19 Del. Admin. Code § 1202-22.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1202-22.0 - Partial Unemployment Insurance

22.1Definitions. As used in this section, unless the context clearly requires otherwise:

"Partially unemployed individual" means a partially unemployed individual is an employee who, during any given week, is still employed by his or her employer but worked less than his or her regular full-time hours because of the lack of full-time work.

"Week of partial unemployment" means, with respect to a partially unemployed individual whose wages are paid on a weekly basis, a week of partial unemployment shall consist of his or her pay period week. With respect to a partially unemployed individual whose wages are not paid on a weekly basis (e.g., bi-weekly, monthly) a week of partial unemployment shall be any consecutive seven day period the Division may prescribe as to any employee or group of employees as it deems appropriate.

22.2Original Benefit Year Claim. In order to file a claim for partial unemployment insurance, a partially unemployed individual must establish an original benefit year claim in person at one of the Division's local offices or by using the Division's on-line filing system.

22.3Responsibility To File Low Earnings Report (Form UC-114). After the end of any week in which an employer has furnished any of its employees with less than regular full-time work (or the earnings equivalent thereto), on the customary payday for the pay period during which full-time work was unavailable the employer or the employee shall deliver a completed Low Earnings Report (Form UC-114) to the nearest Division local office signed by both the employer and the employee.

22.4Division's Responsibility on Receipt of Form UC-114. Upon receiving a Form UC-114, the Division shall promptly process the information contained in it so that a timely payment of unemployment insurance may be made to the partially unemployed individual who has established an original benefit year claim. For any given week, if the earnings stated on a Form UC-114 exceed the earnings allowance for the partially unemployed individual based on his or her weekly benefit amount, the Division will mail a notice to the affected employee stating the reason why no partial unemployment insurance is owed for the week in question.

22.5Time For Filing Claims for Partial Unemployment. No claim for partial unemployment insurance benefits may be made more than 14 days after the week ending period reflected on the Form UC-114 being filed.

22.6Employer Records in Connection with Partial Unemployment. In addition to the records required to be maintained by employers set forth in Section 4.0, each employer shall maintain for a period of four years payroll records containing the following information on each employee that was determined to be eligible to receive partial unemployment insurance:

22.6.1 the amount of wages earned by week;

22.6.2 the specific dates of weeks of less than full-time work by the employee; and

22.6.3 the number of hours of work lost by each employee, if any, due to the employee's unavailability for work.

19 Del. Admin. Code § 1202-22.0

17 DE Reg. 325 (9/1/2013)
19 DE Reg. 64 (7/1/2015)
19 DE Reg. 1022 (5/1/2016)
24 DE Reg. 173 (8/1/2020)