Attachment I: Acceptable COVID-19 Related Reasons for PUA

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Attachment I to UIPL No. 16-20 Change 6

Acceptable COVID-19 Related Reasons for PUA Eligibility

f-certify that they are otherwise able and available to work within the

Individuals must sel

eaning of applicable state law, except that the individual is unemployed, partially unemployed,

or unable or unavailable to work because of COVID-19 related reason(s) described below.

Included for each of the reasons are illustrative examples and explanations of circumstances that

fall under each category. Examples and explanations for each of the categories under items (aa)

through (jj) of Section 2102(a)(3)(A)(ii)(I) of the CARES Act are not an exhaustive list of all

examples within each category. If states consider other qualifying circumstances, such

circumstances must align with one of the (aa)-(jj) reasons and be applied in a manner consistent

with the examples below. Additionally, the Secretary, in his authority to approve additional

items under Section 2102(a)(3)(A)(ii)(I)(kk) of the CARES Act, has approved four (4) additional

circumstances under which an individual may certify.

aa. The individual has been diagnosed with COVID-19 or is experiencing symptoms of COVID-

19 and is seeking a medical diagnosis. For example:

 An individual who has to quit his or her job as a direct result of COVID-19 because the

individual has tested positive for COVID-19 or has been diagnosed with COVID-19 by a

qualified medical professional, and continuing work activities, such as through telework,

is not possible by virtue of such diagnosis or condition;

 An individual who has to quit his or her job due to coming in direct contact with someone

who has tested positive for COVID-19 or has been diagnosed by a medical professional

as having COVID-19, and, on the advice of a qualified medical health professional is

required to resign from his or her position in order to quarantine.

bb. A member of the individual’s household has been diagnosed with COVID-19. For example:

 A member of the individual’s household has been diagnosed as having COVID-19 by a

qualified medical professional or a member of the individual’s household has tested

positive for COVID-19 and the individual is unable to work as a result.

cc. The individual is providing care for a family member or a member of the individual’s

household who has been diagnosed with COVID-19. For example:

 An individual is “providing care” for a family member or a member of the individual’s

household if the provision of care requires such ongoing and constant attention that the

individual’s ability to perform other work functions is severely limited. An individual

who is assisting a family member who is able to adequately care for him or herself is not

“providing care” under this category.

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dd. A child or other person in the household for which the individual has primary caregiving

responsibility is unable to attend school or another facility that is closed as a direct result of

the COVID-19 public health emergency and such school or facility care is required for the

individual to work. For example:

 An individual has “primary caregiving responsibility” for a child or other person in the

household if he or she is required to remain at home to care for the child or other person.

 This includes an individual whose job allows for telework, but for whom the provision of

care to the child or other person with a closed school or other facility requires such

ongoing and constant attention that it is not possible for the individual to perform work at

home.

ee. The individual is unable to reach the place of employment because of a quarantine imposed

as a direct result of the COVID-19 public health emergency. For example:

 An individual who is unable to reach his or her place of employment because doing so

would require the violation of a state or municipal order restricting travel that was

instituted to combat the spread of COVID-19.

ff. The individual is unable to reach the place of employment because the individual has been

advised by a health care provider to self-quarantine due to concerns related to COVID-19.

For example:

 An individual who has been advised by a qualified medical professional that he or she

may be infected with COVID-19 and that he or she therefore should self-quarantine. For

example, an individual had direct contact with another person who has tested positive for

COVID-19 or been diagnosed with COVID-19 by a qualified medical professional and is

advised by a health care provider to self-quarantine to prevent further possible spread of

the virus. Such circumstances would render the individual unable to reach his or her place

of employment.

 An individual whose immune system is compromised by virtue of a serious health

condition and is therefore advised by a health care provider to self-quarantine in order to

avoid the greater-than-average health risks that the individual might face if he or she were

to become infected by COVID-19.

gg. The individual was scheduled to commence employment and does not have a job or is unable

to reach the job as a direct result of the COVID-19 public health emergency. For example:

 An individual is unable to reach his or her job because doing so would require the

violation of a state or municipal order restricting travel that was instituted to combat the

spread of COVID-19 or the employer has closed the place of employment.

 An individual does not have a job because the employer with whom the individual was

scheduled to commence employment has rescinded the job offer as a direct result of the

COVID-19 public health emergency.

