deputy. Any partnership may be represented by any of its members.

(II) Any individual may appear by an attorney-at-law admitted to practice before the highest court of this State, or the highest court of any State or Territory of the United States, or by any other person who is qualified to represent others.

(III) The Commission, or its special deputy, in their discretion, may refuse to allow any person to represent others in any proceeding before it who they find is guilty of unethical conduct, or who intentionally and repeatedly falls to observe the provisions of the Part III, Title 19, Delaware Code of 1953, or the regulations and instructions of the State agency.

(d) All hearings shall be conducted informally and in such manner as to bring out the facts relevant to the determination of the application. All testimony at the hearing shall be by oath or affirmation and shall be recorded but need not be transcribed unless a petition is filed for judicial review, except that the Commission or its special deputy during the conduct of any hearing, may indicate the portions of the evidence that he wishes transcribed to aid him in preparing his findings of fact and decision. The employer may make a written submission of the facts involved and shall be permitted a reasonable opportunity to present oral argument, supplemented by written briefs, upon the questions of law involved. The Commission or Its special deputy may decide the question on the basis of such stipulation and arguments, or may, in his discretion, set the question for hearing and take such further evidence as he deems necessary.

(3) Adjournment of hearing.

The Commission or its special deputy shall use his best judgment as to when adjournment of a hearing shall be granted in order to secure all the evidence that is necessary.

(4) Determination on rate of contribution.

(a) Within 10 days after the conclusion of the hearing the Commission or its special deputy shall announce his findings of fact and determination. The findings of fact and determination shall be in writing and shall be signed by the Commission or the special deputy who presided at the hearing.

(b) A copy of the determination shall be mailed to the employer at his last known address.

 

Regulation 23

OBLIGATIONS OF CONTRACTORS

(1) Any employing unit in the building trades field, including employers not subject to Part III, Title 19, Delaware Code of 1953, who pays wages to persons employed in "employment" as defined in such law. but who claims he is not liable for contributions on wages paid for work with respect to which he has agreed to contract with any other person or persons pursuant to an agreement under which he operates, shall submit a copy of such agreement and shall certify to the Delaware Unemployment Compensation Commission on forms furnished for this purpose by the Commission the name and address of each such person with whom he agreed to contract for such work and other information requested on such forms. Such copy and such certification shall be filed between the first and tenth of the month following the calendar quarter during which the person claiming not to be liable for contributions agreed for the first time to contract for such work under such agreement.

(2) Between the first and tenth of the month following each calendar quarter, after a certification was filed in accordance with paragraph 1 of this regulation, each person who has complied with the provisions of paragraph 1 of this regulation, and provided it has been determined by the Commission that he Is not liable for contributions on wages paid to employees for work performed pursuant to agreements submitted by him shall inform the Commission of any changes which occurred during such calendar quarter with respect to the persons with whom he agreed to contract for such work, giving their names and addresses.

(3) Special reports on forms furnished for this purpose by the Commission and quarterly payroll reports as otherwise required from employers subject to the law shall be submitted by each such employing unit who has been held not to be liable for contributions on wages paid to employees. Such special reports and quarterly payroll reports shall be filed in compliance with instructions printed thereon on the dates prescribed for the filing of reports.

(4) The requirements of paragraphs 1 and 2 of this regulation shall be deemed satisfied if a central or representative agency of the industry in which the person required to submit a copy of the agreement is engaged, duly authorized by the parties to such agreement to do so, shall file with the Commission within the specified period such copy and certified lists, indicating with respect to each person who claims or who has been held who has been held not to be liable for contributions on wages paid for work performed pursuant to such agreement, the names and addresses of the person or persons with whom contracts pursuant to such agreement have been entered into and certified lists covering any changes in the identity of such persons.

Regulation 24 (Rescinded)

Regulation 25

Transfers of Experience

Section 3353(d), Title 19, Delaware Code regarding Transfer of Experience from Predecessor to Successor Employer provides that "The Department shall by regulation prescribe the evidence required to prove that a successor employer may be entitled to the experience of a predecessor employer under this section."

Accordingly, the Department prescribes:

(1) Subject to the provisions of section (3) of this regulation, a successor employer may request the Department to recognize a transfer of experience by filing a completed Form UC-411 with the Department.

(2) A transfer of experience will not be recognized unless the successor employer has acquired the organization, trade or business, or substantially all the assets thereof of a predecessor employer which, at the time of such acquisition, was an employer liable under the provisions of Title 19, Delaware Code.

(3) A transfer of experience will be recognized and applied automatically if all quarterly reports of the predecessor employer or employers have not been duly filed and approved and all assessments, interest and penalties due thereon have not been fully paid.

