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Will workers qualify for unemployment if an influenza pandemic hits and their employer has to shut down operations?

Answer:


Workplace Category:
Human Resource Policies & Pandemic Planning

Sub-Category: Layoff/Termination/Firing

Only the state agency responsible for administering the unemployment insurance (UI) programs in the state can make eligibility determinations.  In general, if a worker is laid off due to a shut down caused by an influenza pandemic, the worker would be eligible for UI benefits if the worker meets all other program requirements.  For example, the worker must be able to work and available for suitable work.

More information is available at: ows.doleta.gov/unemploy/aboutui.asp or by calling the U.S. Department of Labor’s Employment Training Administration at 1-866-4-USA-DOL (1-866-487-2365).


Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
 

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