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hh. The individual has become the breadwinner or major support for a household because the

head of the household has died as a direct result of COVID-19. For example:

 An individual whose head of household previously contributed the majority of financial

support to the household died as a direct result of COVID-19, and the individual is now

the person in the household expected to provide such financial support.

ii. The individual has to quit his or her job as a direct result of COVID-19. For example:

 An individual was diagnosed with COVID-19 by a qualified medical professional, and

although the individual no longer has COVID-19, the illness caused health complications

that render the individual objectively unable to perform his or her essential job functions,

with or without a reasonable accommodation. States should also note that, for purposes of

item (ii), an individual does not have to quit his or her job as a direct result of COVID-19

if paid sick leave or other paid leave benefits are available to the individual. Generally,

an employee “has to quit” within the meaning of this Section only when ceasing

employment is an involuntary decision compelled by the circumstances identified in this

Section.

jj. The individual’s place of employment is closed as a direct result of the COVID-19 public

health emergency. For example:

 If a business is shut down due to an emergency declaration or due to necessary social

distancing protocols, the resulting unemployment of affected individuals would be

considered a direct result of COVID-19. While a government-mandated closure is not

necessary to satisfy this category, the claimant must be able to self-certify that the

business was closed “as a direct result of the COVID-19 public health emergency.”

 If a business has multiple parts and one or some of those parts is shut down due to

restrictions imposed by COVID-19, affected staff from the parts of the business that shut

down may be eligible for PUA. For example, a business may include both a restaurant

and a brewery. If the individual’s place of employment is the restaurant and the

restaurant is shut down because of the COVID-19 pandemic, even if the brewery

continues to operate, the individual who was employed in the restaurant may be eligible

for PUA. An individual who is working reduced hours while his or her place of

employment continues to operate does not satisfy the conditions to self-certify under item

(jj).

kk. The individual meets any additional criteria established by the Secretary for unemployment

assistance under this Section.

To date, the Secretary has approved the four (4) criterion under the Secretary’s authority

provided in Section 2102(a)(3)(A)(ii)(I)(kk) of the CARES Act (see Section 4.b. of UIPL

No. 16-20, Change 2; Section C.1.kk. of Attachment I to UIPL No. 16-20, Change 4; and

Section 4.a of UIPL 16-20, Change 5). These reasons are described below.

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1. Self-employed individuals (including independent contractors and gig workers) who

experienced a significant diminution of their customary or usual services because of the

COVID-19 public health emergency, even absent a suspension of services.

States may use the following verbiage for item (kk.1): “I am self-employed (including an

independent contractor or gig worker) and experienced a significant reduction of services

because of the COVID-19 public health emergency.”

2. The individual has been denied continued unemployment benefits because the individual

refused to return to work or accept an offer of work at a worksite that, in either instance,

is not in compliance with local, state, or national health and safety standards directly

related to COVID-19. This includes, but is not limited to, those related to facial mask

wearing, physical distancing measures, or the provision of personal protective equipment

consistent with public health guidelines.

For purposes of this COVID-19 related reason, unemployment benefits include regular

UC, Unemployment Compensation for Federal Employees (UCFE), Unemployment

Compensation for Ex-Servicemembers (UCX), PUA, PEUC, EB, Short-Time

Compensation (STC), Trade Readjustment Allowances (TRA), Disaster Unemployment

Assistance (DUA), and payments under the Self-Employment Assistance (SEA) program.

An individual is generally denied unemployment benefits if the state determines that the

work is suitable and the individual did not have good cause for refusing such work. This

COVID-19 related reason applies only to individuals who had already been receiving

unemployment benefits but were determined to be ineligible or disqualified under state

law because they refused an offer of work at a worksite that was not in compliance with

local, state, or national health and safety standards directly related to COVID-19. This is

a separate COVID-19 related reason from item (ii) of Section 2102(a)(3)(A)(ii)(I) of the

CARES Act, which provides eligibility to an individual who quits their job as a direct

result of COVID-19.

For example, an individual may self-certify under this COVID-19 related reason who has

previously been denied because the state law does not consider health and safety

standards when assessing suitability or good cause, or who has previously been denied

because the health and safety standards considered under state law are more restrictive

than the local, state, or national COVID-19 health standards. Below are a few non-

exhaustive scenarios. See Section 4.b.iv. UIPL No. 16-20, Change 5 for additional

details regarding PUA effective dates.

o An individual was laid off in June 2020 and began receiving regular UC. The

individual was recalled to work in October 2020. However, because the worksite

was not in compliance with the local mask mandate, the individual refused to

return to work. The individual was disqualified from continued receipt of regular

UC under state law. The individual is eligible to apply for PUA under this

COVID-19 related reason.

