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for longer than the duration calculated based on totalunemployment benefits. Michigan is the only state wehave identified where this provision does not apply; there,one week of partial benefits claimed results in a fullweek’s reduction in a claimant’s maximum entitlement.Michigan’s rule effectively deters workers experiencingunstable work-schedules—especially those who fearlosing their jobs in the future—from applying for partialUI benefits, because of the disproportionate reduction intheir overall benefit entitlement.An Indiana rule is particularly troublesome for workerswith volatile schedules. There, job-attached partial UIclaimants are subject to a stricter penalty than jobseekingpartial UI claimants. No claimant can earn morethan the weekly benefit he or she would receive if totallyunemployed. While the benefit payment for a job-seekingclaimant is reduced by one dollar for every dollar of parttimeearnings in excess of 20 percent of the benefit fortotal unemployment, job-attached workers on a reducedschedule do not have any part-time earnings disregardedat all. 41 Indiana’s rule effectively bars workers enduringinvoluntary reductions in work-hours and earnings fromreceiving UI benefits.Finally, New York State’s UI program is one of just twoprograms to base eligibility for partial UI on days of anywork (North Carolina is the other); it’s the only UI programnot to disregard any earnings. Each day on whichany work is performed, including unpaid work, results ina 25-percent reduction in a worker’s weekly benefit. NewYork’s partial UI rules are especially unfair to the state’slower-wage workforce. For example, a worker earning $20an hour for eight hours of work in one day (for a total of$160 for the week) would still receive three-quarters ofher regular benefit. By contrast, a lower-wage worker whoworks 20 hours over four days for $8 an hour (for a total of$160) would receive no UI benefits. 42Figure 1.A. Partial UI RulesState Part-time Earnings must be less than: Earnings DisregardArizona WBA $30New York < 4 days of any work. Earnings cannot exceed $420. $0Connecticut WBA*1.5 1/3 wagesFigure 1.B. Total Weekly Income for Partial UI ClaimantsStateFull WBAPart-timeEarningsEarningsDisregardedAmount WBAreduced Partial WBA Total IncomeTotal Income is> Full WBA by:Arizona $240 $250 $30 $240 $0 $250 $10New York $315 $250 $0 $236 $79 $329 $14Connecticut $315 $250 $83 $167 $148 $398 $8314 NELP | HOW UNEMPLOYMENT INSURANCE RULES FAIL WORKERS WITH VOLATILE JOB SCHEDULES
Figure 1 helps to explain these phenomena, by showinghow a claimant eligible for a weekly benefit fortotal unemployment on par with the national averageof $315 (or in Arizona, the maximum benefit of $240)would fare if he or she was earning $250 for part-timework. (For the purposes of New York’s rules, assume theclaimant worked on three days during the week.)In this scenario, workers in Arizona cannot receiveany benefits because their part-time wages exceed theirusual benefit; if they accept the job, they would takehome just $10 more than they would if totally unemployed.In New York, claimants in this scenario wouldearn just $14 more. Connecticut has strong partial UIrules, so workers there can usually claim substantialbenefits while they work part time, as the figure shows.H. Work Search Requirements for Partial UIClaimants Not Always ClearAs noted earlier in this paper, workers who receive UIbenefits must demonstrate they are able and availablefor work and actively seeking work from week to week.Unemployed claimants who find temporary part-timework are usually required to look and be available forwork that is similar to the job they lost. Work-searchrequirements for claimants employed on a reducedschedule can vary, depending on the state and theextent of the work-hours reduction. Usually, claimantswhose regular employers can verify that they willreturn to full-time/normal schedules soon are exemptfrom active work-search requirements. 43 How statesdefine “soon” is not always clear, according to a reviewof claimant handbooks. For example, claimants inVermont who expect to return to a regular schedulewithin 10 weeks are not expected to search for otherwork. Otherwise, they must make the usual numberof weekly job-search contacts; this may include theirregular employer. 44 Washington establishes a cut-off atfour months. That state also waives work-search rulesfor employees whose regular schedule reductions areless than 60 percent. This means that employees whoseschedule reductions do not meet either criterion are notdeemed job-attached, and thus must search for otherwork. 45Even when job-search is required of partial claimants,certain states account for the time spent working.For example, a representative of the ConnecticutDepartment of Labor noted that partial claimants arenot expected to conduct a job search so intensivelythat it interferes with obligations to their current jobor forces them to quit that job. For example, a claimantworking part time over three days in a week would mostlikely not be expected to provide documentation forwork-search activities occurring on more than two daysper week. 46 However, this is not necessarily standardpractice across all state programs.Workers experiencing irregular bouts of reducedwork, lasting for one or two weeks at a time over thecourse of their employment, may find it difficult to meettheir state’s work-search rules. Performing and documentingadequate work searches may be unrealisticfor those who, in addition to receiving too few hours ofwork, are scheduled for on-call shifts, are required tomaintain open availability at all times, or receive littleadvanced notice of their schedules.NELP | OUT OF SYNC 15
Page 1 and 2: Out of Sync:How Unemployment Insura
Page 3 and 4: Executive SummaryMillions of Americ
Page 5 and 6: 1 IntroductionMillions of American
Page 7 and 8: improve workers’ job schedules, b
Page 9 and 10: 4 Overview of UI RulesUI is a fede
Page 11 and 12: 5ApplyingUI Rules to Workerswith Vo
Page 13 and 14: time of hire. A Connecticut agency
Page 15: E. Trial Work Provisions Permit Qui
Page 19 and 20: employers engage in unfair scheduli
Page 21 and 22: AppendixAppendix Table 1. UI Rules
Page 23 and 24: Appendix Table 2. UI Rules for Excu
Page 25 and 26: Notes for Table 2: There are 51 sta
Page 27 and 28: Appendix Table 3. State Partial UI
Page 29 and 30: Endnotes1. In the summer of 2014, t
Page 31 and 32: enefits are less than the costs of

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