A. Mass Layoff Number: If you are out of work due to COVID-19, you should use Mass Layoff Number #2000180 when applying for benefits. Instructions on how to use the Mass Layoff Number can be found here and an ODJFS application guide can be found here.

B. Viewing Correspondence and Determinations:  Ohio's online unemployment system continues to have problems due to the high number of new claims. People are receiving notices they they are not able to open until about seven days later. Some of these notices, such as Notices of Required Action, expire before they can ever be opened.

Determination Letters will not expire and provide for 21 days to appeal. Determinations explain whether a person is approved or denied and give reasons why. It is frustrating to see that a Determination was issued denying benefits and to be unable to open the Determination Letter to see why; however, it is best to wait until the Determination Letter can be viewed before appealing so the full reasons for the Determination can be evaluated and responded to. Deadlines should never be missed, but there should be ample opportunity to appeal after the Determination Letter can be viewed. Ohio has provided this FAQ that discusses this an other COVID-19 unemployment issues.

C. Ohio Executive Order Expanding Unemployment Benefits: The Ohio Governor issued an executive order making it easier for people affected by coronavirus to obtain unemployment benefits and there may be further changes to come. Updates regarding these changes can be found here: http://jfs.ohio.gov/ouio/CoronavirusAndUI.stm Here is what the Executive Order says for claimants:

• Unemployed workers will include individuals requested by a medical professional, local health authority, or employer to be isolated or quarantined as a consequence of COVID-19 even if not actually diagnosed with COVID-19; and
• Individuals totally or partially unemployed, or who are participating in the SharedWork Ohio Program will not be required to serve a waiting period before receiving unemployment insurance or SharedWork benefits; and
• Waiver of work search requirements shall include those individuals requested by a medical professional, local health authority or employer to be isolated or quarantined as a consequence of COVID-19 even if not actually diagnosed with COV-19

D. Should you apply through the regular unemployment system or the PUA system?: This can be one of the most confusing questions. The PUA system is primarily for those people who did not meet the monetary requirements for regular unemployment (e.g., self employed, independent contractors, part-time workers), though it is also for people who meet one of the reasons for expanded benefits described below. The regular unemployment system is primarily for those who do meet the monetary requirements and are unemployed through no fault of their own (e.g., laid off, fired, resigned with just cause).

Many times people should qualify through the PUA system; however, because the system shows they might be monetarily eligible for regular unemployment it will kick them out of the system without providing any appeal rights as the law requires it to do. Such people may need to apply through the regular system first, receive a denial, and have the appeal deadlines expire before they can go back to the PUA system to apply.

Here is an info-graphic from ODJFS directing people to which system they should apply through.

E. Pandemic Unemployment Assistance (PUA) / Pandemic Emergency Unemployment Compensation (PEUC): The Coronavirus Aid, Relief, and Economic Security (CARES) Act expanded unemployment benefits. Claimants can now apply for PUA benefits here. A step-by-step guide for apply for PUA benefits can be found here. Here is a link that describes some of the PUA benefits and their status. Here is a link to guidance from the Department of Labor. The changes include:

• Claimants can file for PUA/PEUC benefits while they have a pending application open for regular unemployment benefits. In fact, Ohio JFS recommends it.
• Up to an additional $600 per week in benefits, which will be applied retroactively to March 29, 2020 and last through July 25, 2020. If you are receiving unemployment, you do not need need to apply separately for PUA benefits to receive this additional $600.00.
• Extending benefits for an additional 13 weeks - Pandemic Emergency Unemployment Compensation (PEUC). Ohio provides 26 weeks, so the additional 13 weeks will provide 39 weeks of benefits. This extension lasts through December 31, 2020.
• Expanding benefits to include part-time employees, freelancers, independent contractors, gig workers, the self-employed, and others who also do not otherwise qualify for regular unemployment benefits AND fit into one of the following categories:

F. Contacting Unemployment:  Ohio Unemployment continues to be difficult, or near impossible, to reach by telephone.
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For the regular unemployment system, this link provides telephone numbers to the various processing centers, which may or may not be easier to get through to than the general number. The fax number is 614-466-7449, but be sure to save a fax confirmation whenever sending anything by fax. They can also be emailed at JFS.UI_Respond@jfs.ohio.gov, though we hear they have not been responding to emails.

