Employee may be eligible for PUA benefits, but it depends

Q         One of our employees has used up his Emergency Family and Medical Leave Expansion Act (EFMLEA) leave and is requesting leave until school reopens in September. Is he eligible for benefits under the Pandemic Unemployment Assistance (PUA) program?

A   In short, it depends. The U.S. Department of Labor (DOL), which administers the PUA program, states “primary caregivers” may be eligible for PUA benefits when they are caring for children who must stay home due to COVID-19-related emergency school or summer childcare closures. On the other hand, if the child’s school is closed for summer break, it’s unlikely the individual will qualify for PUA benefits.

Additionally, to qualify as a primary caregiver, the employee’s children must require “ongoing and constant” attention, leaving him unable to provide childcare and work from home. Therefore, individuals who are parents or guardians of older children who don’t require close supervision, and therefore can work from home, probably won’t qualify for PUA benefits.

The PUA program and other unemployment programs established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act are set to expire at the end of the year. For more information, contact your state unemployment office or visit the DOL website.

Hannah Wurgaft is an attorney with Brann & Isaacson in Lewiston, Maine. You can reach her at hwurgaft@brannlaw.com.