Filing for partial unemployment
You are partially unemployed when you are hired as a full-time employee, and you are still on your employer’s payroll, but that employer cannot give you full-time work. Unless you are claiming Extended Benefits (see Filing for Extended Benefits), you are not required to look for another job or take a job offered by another employer. When filing partial claims, you are to use a special claim form, Initial Claim/Low Earnings Report (LER), which is provided by your regular employer. In all other respects, total and partial unemployment are the same. Once you set up a benefit year, you may file claims for weeks of either total or partial unemployment during that year. The following procedures apply to claims for partial benefits.
Your employer gives you an Initial Claim/Low Earnings Report (LER) for any weeks that full-time work was not available. (A LER may be issued for either one or two weeks of partial unemployment.)
Your employer is required to issue a LER not later than the payday for the week(s) of low earnings.
The LER is your claim for partial benefits. (Do not use the claim form that comes with your benefit check to file for partial benefits.) To file your claim, you must complete the bottom part of the LER and then file the complete form with your local office within ten (10) days following the day you received it. If you delay filing, you may lose your right to benefits. (NOTE: The Low Earnings Report cannot be filed by telephone or via the Internet. Also, do not file until after the week(s) of partial unemployment shown on your LER.)
You must report any work you had with other employers during the week(s) on your LER. You also must report any self-employment and any other income not shown on the LER. If you are a corporate officer or have other business interests, you must report such activities when you file.
You must have been available for all work your regular employer had to offer. You may be denied benefits if you had low earnings for any reason other than lack of work.
Your benefit payment will be reduced by earnings or any other deductible income you had, in the same manner as if you were filing for total unemployment. (See How income affects benefits.)
If you have a benefit year in effect, you can always file your partial claim by mail. Whenever possible, you should file a new claim in person, especially if this is your first experience with the unemployment compensation program. You always must file a new claim in person when either one of the following situations applies to you:
You worked outside West Virginia during any part of the base period. (You may need to file an Interstate or Combined Wage Claim -- see Filing combined wage claims and Filing interstate claims.)
You were on active military duty or worked for the federal government during any part of the base period. See Filing for benefits based on federal civilian employment (UCFE) or Filing for military benefits (UCX).
You must file a new claim in person when either of these situations applies because you will not receive credit for such employment unless you bring the necessary information to your local office. (The information we need is explained on the pages referred to previously.) If your claim is processed by mail, your weekly benefit will be based only on wages reported during your base period by West Virginia employers.
NOTE: You are responsible for the accuracy of all information on a Low Earnings Report. Examine each LER carefully before you file it. If your employer listed your earnings incorrectly or didn’t include other payments made during the week(s) on the report, do not file your claim until the employer corrects the error. Also, make certain that your name and Social Security number are shown correctly, and that the employer properly signed and dated the form. You are liable to repay any overpayment of benefits that results from incorrect information on a Low Earnings Report |
