5-304: Unemployment Insurance

Purpose

To outline the County's procedures for administering the Unemployment Insurance Program. 

Authority

Board of Supervisors Resolution No. 77-1366 passed on December 19, 1977 provides the authority for implementing these policies and procedures.​

Scope

This applies to eligible law enforcement personnel.​

Policy

On December 19, 1977 the Board of Supervisors passed a resolution establishing an Unemployment Insurance (UI) Program, which provides coverage for Sacramento County employees. 

The County's UI Program is administered by the Department of Personnel Management (DPM), Personnel Actions Section, 874-6845, in accordance with the State of California Unemployment Insurance Code. It is the County's policy to conform to standards for eligibility and time limits established by the State of California Unemployment Insurance Code. 

Any County employee whose County service terminates may file a UI claim. Other employees also may be eligible for UI benefits. These policies and procedures are intended to insure that only eligible claimants receive program benefits.

Standards of Application

All eligibility standards and time limits are established by the State of California Unemployment Insurance Code.

Employee Eligibility

To be eligible, claimants whose County service terminates must be: 

• Unemployed through no fault of their own; and 
• Registered for work; and 
• Physically able to work in their usual occupation(s) or in other work for which they are reasonably qualified; and 
• Available to accept "suitable employment" in their usual occupation(s) or in other work for which they are reasonably qualified; and 
• Actively seeking work in their usual occupation(s) or in other work for which they are reasonably qualified.

Claimants may be disqualified if they

• Voluntarily quit the last employment without good cause; or 
• Were discharged for misconduct; or 
• Refuse to accept suitable work; or 
• Willfully make a false statement or representation or fail to disclose a material fact in order to obtain benefits; or 
• Fail to apply for work; or 
• Left work because of a trade dispute. 

Some employees may be eligible for UI benefits while still employed by the County. These include: 

• Intermittent employees not currently working, but still available to be called to work; and 
• Part time employees working fewer hours than a weekly minimum, as established by the State of California Employment Development Department (EDD). 

Legal Time Limits. Every time limit is counted in calendar days from the issuing agency's mailing date noted on the document. Calendar days include nonwork days and days in the mail. Time limits determine the maximum allowable time for County responses, when the County determines that responding is appropriate. County turn-around time is actually one to two days on a ten day time limit. County responses must be postmarked by the due date established by the issuing agency or they will be considered delinquent. Ineligible claimants may receive benefits if the County does not respond within the legal time limits. 

Unemployment Insurance (UI) Claim Form: written response required within 10 days. Received when the County was the claimant's last employer. Submitted by the claimant to the State of California Employment Development Department (EDD). 

Notice of Determination: written response required within 20 days. Received when the County was the claimant's last employer. EDD's decision on the claimant's eligibility for UI benefits based on the UI Claim Form. 

Notice of Claim Filed and Computation of Benefit Amounts: written response required within 10 days; submission of eligibility information, if the County was not the last employer. Received on all claimants employed during the base period for UI benefits, whether or not the County was the last employer.

Benefit Audit: written response required within 10 days. Received when the claimant received UI benefits and the County reported wages during the same quarter. 

Notice of Hearing: Notification mailed to the County 10 days before the hearing date; requires written preparation and appearance before an Administrative Law Judge. Received when the claimant's eligibility for UI benefits is disputed. 

Decision of the Administrative Law Judge: written response required within 20 days. Received after every hearing. 

Notice of Appeal Regarding "Decision of the Administrative Law Judge (ALJ)": written response required within 10 days. Received when the ALJ's decision is disputed. 

Employer Account Statement: payment required for amount billed by EDD within 30 days. Received quarterly. 

Procedures

Claimant

Applies to the State of California Employment Development Department (EDD) for unemployment benefits. EDD initiates all correspondence with the County about unemployment insurance claims. 

Operating Department

Submits termination documents to the Personnel Actions Section, Department of Personnel Management (DPM). 

• The appointing authority is responsible for insuring that DPM staff is informed about the reason(s) for the employee's termination. Usually this information is attached to termination documents. 
• Supplies any other documentation when requested by Personnel Actions, DPM. 
• Immediately forwards any claims received from EDD to Personnel Actions, DPM. 
• Immediately asks callers from EDD to contact the Unemployment Insurance (UI) staff, Personnel Actions, DPM. Departmental personnel should refrain from conversing with EDD personnel, unless directed to do so by DPM.  
• Reviews quarterly reports of UI billing activity and contacts Unemployment Insurance (UI) staff, Personnel Actions, DPM regarding any discrepancies.
• Departmental personnel should be available to testify at any hearings when requested by DPM. 

Department of Personnel Management (DPM)

Unemployment Insurance Analyst, Personnel Actions Section, DPM.

• Responds to State correspondence within the legal time limits established by the State Unemployment Insurance Code. Notifies operating departments of ongoing activity when appropriate. 
• Represents the County at all hearings and appeals. Notifies a representative of the operating department, usually the claimant's supervisor, when departmental testimony will be needed at the hearing or appeal. 
• Reviews the Employer Account Statement, a quarterly report of Unemployment Insurance (UI) charges billed by the State Employment Development Department (EDD). Forwards quarterly analyses of UI charges to operating departments. Forwards quarterly report of entire UI billing activity, with cost per operating department noted, to the Administration and Finance Agency. 
• Prepares claim to pay quarterly UI charges, as reported on the Employer Account Statement. Payments for UI charges are due on or before the delinquent date, thirty days after the mailing date. 
• Provides departments with names of employees who are currently drawing UI benefits and are eligible for rehire. 

Administration, DPM

Delivers approved claim in person to the Auditor-Controller's Office

Auditor-Controller's Office 

Prepares a pay warrant, ensuring that quarterly UI charges are paid and postmarked on or before the delinquent date, thirty days after the mailing date.

​Administration and Finance Agency (AFA)

Allocates annual Unemployment Insurance costs to each operating department during the budget process, according to an established formula. 

Charges one fourth of the annual allocated costs to operating departments each quarter.​