Florida Statutes 443.1118 – Employer-assisted claims
Current as of: 2023 | Check for updates
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(1) DEFINITIONS.–For purposes of this section:
(a) “Department” means the Department of Economic Opportunity.
Terms Used In Florida Statutes 443.1118
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Benefits: means the money payable to an individual, as provided in this chapter, for his or her unemployment. See Florida Statutes 443.036
- Employer: means an employing unit subject to this chapter under…. See Florida Statutes 443.036
- Temporary layoff: means :(a) An individual's job separation due to lack of work which does not exceed 8 consecutive weeks and which has a fixed or approximate return-to-work date; or(b) An individual's employer-initiated furlough that causes a mandatory complete stoppage of work if such furlough is temporary and the individual remains job attached and is expected to return to work with the employer. See Florida Statutes 443.036(b) “Employer-assisted claim” means an initial claim filed by an employer on behalf of its employees who are a part of a mass separation from the employer.(c) “Mass separation” means a full, partial, permanent, or temporary separation, including a temporary layoff, of full-time employees from their employer if the separation occurs at or around the same time, the employees are separated for the same reason, and the separation is due to circumstances for which the employees are not at fault. At a minimum, a mass separation involves 1,000 or more employees.
(2) EMPLOYER-ASSISTED CLAIM PROCESS.–
(a) Initiation.–An employer that commences a mass separation may initiate an employer-assisted claim by submitting employee information to the department within 10 days after the date of the mass separation pursuant to rules adopted by the department.
(b) Form of submission.–Due to the sensitive nature of employee information, an employer shall submit employee information through secure means approved by department rule.
(c) Notice and affidavit.–For each employer-assisted claim, the employer shall give notice and instructions to the employees for which claims are filed and direct the employees to complete further steps as required by the department. The employer shall provide an attestation to the department in a form and format required by the department.
(3) EFFECTIVE DATE OF CLAIM.–The effective date of an employer-assisted claim is the Sunday immediately preceding the date on which the employer-assisted claim is received by the department.
(4) PAYMENTS.–Weeks of benefits paid to a claimant pursuant to an employer-assisted claim count toward the maximum benefits for which the claimant is eligible.
(5) CLAIMANT FILING REQUIREMENTS.–A claimant covered by an employer-assisted claim must file continued biweekly claims pursuant to department rule.
(6) CONSTRUCTION.–This section does not limit, alter, or amend a claimant’s rights under this chapter relating to a hearing if a claimant is denied a claim.
(7) RULEMAKING.–The department shall adopt rules establishing additional procedures for filing an employer-assisted claim and may adopt additional rules to administer this section.