Florida issues emergency rule regarding employer assisted claims
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Monday, June 29, 2020

Florida issues emergency rule regarding employer assisted claims

By Payroll and Entitlements Editorial Staff

The State of Florida has enacted an emergency rule, 73BER20-1, pertaining to employer assisted claims for mass separations:

Purpose. The purpose of the emergency rule is to provide a process through which employers may notify the Department of a mass separation and make a group filing on behalf of the employer’s similarly situated employees.

Duration of the rule. The rule will no longer be effective upon the earlier to occur of:

  1. The timeframe described in section 120.54(4)(c), F.S.; or
  2. The expiration of Governor’s Executive Order 20-52; or
  3. The date a final rule, if any, has been adopted pursuant to section 120.54, F.S., concerning the same subject matter.

Definitions. For purposes of the rule:

  1. Employer Assisted Claim” means an initial claim filed by an employer on behalf of its employees in accordance with the rule.
  2. Mass separation” means the full, partial, permanent or temporary separation of 1,000 or more full-time employees from the same employing unit, at or around the same time, due to circumstances related to COVID-19.

Effective date of claim. The effective date of an initial Employer Assisted Claim will be the Sunday immediately preceding the date on which the unemployment began.

Payments. Weeks of benefits paid to a claimant pursuant to an Employer Assisted Claim will count towards that claimant’s total eligible benefits.

Claimant reports. A claimant covered by an Employer Assisted Claim must complete his or her application within 30 days after the filing was initiated by the employer; however, the Department may waive the 30-day deadline upon a showing of good cause.

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