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o An individual was laid off in October 2020 and began receiving regular UC. The

individual received a new job offer in January 2021, however, the new worksite

was unsafe due to non-compliance with physical distancing measures under state

law. The individual was disqualified from continued receipt of regular UC under

state law. The individual is eligible to apply for PUA under this COVID-19

related reason.

An individual is not eligible for PUA if they are otherwise eligible for regular UC (or

PEUC or EB). Many states have provisions in their state UC law that consider work that

unreasonably exposes an individual to health and safety risks to be unsuitable work. The

state may determine, if it is consistent with the state’s law, that the work is not suitable.

Or, the state may find the work is suitable but determine that the individual had good

cause for refusing such work.

In these circumstances, the individual must continue to

receive unemployment benefits, provided they are otherwise eligible. The individual is

not eligible for PUA using this COVID-19 related reason if the individual was

determined eligible for continued unemployment benefits for refusal of work under state

law. Moreover, an individual who is allowed continued unemployment benefits and

subsequently exhausts such benefits is not eligible for PUA using this COVID-19 related

reason.

3. An individual provides services to an educational institution or educational service

agency and the individual is unemployed or partially unemployed because of volatility in

the work schedule that is directly caused by the COVID-19 public health emergency.

This includes, but is not limited to, changes in schedules and partial closures.

This COVID-19 related reason addresses situations where an individual provides services

to educational institutions or educational service agencies and is subject to significant

volatility in the school schedule directly related to COVID-19. Whether the individual is

“between or within terms” and has a “contract” or “reasonable assurance” to return in the

subsequent year or term will affect the individual’s ability to self-certify under this

COVID-19 related reason, as described below.

Attachment II to UIPL 16-20, Change 5

provides a graphical representation of the process for determining PUA eligibility under

this reason.

A. Individual does not have a contract or reasonable assurance. An individual who:

(1) has provided services to an educational institution or educational service

agency; (2) lacks a contract or reasonable assurance and, as a result, is not subject

The Department reminds states that Section 4102(b) of the Emergency Unemployment Insurance Stabilization and

Access Act of 2020 (EUISAA), set out at Division D of the Families First Coronavirus Response Act (Pub. L. 116-

127), provides states with the authority to temporarily modify their good cause provisions as needed in response to

the spread of COVID-19 (see Section 5.C. of UIPL No. 13-20).

UIPL No. 10-20, Change 1, provides additional information about the “between and within terms” denial provision

within the context of COVID-19. UIPL No. 05-17 clarifies the Department’s interpretation of the terms “contract”

and “reasonable assurance” and assists states in applying these terms consistent with federal law requirements.

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to the “between and within terms” denial provisions; and (3) is not otherwise

eligible for regular UC (or PEUC or EB) may self-certify eligibility for PUA

under this COVID-19 related reason if they are subject to significant volatility in

the school schedule.

If the individual does not have a contract or reasonable assurance to return and

self-certifies eligibility under this COVID-19 related reason (or another COVID-

19 related reason that is applicable to their situation), the individual may use

wages from the educational institution to potentially qualify for a WBA that is

higher than the state’s minimum PUA WBA.

B. Individual has a contract or reasonable assurance. An individual is generally not

eligible for PUA if they: (1) have provided services to an educational institution

or educational service agency; and (2) are filing for a week that is between or

within terms and they have a contract or reasonable assurance to return in the

subsequent year or term, and, as a result, they are denied regular UC (or PEUC or

EB).

However, the individual may be eligible for PUA if they have other non-

educational employment from which they are able to self-certify that they are

unemployed, partially unemployed, or unable or unavailable to work for a

different COVID-19 related reason. As described in Section 4.e.i. of UIPL No.

10-20, Change 1, wages from the educational institution may not be used to

calculate the individual’s PUA WBA.

If school schedules or planned school openings are disrupted and an individual is

found to no longer have a contract or reasonable assurance to return in the

subsequent year or term, then they can establish eligibility going forward as

described in subparagraph (A) under this COVID-19 related reason or another

COVID-19 related reason that is applicable to their situation.

Federal law allows retroactive payments of regular UC (or PEUC or EB) under

certain circumstances for individuals in a nonprofessional capacity if they no

longer have a contract or reasonable assurance. See Section 4.d.(4). of UIPL No.