(4) Except as provided in section (3) of this regulation, a transfer of experience will not be recognized unless the payroll records of the predecessor employer or employers remain available to the successor employer to the extent necessary for such successor employer to be able to comply with requests from the Department for information as to date of separation and reason for separation during the base period of a claimant filing for benefits.

(5) Upon a transfer of experience, any predecessor employer will thereafter, for all purposes, lose the benefit of his experience.

(6) From the date of such transfer, and for the remainder of the then current calendar year:

(a) The successor employer, if previously subject to this Title, shall retain his own assessment rate upon acquiring the experience of one or more employers when the successor and predecessors have identical assessment rates.

(b) The successor employer, if not previously subject to this Title, upon acquiring the experience of one or more employers, shall assume the current assessment rate of the predecessor employer if the transfer is made from one employer or from more than one employer with identical assessment rates.

(c) The successor employer, whether or not previously subject to this Title, upon acquiring the experience of one or more predecessor employers whose assessment rates are not identical to that of the successor employer shall have an employer benefit wage ratio established based upon the combination of the experience of the successor and predecessor employers for the three calendar years immediately preceding the date of transfer. This employer benefit wage ratio shall be used to determine the successor employer's new assessment rate. However, a reduced rate will be granted only if the requirements of §3349(d) of this Title are met.

(7) The successor employer's assessment rate for succeeding calendar years shall be determined by combining the experience of the predecessor and successor employers and calculating the employer benefit wage ratio based upon such combined experience. However, a reduced rate will be granted only if the requirements of §3349(d) of this Title are met.

(8) The Department may rescind any transfer of experience upon its own motion or upon written application of a successor employer to the Director, Division of Unemployment Insurance. However, no transfer of experience shall be rescinded unless the party seeking the decision shows good cause for such recision to the satisfaction of the Director, Division of Unemployment Insurance. If a recision sought upon application of a successor employer is granted, such recision shall have prospective effect only.

Regulation 26 (Also see Regulation 37)

CREDIT FOR RE-EMPLOYMENT

(1) General Eligibility.

(a) Benefit wage credit for re-employment of a claimant, as provided in §3350(7), Title 19, Delaware Code of 1953, shall be allowed only if the employer making such claim is an employer for whom benefit wage charges were made as a consequence of such claimant's receipt of benefits.

(b) The employer must file an application for rehiring credit in the manner and within the time specified In Section 3 hereof.

(2) Restrictions of Claims for Rehiring Credit.

(a) No employer's claim relating to a worker's claim for benefit's shall be allowed if, during the claimant's benefit year, there shall have been a period or periods of time aggregating 30 days or longer, during which the claimant was not:

(I) receiving benefits, or

(II) employed by such employer.

(b) No employer's claim relating to a worker's claim for total benefits shall be allowed if, during a claimant's benefit year, such claimant shall have drawn benefits during each of more than two separate periods.

(c) No employer's claim relating to a worker's claim for benefits shall be allowed if during a claimant's benefit year, such claimant shall have been paid wages from a source other than his regular employer aggregating more than twenty per cent (20%) of his base period wages from such employer.

(d) An employer's claim shall be allowed, if it in all other ways meets the requirements of this regulation. even though the claimant has left his employer after having been a partial benefit claimant, if such separation occurs more than 30 days after he has been returned to full-time employment, and if he does not again become a benefit claimant during the benefit year.

(e) Where a claimant is still employed by a part-time employer iii employment that has been in addition to his regular base-period employment, the employer will be entitled to a 75% credit if It is demonstrated to the satisfaction of the Commission that the claimant is receiving from such part-time employer substantially the same amount of employment as he received in his base-period. However, if there has been any appreciable diminution of employment, no claim will be allowed.

(3) Application for Re-employment Credit.

(a) An application for re-employment credit shall be made by filing with the Commission Form UC-400B, with respect to each employee who is re-employed.

(b) Such claim shall be filed after the ending date of the claimant's benefit year and within 30 days of that date.

(4) Credit Allowable.

Credit for re-employment shall be determined In accordance with the following schedule:

75% credit if worker is rehired before drawing 25% of his benefits.

50% credit if worker is rehired before drawing 50% of his benefits.

25% credit if worker is rehired before drawing 75% of his benefits.

 

Regulation 27

REGISTRATION AND CLAIMS OF CERTAIN WORKERS WHO BECOME TOTALLY UNEMPLOYED BECAUSE OF A MASS LAYOFF DUE TO A TEMPORARY CESSATION OF WORK

The Employment Security Commission is authorized to defer registrations for work and to modify the requirement of in-person reporting to claim benefits, for a week of unemployment for those individuals unemployed because of a temporary mass layoff as provided in this regulation.