For the Pandemic Unemployment Assistance system, the call center number is (833) 604-0774 and the email is Progressive-PUA@jfs.ohio.gov

G. COVID-19 Weekly Claims: This is a guide to filing COVID-19 related weekly claims: https://bit.ly/2QXeRMV

H. COVID-19 Stimulus Checks: These do NOT need to be reported as earnings when filing weekly claims.

I. Monetarily Ineligible Determinations: If you received a Determination that you are monetarily ineligible after a COVID-19 layoff, you may still qualify for benefits.

J. Families First Coronavirus Response Act - Employee Paid Leave Rights: The Families First Coronavirus Response Act created mandatory paid leave for certain employees of covered employers. These employees may qualify for these leaves if they have been quarantined, need to care for an individual who is quarantined, or need to care for a child whose school or day care is closed for reasons related to COVID-19. Further explanation of these leaves and who are covered employers can be found here. Individuals qualifying for these leaves may receive full pay or 2/3 pay.

Ohio Unemployment will often deny a claimant benefits if they are eligible for leave from their employer. As a result, individuals eligible for these leaves should apply for them and, if denied, save documentation of that denial if they also apply for unemployment.

K. PUA Overpayments: Nearly one in five people who applied for PUA benefits have received notices that they were overpaid. ODJFS claims that it used reported income without verifying to get payments out quickly, but are now verifying income and adjusting payments. As a result, in the midst of the pandemic many people are seeing their benefits stopped and receiving notices that they need to pay back thousands of dollars. An appeal can be filed for these overpayment notices, though it should focus on the benefit amount that was determined (i.e., is the new benefit amount correct, did it consider all income?) rather than arguing that the overpayment should be waived because it is ODJFS's error.

L. When Your Employer Asks You to Return to Work But it is Not Safe or You Are at High Risk: On June 16, 2020, Governor Dewine signed Executive Order 2020-24D, which makes it easier for people to turn down offers to return to work due to being at high risk, and yet still collect unemployment. Here is the pertinent text of that order:

1. A medical professional' s recommendation that an individual not return to work because he/she falls into a category that is considered "high risk" for contracting COVID-19 by the Centers for Disease Control and Prevention and the employer cannot offer teleworking options; or
2. The employee is sixty-five years of age or older; or
3. Tangible evidence of a health and safety violation by the employer that does not allow the employee to practice social distancing, hygiene, and wearing protective equipment; or
4. Potential exposure· to COVID-19 and subject to a prescribed quarantine period by a medical or health professional; or
5. Staying home to care for a family member who is suffering from COVID-19 or subject to a prescribed quarantine period by a medical or health professional.

CDC information about high risk categories can be found here.

M. Failing to Follow Safety Requirements? It is true that an employee can have just cause to resign if their employer failed  to  provide  proper safety  measures  required by law. You can find Ohio's COVID-19 related requirements for employers who are reopening here. #3 of Executive Order 2020-24D may also be helpful, as it allows a person to turn down a job there is, "Tangible evidence of a health and safety violation by the employer that does not allow the employee to practice social distancing, hygiene, and wearing protective equipment."

If an employee has safety concerns, they should communicate those concerns to their employer, describe how the employer is not complying with safety measures required by law, take the concerns up the chain of command if a resolution is not obtained, and give the employer an adequate opportunity to resolve the issues. Whenever possible, these communications should be done in writing and saved to be able to show Unemployment.That writing can be emails, letters or even text messages with screenshots of the messages saved. It may also help to also report the concerns to the local health department.

N. Extended Benefits? Up to 20 weeks of Extended Benefits (EB) were available to eligible Ohioans who exhaust both the maximum 26 weeks of regular unemployment benefits and 13 weeks of Pandemic Emergency Unemployment Compensation (PEUC) through December 26, 2020. However, on November 24 Ohio provided notice that these 20 weeks of Extended Benefits would end on December 12, 2020.

O. Do You Need an Attorney? We provide free telephone consultations to review this very question. Most times we are able to help and answer questions without the need of hiring an attorney. It is very important to contact an attorney when a case involves appeals. The first appeal step is done in writing and important for getting benefits started quickly. We cannot help with that first appeal step if we are contacted after it has already been filed, so contact us before you file the appeal. The second appeal step involves a telephone hearing is is usually both the best and last real opportunity to obtain a win. There is very little you or an attorney can do after the hearing, so be sure to contact an attorney before the hearing. We will talk about your case, offer free guidance, and if appropriate talk about legal representation with a contingency fee where we get paid only when we obtain a win for you.