To be eligible for UI benefits, a claimant must:
To learn more about when a claimant is not eligible for UI, see Responding to Unemployment Insurance Claims.
This topic contains the following information:
Claimants may be eligible for UI benefits even though they are only available for part-time work.7 A claimant who restricts their availability to part-time work may be eligible for benefits, if:
UI benefits are not denied solely on the basis of the applicant’s student status if school attendance does not eliminate a substantial portion of the claimant’s full-time availability. The claimant must impose no other restrictions on availability and be working in a labor market with a reasonable demand for part-time employment. If the claimant restricts availability to part-time due to school attendance, UI benefits are paid as they would be to any other part-time employee.8
UI benefits may be payable when a full-time employee works less than full-time if the weekly wage payable to the individual, when reduced by $25 or 25 percent of the wages payable (whichever is greater), do not exceed their weekly UI benefit amount.9 The employee must be working fewer hours because of lack of work through no fault of their own.
If there is a short-term reduction in hours due to a lack of work, employers may wish to issue Form DE 2063 - Notice of Reduced Earnings to affected employees. This certifies that the employee is expected to return to work, which means the employee is not required to look for new work and is considered “partially unemployed.”
If you have a reduction of force and know that there will be no work for an employee for more than two weeks, do not issue a DE 2063. Similarly, if you terminate an employee for any reason, do not issue a DE 2063.
An individual can receive UI benefits if they voluntarily left employment for good cause. Good cause occurs when a substantial motivating factor causes the claimant to leave work. The factor need not relate to work. It must be a real, substantial and compelling reason that would cause a reasonable person who wants to remain employed to leave work under the same circumstances.10
Depending on the circumstances, leaving work for good cause might include the following reasons:
The following examples do not generally constitute good cause:
A person quits with good cause and is eligible for UI benefits if they leave to accompany a spouse or registered domestic partner to a place from which it is impractical to commute and to which a job transfer is not available.11
California law defines “domestic partners” as “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring” and who file a Declaration of Domestic Partnership with the Secretary of State.12
A change to UI law expanded the scope of good cause to include circumstances in which an employee leaves employment to protect their family or themself from domestic violence. Prior law limited good cause to leaving employment to protect themself or their children. This change brings California into compliance with federal eligibility requirements.
The employee is eligible for UI benefits if all other eligibility requirements are met. However, the UI benefits paid are not chargeable to your account.13
UI benefits paid to an employee who leaves a job for a substantially better job and who later becomes eligible for UI will not be charged to the account of the first employer.14 For example, if a former employee lost their new job or had their hours reduced, the UI benefits would not be charged to the first employer.
The maximum amount of state UI benefits during each benefit year is 26 times the weekly benefit amount or one-half of the total earnings in the base period, whichever is less. A benefit year is the 52-week period beginning on the date a new claim is filed.
Eligible individuals can receive a minimum of $40 to a maximum of $450 per week for up to 26 weeks, depending on past quarterly earnings. After eligibility is determined, claimants receive a benefit check every two weeks.
For more information, visit the EDD’s website.
Benefits start with the effective date of the claim, which is the Sunday prior to the date an individual contacts the EDD to file a claim. All claims have a one-week waiting period. The one-week waiting period is not a paid week and does not begin until the claim is filed.15
The EDD calculates UI benefits using a person’s earnings during a specific 12-month period, called a “base period.” The base period is relative to the beginning date of a new claim. The base period begins approximately 15 to 17 months prior to the date the claim is filed. The amount paid each week is calculated based on the calendar quarter with the highest earnings during the base period.
The base period is determined as follows:16
For Claims Beginning in: |
Base Period is 12 Months Ending the Previous: |
|---|---|
|
January, February and March |
September 30 |
|
April, May and June |
December 31 |
|
July, August and September |
March 31 |
|
October, November and December |
June 30 |
The Federal Tax Reform Act of 1986 provides for federal taxation on UI benefits. Claimants can voluntarily request that the EDD withhold 15 percent of weekly benefits for federal taxation of UI benefits.
To apply for benefits, individuals will need to provide their personal information and:
Displaced workers can file UI claims:
Online: This is the fastest way to have a claim accepted and begin receiving benefits. Displaced workers can visit the EDD's UI Online page and apply during the following times:
By phone: Individuals can reach an EDD representative Monday through Friday from 8 a.m. to 12 p.m., though wait times may be long due to extremely high traffic.
1. UI Code sec. 1253
2. UI Code sec. 100
3. UI Code sec. 1281(a)
4. UI Code sec. 1253
5. UI Code sec. 1253
6. UI Code sec. 1253
7. UI Code sec. 1253.8
8. UI Code sec. 1253.9
9. UI Code sec. 1252
10. UI Code sec. 1256
11. UI Code sec. 1030(a)(4)
12. Family Code sec. 297
13. UI Code secs. 1030, 1032, 1256
14. UI Code sec. 1032
15. UI Code sec. 1253(d)
16. UI Code sec. 1275