1. A mass temporary layoff is defined as a temporary layoff by an employer because of lack of work of 100 or more of his workers at or about the same time for a period not exceeding 45 consecutive calendar days following the last day of work or 63 consecutive calendar days following the last day of work for 100 or more workers temporarily laid off for a model change or retooling.

2. As soon as possible but not later than seven (7) days prior to the last day of work of 100 or more workers, the employer shall notify the Commission of the last day of work, the reason for the layoff, the schedule date of their return to work and when practical, the names and Social Security numbers of the workers included in the layoff. If the Commission determines that the layoff meets the requirements of a mass temporary layoff as defined in this regulation, the workers shall file claims for benefits as hereinafter provided.

3. The employer shall post instructions furnished by the Commission in conspicuous areas readily accessible to the workers concerning the proper procedure for filing claims during the layoff period.

The employer shall prepare and give each worker unemployed because of the mass temporary layoff on his last day of work, Form UC-101-T, "Notice of Temporary Total Unemployment and a Claimant's Address Card" to be furnished by the Commission. However, neither of these forms shall be issued for any individual off from work because of illness, disability, or scheduled vacation with pay on the day the temporary layoff begins. These individuals shall be issued the required forms by the employer upon the termination of the period of illness, disability, or scheduled paid vacation.

4. A claimant's week of unemployment for the purpose of this regulation shall be the seven-day consecutive calendar day period used by the employer as his payroll week.

5. Registration for work by an individual unemployed because of a mass temporary layoff shall be deferred.

6. An original or additional claim will be effective on the first day of the employer's payroll week in which the last day of work occurred if the employer issued Form UC-101-T, "Notice of Temporary Total Unemployment" on the last day of work and the form is filed by the claimant within seven days thereafter. If the employer does not issue the form on the last day of work but the claimant files within seven (7) days thereafter, his original or additional claim will be effective on the first day of employer's payroll week in which his last day of work occurred. Where a claimant is issued the form on his last day of work but fails to file within seven (7) days thereafter, his original or additional claim will be effective on the first day of the employer's payroll week in which he actually files the form. As used herein the word "file" or "filed" shall mean the date on which Form UC-101-T, "Notice of temporary Total Unemployment" and address card is delivered in person to the local office.

7. A booklet of continued mail claim forms will be given to all claimants when the initial claim is filed, or as soon thereafter as is possible. The continued mail claim forms shall be filed by the claimant not later than eight (8) days after the end of the week of unemployment for which benefits are claimed. All benefit checks for claims filed under this regulation during the mass layoff period shall be mailed from the local office.

8. An individual may not claim benefits under this regulation for more weeks than covered by the provisions of paragraph 1, or the expected date of recall, whichever comes first. If he wishes to claim benefits for any period subsequent to the calendar day limitations of this regulation during the same period of unemployment, he must within such week report in person at the local office nearest his home address during its regular scheduled hours, complete a work registration, and pursue his claim in accordance with the provisions of Regulation 9.

9. Any individual while claiming benefits under this regulation shall report in person to the local office to file his initial claim for ,benefits. Thereafter he shall report in person at such intervals not exceeding four (4) weeks as directed by the Commission. However, any individual who is requested by the Commission to appear in person at times other than those specified above, who fails to do so, without good cause, within ten (10) days from the date of such written notice, shall not be eligible for benefits for the week in which the matter requiring his presence arose, and until he actually appears in person in response to the notice.

10. Any worker who is entitled to receive Form UC-101-T, "Notice of Temporary Total Unemployment" as provided in paragraph 3, but who is not issued such form, may file a claim in person at a local office within 28 days from the date the form should have been issued to him. Such original or additional claim shall be effective as of the first day of the payroll week in which the claim would have been effective had the employer issued the notice as provided in response to the notice.

 

Regulation 28

1. For the purposes of the claiming and payment of unemployment insurance benefits, "week,," means:

(a) Calendar week (beginning 12:01 a.m. Sunday morning); or

(b) Any seven (7) consecutive day period with respect to which no wages are payable to an individual and during which he performs no services, which occurs within two (2) calendar weeks in each of which he earns wages equal to or in excess of his weekly benefit amount plus his partial earning allowance.

Claims filed under this provision may be filed within twenty-eight (28) days following the close of the second of the calendar weeks in question; or

(c) The Department may authorize the employer's payroll week for the payment of partial claims and temporary mass layoff claims.

2. Calendar week shall be used for the filing of claims and the payment of benefits under 1(a) above for all claims filed on or after July 1, 1972, except for those claims in current compensable status which will continue on a flexible week basis for the duration of their current spell of unemployment.

