Unemployment Insurance and Other Benefits To Know About

This guide has been developed to help those seeking Unemployment Insurance benefits and other wage replacement benefits available in California.  The rules in this area are changing rapidly, and we always encourage you to check the Employment Development Department’s website for the most up-to-date information about these benefit programs.

We encourage you to start at these pages of the Employment Development Department’s website: COVID-19, COVID-19 Frequently Asked Questions, Pandemic Unemployment Assistance, Pandemic Unemployment Assistance Frequently Asked Questions, Contact EDD.

I’m trying to figure out what benefits I’m qualified for.

I’m a full-time or part-time worker, and receive W-2s. I’m now out of work, but able to work. What benefit should I apply for?

You should apply for unemployment benefits if you:

• have lost your job or have had your hours reduced for reasons related to COVID-19, or have otherwise lost your job through no fault of your own, and you are now earning less than $600 a week;
• are a citizen, permanent resident, or have work authorization.  Most people here without formal legal status cannot get unemployment benefits.

If you are found not eligible for Unemployment Insurance, you may be eligible for Pandemic Unemployment Assistance: If you’re out of work because you are sick or quarantined due to COVID-19, you should apply for Disability Insurance.  If you’re out of work because you are caring for a family member who is sick or quarantined with COVID-19, you should apply for Paid Family Leave.

 

This answer was last revised on May 15, 2020.

I’m a gig worker. I’m now out of work, but able to work. What benefit should I apply for?

If you’re a gig worker, like a Lyft or Uber driver, or you work as a nail technician, but were paid as a contractor, you can apply for Unemployment Insurance, even though the company you work for may consider you an independent contractor. You can also, at least temporarily, access Pandemic Unemployment Assistance.  We have specific guidance for how to fill out the Unemployment Insurance application in the following section for gig workers.  Gig workers and other misclassified workers can also apply for Disability Insurance and Paid Family Leave through the Employment Development Department.

 

If California law considers you an independent contractor, like an independent music teacher or an electrician, or you run your own business (even if you’re the only person that works for that business) you will be able to get Pandemic Unemployment Assistance.

 

This answer was last revised on May 15, 2020.

I’m an independent contractor or am self-employed. I’m now out of work, but able to work. What benefit should I apply for?

Many people who work as “independent contractors,” “freelancers,” and “gig workers” may qualify for benefits through regular Unemployment Insurance (or State Disability Insurance and Paid Family Leave instead) because they have been misclassified as independent contractors or because they worked as employees before becoming self-employed.  California law usually presumes workers are employees, and it is the up to the company that hired the worker to disprove that presumption.

If you are properly classified as an independent contractor, you will be able to get Pandemic Unemployment Assistance.

 

This answer was last revised on May 15, 2020.

I still have a part-time job, but am no longer making as much money as I normally do. What benefit can I apply for?

If your earnings have been reduced to below $600 a week, and you are no longer working full time, you may be eligible for unemployment insurance even if you work more than one job.

 

If your employer needs to reduce hours at your work, you should encourage your employer to apply for a Work-Sharing Agreement with the Employment Development Department.

 

This answer was last revised on May 15, 2020.

I have work authorization, but I’m not a permanent resident or a U.S. citizen. Can I apply for Unemployment Insurance?

You do not need to be a permanent resident to be eligible for Unemployment Insurance.  You must currently have work authorization to be eligible, and you in most circumstances have to have earned money while you had work authorization.

Accessing Unemployment Insurance, Disability Insurance or Paid Family Leave should not hurt you under the Department of Homeland Security’s new “public charge” rule.  Unemployment Insurance, Disability Insurance and Paid Family Leave are earned benefits, not public benefits.

 

This answer was last revised on May 15, 2020.

I’m undocumented. Can I apply for Unemployment Insurance?

People without work authorization currently cannot apply or access Unemployment Insurance or Pandemic Unemployment Assistance.

Undocumented workers in California are eligible for Paid Family Leave and Disability Insurance, so if you or a family member becomes ill and you cannot do your normal work as a result, you can access these benefits.   Undocumented workers in California are also eligible for Workers’ Compensation, if you contracted coronavirus or another illness on the job.

Legal Aid at Work has also compiled a list of private funds that may be able to assist you during this difficult time.  These funds are available at bit.ly/CA-UI4UIs.

 

This answer was last revised on May 15, 2020.

