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Sleeping with the 'enemy': Employers urge jobless claims amid COVID-19 layoffs

May 2020 employment law letter
Authors: 
Jennifer D. Sims, The Kullman Firm

Traditionally, employers aren't in the business of giving unemployment advice to their (former) employees. In the wake of the COVID-19 pandemic, however, many employers are going to great lengths to find ways to assist their employees, and in some cases, that includes recommending they apply for unemployment. We have received numerous questions from employers regarding applications for unemployment and wanted to update you regarding the changes made by the Mississippi Department of Employment Security (MDES) and Governor Tate Reeves.

Changes in Mississippi

MDES has recently announced that Mississippi workers who aren't able to work due to COVID-19 are eligible to file for unemployment benefits. In doing so, it has modified its existing unemployment compensation rules to allow an employee to file a claim for unemployment benefits if she is affected because:

  • She was quarantined by a medical professional or a government agency;
  • She was laid off or sent home without pay for an extended period by her employer because of COVID-19 concerns;
  • She is diagnosed with COVID-19; or
  • She is caring for an immediate family member who is diagnosed with COVID-19.

Governor Reeves also signed an Executive Order that implements the following changes:

  • Individuals receiving unemployment benefits aren't required to serve a waiting period for initial claims filed from March 8 through June 27.
  • Work search requirements that normally must be met to be considered eligible for unemployment benefits are suspended from March 21 until June 27.

MDES guidelines

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