3. Except in cases where claims are filed under 1(b) or 1(c) above, the claim series will begin with the first day of the calendar week in which an unemployed individual reports and registers and files his initial or reopened claim at a local employment office of the Department.

4. Whenever the benefit week overlaps two benefit years, such week shall, for the purpose of benefit payment with respect to such week, be deemed to be paid in the preceding benefit year; provided, that when the last day of the preceding benefit year falls within a benefit week with respect to which an individual has met the eligibility requirements of the Act, the ending date of the benefit year may be extended for a period not to exceed six (6) days; provided, however, that such inclusion of the week within the preceding benefit year shall not change the claim week pattern as established during the current period of unemployment in the first of such two benefit years.

(a) The effective date of claim for succeeding transitional claims shall be the Sunday date immediately following the benefit year ending date on the preceding benefit year; provided, the benefit week was extended under 4 above to include the Saturday date immediately prior to such Sunday date. However, if the benefit year was not extended, or if extended did not include the Saturday date prior to such Sunday date, the effective date of the succeeding benefit year will be the first day immediately following the date of the last benefit week in the prior benefit year.

(b) If the claimant is not eligible monetarily for a transitional claim, and if the last day of his benefit year falls within a benefit week with respect to which he has met the eligibility requirements of the Act, the ending date of his benefit year may be extended for a period not to exceed six (6) days for purpose of paying the last benefit week.

6. Wherein parts of this Regulation are in conflict with prior Regulations, this Regulation will hold.

Regulation 29

TAXABLE WAGE BASE

Section 3345(d)(2), Title 19, Delaware Code Provides That:

"The amount of any increase (taxable wage base) shall be in an amount determined by the Secretary of Labor equivalent to the estimated savings affected by such federal relief (FUTA penalty)."

Accordingly:

For calendar year 1982, wages shall include that part of remuneration equal to $6,600.00 which has been paid to an individual by an employer or his predecessor with respect to employment during calendar year 1982.

For calendar year 1983, wages shall include that part of remuneration equal to $7,200.00 which has been paid to an individual by an employer or his predecessor with respect to employment during calendar year 1983.

Regulation 30 Waiver of Benefits (Rescinded October 11, 1985)

Regulation 31

PROCEDURES WHEN UNEMPLOYMENT IS DUE TO A LAYOFF ATTRIBUTABLE TO LACK OF WORK

When an individual files a claim for benefits due to a layoff attributable to lack of work, and is otherwise qualified and eligible for benefits pursuant to the provisions of Chapter 33 of Title 19 of the Delaware Code, the following procedures shall be implemented:

1. The Department shall forward Form UC-119, separation notice, to all base period employers and Form UC-119C, separation notice, to the last employer to obtain the individual claimant's reason for separation and last date of work.

2. Each employer receiving the Forms contained in paragraph 1 shall provide the requested information within seven (7) business days of the receipt of notice from the Department and shall return the completed form to the Department.

Any employer who fails to return such completed request within the period prescribed, shall be barred from claiming subsequently that the worker to whom such notice applied shall be disqualified under any of the provisions of §3315, Title 19, Delaware Code, and shall be barred from relief from benefit wage charges under §3349 - §3356, Title 19, Delaware Code, unless the Department for reasons found to constitute good cause, shall release such employer for the default.

3. Upon receipt of the completed form by the Department from the employer, if said employer does not dispute claimant's statement as to reason for unemployment, benefits shall be paid and the employer shall be subject to charges to his experience rated account.

4. If the employer by whom the claimant was employed most recently disputes an individuals claim for benefits stating that unemployment is due to reasons other than for layoff attributable to lack of work, the claim shall be referred to a claims deputy who will examine the claim and on the basis of the facts found by him shall determine the individuals eligibility for benefits and issue a non-monetary determination. The deputy shall promptly notify the claimant and the employer by whom the claimant was employed most recently of the decision and the reasons therefor. The deputy may for good cause reconsider his decision and shall promptly notify the claimant and the employer by whom the claimant was employed most recently of the denial of such application or of his amended decision and the reasons therefor, as the case may be. Notice of determination and right of appeal by either the claimant or the employer by whom the claimant was employed most recently shall be as provided according to the provisions of 19 Delaware Code §3318(b).

For purposes of this regulation, where the claimant and the employer agree that the reason for unemployment is due to lack of work attributable to a layoff, the Department shall not be required to make an examination or determination of a claim for benefits or to follow the procedures for said examination or determination of a claim for benefits as set forth in 19 Delaware Code §3318 except as provided in paragraph 4 of this regulation.