I’m a small business owner. What benefits can I apply for?

You will be able to get Pandemic Unemployment Assistance and you can also qualify for a Paycheck Protection Program loan, which will be forgiven if used on payroll.

Through an executive order, Governor Newsom is offering a free one-year deferral of state sales tax payments of up to $50,000 for California businesses with less than $5 million in taxable sales.

 

This answer was last revised on May 15, 2020.

I have to care for my child who is out of school, which prevents me from going to work. What benefits should I apply for?

If you are still employed but you cannot work because you are caring for a child whose school or place of care has closed, you are entitled to up to 12 weeks of paid leave, so long as your employer has fewer than 500 employees.  When you take leave, your employer only has to pay you 2/3 of your normal pay, up to $200 per day.  Although this time is paid by your employer, your employer can get reimbursed by the Federal government.

If you no longer are employed, you should be eligible for Pandemic Unemployment Assistance.  You may also be eligible for Unemployment Insurance.  You can apply for both programs at uio.edd.ca.gov.

 

This answer was last revised on May 15, 2020.

I’m sick or quarantined. What benefits can I apply for?

If you are still employed but you cannot work because you are sick with COVID-19, you are entitled to up to 2 weeks of sick paid leave under federal law, so long as your employer has fewer than 500 employees.  Although this time is paid by your employer, your employer can get reimbursed by the Federal government.  You are also entitled to at least 3 days of sick pay under California law, and more if you work in Los Angeles, San Diego, San Francisco, Oakland, Berkeley, Emeryville and some other cities in California.

 

You are also likely eligible for Workers’ Compensation if you have become sick with COVID-19.

 

If you are no longer employed, or exhaust your sick days, you can apply for Disability Insurance if you:

• – are unable to do your regular or customary work or complete your normal schedule due to a non-work-related illness, injury, or pregnancy, including medical quarantine or illness related to COVID-19 (certified by a medical professional or public health officer), and
• – have earned at least $300 during the ‘base period.’  For claims filed between April 2020 and June 2020, the base period is from January 2019 through December 2019.  For claims filed between July 2020 and September 2020, the base period is from April 2019 through March 2020.

 

You are may also be eligible for Pandemic Unemployment Assistance, although you cannot access these benefits at the same time.  People not working for the following reasons may be eligible for Pandemic Unemployment Assistance:

• You have been diagnosed with COVID-19 or have symptoms of it and are seeking diagnosis;
• a member of you household has been diagnosed with COVID-19;
• You are providing care for someone diagnosed with COVID-19;
• You are providing care for a child or other household member who can’t attend school or work because it is closed due to COVID-19;
• You are quarantined or have been advised by a health care provider to self-quarantine;
• You were scheduled to start employment and do not have a job or cannot reach their place of employment as a result of a COVID-19 outbreak;
• You have become the breadwinner for a household because the head of household has died as a direct result of COVID-19;
• You had to quit your job as a direct result of COVID-19;
• Your place of employment is closed as a direct result of COVID-19; or
• You meet other criteria established by the Secretary of Labor.

This answer was last revised on May 15, 2020.

I’m caring for someone who is sick or quarantined. What benefits can I apply for?

If you are still employed but you cannot work because a family member is sick with COVID-19, you may be entitled to up to 2 weeks of sick paid leave under federal law, so long as your employer has fewer than 500 employees.  Some cities in California have provided similar protections for workers who work at companies with over 500 employees or are otherwise not covered by federal law.    When you take leave, your employer only has to pay you 2/3 of your normal pay, up to $200 per day.  Although this time is paid by your employer, your employer can get reimbursed by the Federal government.  You are also entitled to at least 3 days of sick pay under California law, and more if you work in Los Angeles, San Diego, San Francisco, Oakland, Berkeley, Emeryville and some other cities in California.

You can also for Paid Family Leave if you:

• are unable to do your regular or customary work or complete your normal schedule because you are caring for an ill or quarantined family member with COVID-19 (certified by a medical professional) or to bond with a new child, and
• have earned at least $300 during the ‘base period.’  For claims filed between April 2020 and June 2020, the base period is from January 2019 through December 2019.  For claims filed between July 2020 and September 2020, the base period is from April 2019 through March 2020.

You are may also be eligible for Pandemic Unemployment Assistance if you are deemed ineligible for Paid Family Leave.