05-17. When determining if such individuals may receive PUA for weeks

previously denied under regular UC (or PEUC or EB) because the individual had

a contract or reasonable assurance and the individual was later found not to have

reasonable assurance, states must first determine if the individual qualifies for

regular UC (or PEUC or EB) under the state’s backdating provisions. If the

individual does not qualify for backdating for regular UC, then they may

retroactively self-certify for PUA under this COVID-19 related reason. States

must determine PUA effective dates consistent with instructions provided in

Section 4.b.iv. of UIPL 16-20, Change 5 and Section C.15. of Attachment I to

UIPL No. 16-20, Change 4.

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The individual must report any earnings each week that they file for PUA. The

individual’s WBA must be reduced on account of such earnings and income as prescribed

under state law. Individuals who receive a full salary during periods of disruption are not

considered to be “unemployed” and would not be eligible for PUA. See Section 4.a. of

UIPL No. 10-20.

4. An individual is an employee and their hours have been reduced or the individual was

laid off as a direct result of the COVID-19 public health emergency.

This COVID-19 related reason expands eligibility beyond the current provision of item

(jj) of Section 2102(a)(3)(A)(ii)(I) of the CARES Act, which is limited to situations

where the individual’s place of employment is closed. Under this COVID-19 related

reason, if an individual is laid off because the place of employment is partially closed

(either permanently or temporarily) or the individual has experienced a reduction in

hours, the individual may self-certify eligibility.

Generally, individuals in covered employment who are laid off, are experiencing a

reduction in hours, or are working part-time as a result of partial business closure would

qualify for regular UC (or PEUC or EB) and therefore would not be eligible for PUA.

However, such individuals may not be eligible for regular UC (or PEUC or EB) because,

for example, they lack sufficient wages to qualify, have a previous disqualification, or

have exhausted regular UC, PEUC, and EB. This COVID-19 related reason establishes a

circumstance under which they may self-certify eligibility for PUA.

The individual must report any earnings from the reduced hours when filing continued

claims and such amounts must be deducted from the PUA weekly benefit amount in

accordance with the state law. See Section C.16.c. of Attachment I to UIPL No. 16-20,

Change 4.

States are reminded that for each week of PUA claimed, states must ensure that an individual

completes a self-certification form (either paper or online) that includes the following:

• The identification of the specific applicable COVID-19 related reason(s) under Section

2102(a)(3)(A)(ii) of the CARES Act, and

• A notice advising the individual that intentional misrepresentation on the self-

certification is fraud (see Question 45 of Attachment I to UIPL No. 16-20, Change 1).

Because eligibility is based on self-certification, no further fact-finding is involved.

Additionally, states are required to take reasonable and customary precautions to deter and detect

fraud. See Section C.21. of Attachment I to UIPL 16-20, Change 4 and UIPL Nos. 28-20;28-20,

Change 1; and 28-20, Change 2, for additional details on tools to combat fraud.

For examples of individuals who may qualify for PUA with previous disqualifications, refer to Questions 30, 31,

and 33 of Attachment I to UIPL No. 16-20, Change 1, or Question 12 of Attachment I to UIPL No. 16-20, Change 2.

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Attachment I to UIPL No. 16-20, Change 5, provides a sample self-certification declaration for

states and includes all of the approved COVID-19 related reasons.

Able and Available Requirements for PUA. States should bear in mind that many of the

qualifying COVID-19 related reasons are likely to be of limited duration and eligibility for PUA

requires that the individual is otherwise able to work and available for work within the meaning

of applicable state law. For example, an individual who has been advised to self-quarantine by a

health care provider because of the individual’s exposure to a person who has tested positive for

COVID-19 and is therefore unable to reach their place of employment for purposes of item (ff)

may be able to return to their place of employment within two weeks of the exposure if they

have not exhibited symptoms of COVID-19 or tested positive for COVID-19. Similarly, a

school is not closed as a direct result of the COVID-19 public health emergency, for purposes of

item (dd), after the date the school year was originally scheduled to end, as described in more

detail in UIPL No. 16-20, Change 3. As such, the expectation is that states will continue to

assess an individual’s ability to work and availability for work each week that the individual is

collecting PUA to ensure the individual remains otherwise able to work and available for work

except for the identified COVID-19 related reason(s). States may do this through the continued

claims process by asking if the individual is otherwise able and available for work, except the

their inability or unavailability is due to one of the COVID-19 reasons.