I’m in the process of applying for Unemployment Insurance.

How is UI calculated?

Calculating how much you will receive each week on unemployment is complicated, and depends on your prior earning and how much you worked during any given week while eligible for benefits.  Benefits, before deductions for earnings in a given week, range from $40 to $450 a week.  From April to July 2020, anybody eligible for benefits will get an additional $600 each week.

Here is a more detailed explanation:

The amount you receive each week in benefits will be your Weekly Benefit Award, less 3/4ths of the amount you earn while receiving benefits.  Weekly Benefit Award is based on how much you earned during the highest quarter during your base period, which is a year-long period during the last 15-18 months. In California, the Weekly Benefit Award ranges from $40 to $450.  If you work part-time in a given week, you will receive less benefits.  Your Weekly Benefit Award is usually subtracted by 3/4th the amount of your wages that week.  For example, if you earn $100 in a given week, you will receive $75 less in benefits.  If you earn $400 in a given week, you will receive $300 less in benefits.

Importantly, if you earn more than 4/3 times your Weekly Benefit Award amount in a given week, you will become ineligible for benefits.  For example, if you Weekly Benefit Award is less than $301, you will not be eligible for benefits if you earn $400 that week.

Amount of Wages in Highest Quarter	Weekly Benefit Award	Maximum Earnings to Remain Eligible
$1,196.00 – $1,221.99	$50.00	$66.66
$2,574.01 – $2,600	$100.00	$133.33
$3,874.01 – $3,900.00	$150.00	$200.00
$5,174.01 – $5,200.00	$200.00	$266.66
$6,474.01 – $6,500.00	$250.00	$333.33
$7,774.01 – $7,800.00	$300.00	$400.00
$9,074.01 – $9,100.00	$350.00	$466.66
$10,374.01 – $10,400.00	$400.00	$533.33
$11,674.01 and over	$450.00	$600.00

Between April and July 2020, most people who are eligible for unemployment insurance benefits will receive an additional $600 in benefits.  Some non-citizens may not be eligible for the additional $600.  Importantly, if your weekly earnings make you ineligible for your regular unemployment insurance, you cannot get the additional $600.  For example, if you earned $400 in a week, and had a Weekly Benefit Award of $300 or less, you would not be eligible for unemployment. receive the additional $600.

 

This answer was last updated on May 15, 2020.

What documents do I need to apply?

Personal Information:

• Social Security Number
• Drivers license or state ID
• In you’re not an American citizen, immigration documentation, such as a Permanent Resident Card or the Resident Alien Card (I-551), an Employment Authorization Card (I-766), a Reentry Permit (I-327) or the Refugee Travel Document (I-571)

Unemployment Insurance Information:

• Date of the last time you filed for unemployment insurance (if applicable)

Employment Related Documents:

• Total earnings for your last week of work, starting on Sunday (e.g. March 8-March 14, 2020, March 15 – March 21, 2020)
• Last paystubs and W-2s from last employer (or 1099s if you believe you were improperly paid as an independent contractor)
• Last paystubs and W-2s from other employers you have worked for in the last 18 months (or 1099s if you believe you were improperly paid as an independent contractor)
• Note: If you were misclassified as an independent contractor (received a 1099), were paid in cash, or your employer didn’t deduct payroll taxes out of your wages, your application will take longer to process. You will likely need to gather additional proof of how much you earned over the last 18 months.

 

This answer was last updated on May 15, 2020.

How do I answer the “reason for no longer working” question in section 2?

The application asks you in section 2 for the “Reason No Longer Working.”  If you are not working because your workplace closed or laid off staff because of the coronavirus, select “Laid Off/No Work.”  Do not select “Fired/Terminated” if you were laid off because of the coronavirus.

 

This answer was last updated on May 15, 2020.

How do I answer the “provide wages earned by employer” question in section 3?

Question 7 asks you to “provide wages earned from the employer” for the last year and a half.  These estimates are especially important if you were paid in cash, if your employer didn’t pay payroll taxes, or your employer classified you as an independent contractor.  If you are in this situation, you will likely need to mail or fax evidence of your earnings to EDD after you receive a Notice of Award.  Evidence of past earnings could include a 1099, screenshots of apps showing your earnings, and bank account statements.

 

This answer was last updated on May 15, 2020.

How do I answer the “ready and willing to work” question in section 4?

To be eligible for unemployment benefits, you have to be “ready and willing” to work.  In section 4, the EDD will ask you: “Are you ready and willing to accept work that matches your work skills and educational background? (Example: If offered a job, would you be able to accept it?)”

Answer YES to that question, even if there may be limitations that prevent you from accepting some jobs, such as having to take care of a child who is not currently going to school.

 

This answer was last updated on May 15, 2020.

If I’m paid in cash or my employer did not pay payroll taxes, how do I prove my earnings?

You will need to request that the Employment Development Department do a wage audit.  The easiest way to request a wage audit The best way is to log in to your UI Online account after you have registered.  First, select Contact Us.  Select “Claim Questions” under the Question Category dropdown menu. Then select “Missing Wages from Claims” from the Question Topic dropdown menu.  Briefly state why EDD does not have your wage information and then click submit.  For example, you could write: “I worked at a restaurant called XXXXXX Restaurant at XXXX Montgomery Street, San Francisco, CA, 94104.  I was paid by check, but the owner did not pay payroll taxes.  According to my records, I received $35,000 in compensation in 2019.”

You can also write a similar letter and mail it into the address provided by the Employment Development Department on the Notice of Award.

 

This answer was last updated on May 15, 2020.

If I was misclassified as an independent contractor, how do I prove my earnings?

You will need to request that the Employment Development Department do a wage audit.  Detailed instructions are available HERE.

 

This answer was last updated on May 15, 2020.

I have some additional questions about applying.

Does it matter if I choose to receive a check or a debit card?

Unless you affirmatively choose to get paper checks, you will get paid by debit card.  The debit card option is better for most people, because it is processed faster than the paper checks.

 

This answer was last updated on May 15, 2020.

I’m having trouble using the EDD website, can you help?

The EDD also has prepared videos in multiple languages that might help you out.  They can be accessed at the below links.  More videos are available here.

• How to make an account: https://youtu.be/-00AJjsrLjwEnglish | Cantonese | Mandarin | Spanish | Vietnamese
• How to file a claim: English | Cantonese | Mandarin | Spanish | Vietnamese
• Certify for Continued Benefits: English | Spanish
• Certify for Continued Benefits with UI Online Mobile: English | Cantonese | Spanish
• Reopen Your Claim: English | Cantonese | Mandarin | Spanish
• Report Wages and Earnings: English | Spanish
• Ask a Question Through Your UI Online Account: English

 

This answer was last updated on May 15, 2020.

I submitted my application, but still have some questions.

I’m trying to figure out what the timeline looks like.

A realistic wait time is 21 days to a month, unfortunately.  If your company did not pay payroll taxes on your earnings, or you were misclassified as an independent contractor, it will take longer to process your claim.

 

This answer was last updated on May 15, 2020.

I received a notice of determination saying that I was not eligible for unemployment benefits.

You will receive a letter from EDD titled “Notice of Determination” stating that you are not eligible.  You will also receive an Appeal Form.  An English and Spanish version of the Appeal Form is available HERE.  Fill out the Appeal Form and state in the text box asking why you are appealing: “I disagree with the decision. I wish to appeal.”  Mail the Appeal Form within 30 days to the address listed on the Notice of Determination.

 

This answer was last updated on May 15, 2020.

I’m looking for additional support to tide me over before I receive unemployment.

You may be able to access additional help from the government and private organizations if you have lost work or income because of the pandemic.

• To apply for CalFresh, California’s SNAP program, go to http://mycalfresh.org.
• If you need health coverage right away, you should apply for MediCal and see if you are eligible for assistance in getting private insurance at Covered California’s website.
• You can find a food bank near you at the California Association of Food Bank’s website.

Many utility companies, including PG&E, Edison, SDG&E and the Southern California Gas Co., have agreed to not shut off customers’ utilities for lack of payment during the pandemic. If you need to prioritize bills, consider delaying payment on your utilities bills. Consult your utility company for additional information.

You may also be able to learn about more resources in your area by dialing 311. For more information on possible benefits you can access, we recommend Western Center on Law & Poverty’s guide, available at https://wclp.org/covid-19-coronavirus-information-response-and-considerations/.

 

This answer was last updated on May 15, 2020.

My work hours changed after I already applied, or I entirely lost my job after my hours were reduced.

If you applied for Unemployment Insurance because your hours were reduced, but you were subsequently completely furloughed, this change will likely not affect your eligibility for benefits.  You should honestly report how much you earn each week.

 

This answer was last updated on May 15, 2020.

I got more work after applying for unemployment.

If you received more work since applying, you may become ineligible.  You should honestly report your earnings when certifying for benefits.

 

This answer was last updated on May 15, 2020.

I need to update or correct something on my application.

You should try using the “Contact Us” section of UIOnline.

 

This answer was last updated on May 15, 2020.

I’m trying to get in touch with EDD by phone, but can’t reach them.

We know that it is incredibly difficult to reach the Employment Development Department at this time.

 

You may be able to answer some of your questions by reviewing the Department’s COVID-19 page, as well as the Frequently Asked Questions pages for COVID-19 FAQs and Pandemic Unemployment Assistance FAQs.

 

 

You can ask Department staff a question online at askedd.edd.ca.gov or at the “Contact Us” tab once you log in to UIOnline at uio.edd.ca.gov.  The EDD website also has a new EDD chat feature on the website that may help.

If you try to call EDD, make sure you are calling the right number.  As of April 29, 2020, the EDD had two separate call centers:

• For general and technical information, you can call 1-866-333-4606 between 8 a.m. and 8 p.m., every day of the week.
• For support related to your specific claim, call 1-800-300-5616 between 8 a.m. and 12 p.m., Monday through Friday.

For the most up to date information on how to call EDD, check the Department’s Contact Us page on its website.

This question was last updated on April 29, 2020.

I earned money after submitting my application. What should I do about these earnings?

You should report income you earn after applying when you certify for benefits. Best to do that online or by Tele-Cert at 1-866-333-4606.  More questions about certification can be found below.

If you were paid money from work you performed before applying for unemployment insurance, you should not report this income when certifying for benefits.  But you should keep records so that you can prove this income was earned before you applied for unemployment insurance.

This question was last updated on May 18, 2020.

How does all of this relate to the “stimulus checks” that I’ve been hearing about? When should I expect that?

The $1200 stimulus checks are separate from Unemployment Insurance and other earned benefits.  Getting a stimulus check will not affect your ability to receive Unemployment Insurance or other benefits.

More information about the stimulus checks can be found at IRS.gov.

I started receiving unemployment insurance, but have questions about what I still need to do now.

Do I still have to submit bi-weekly certifications to continue receiving unemployment?

Yes.  You should certify for benefits online at uio.edd.ca.gov or using Tele-Cert at 1-866-333-4606 if possible.  If not, you can certify via mail.

How do I certify for benefits?

You should certify for benefits online at uio.edd.ca.gov or using Tele-Cert at 1-866-333-4606 if possible.  If not, you can certify via mail using the form with the letters “DE 4581” on the lower left corner of the form.

When I certify for benefits, the form asks me: “Was there any reason (other than sickness or injury) that you could not have accepted full-time work each workday?” How should I answer this question?

You should answer No if nothing in your personal control prevented you from being able to accept work.  You can answer No even if you could not find full-time work because the industry you work is non-essential.

You should answer Yes if you are unable to accept work because, for example, you went on vacation for the week.

When I certify for benefits, the form asks me: “Did you work or earn any money?” How should I answer this question?

You should answer No if you did not earn any money or work for compensation during a given week.  For example, you should answer No for a given week if you did not work that week, even if you were paid wages from a prior week,

You should answer Yes if you worked for compensation or earned money in a given week, even if you were not paid during that same week.  For example, if an employer promised to pay you $20 an hour, and you worked from 9 a.m. to 1 p.m., you earned $80, even if your employer told you he would pay you at the end of the next payroll period.

I’m on unemployment insurance, but now I have gotten sick, and I am too sick to work. What should I do?

If you have become too sick to work, you can apply for State Disability Insurance for the time that you are not able to work.  If you are not eligible for Unemployment Insurance, your claim might be closed.  Once you are able and available to work again, you can reopen your Unemployment Insurance claim.

 

This answer was last revised on May 15, 2020.

Disclaimer

This Fact Sheet is intended to provide accurate, general information regarding legal rights relating to employment in California. Yet because laws and legal procedures are subject to frequent change and differing interpretations, Legal Aid at Work cannot ensure the information in this Fact Sheet is current nor be responsible for any use to which it is put. Do not rely on this information without consulting an attorney or the appropriate agency about your rights in your particular situation.