SS+D COVID-19 Response Team: Unemployment Q&A for the “Non-Employee” March 30, 2020

The Temporary Pandemic Unemployment Assistance Program Is Applicable to Individuals Not Otherwise Eligible for Unemployment Compensation.

The Temporary Pandemic Unemployment Assistance Program (“TPUAP”) created by the CARES Act provides separate coverage to individuals who otherwise do not qualify for unemployment compensation. The following is a brief explanation of who is eligible and the benefits being provided:

Q: WHO IS ELIGIBLE FOR TPUAP PAYMENTS?
TPUAP payments are available to those not traditionally eligible for unemployment benefits, including self-employed, independent contractors, gig economy workers, and freelancers. Individuals are not eligible for TPUAP payments if they have the ability to telework with pay or are receiving paid sick leave or other paid leave benefits.

Q: WHEN ARE ELIGIBLE WORKERS COVERED BY THE TPUAP?
The CARES Act states that a “covered individual” includes anyone who self-certifies they are able and available to work but is unemployed or partially unemployed due to any of the following:

• An employee diagnosed with COVID-19.
• An employee experiencing symptoms of COVID-19 and seeking a medical
• An employee who is unable to work because a health care provider has advised the individual to self-quarantine due to COVID-19
• An employee who is unable to reach the place of employment because of a quarantine imposed as a direct result of COVID-19.
• An employee who has a member of the household who has been diagnosed with COVID-19.
• An employee whose place of employment is closed as a direct result of COVID-
• An employee providing care for a family member or household member who has been diagnosed with COVID-19.
• An employee who is the primary caregiver for a child or other person in the household who is unable to attend school or another facility as a direct result of COVID-19.
• A person who was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of COVID-19.
• The individual who has become the primary support for a household because the head of household has died as a direct result of COVID-19.
• A former employee who has to quit their job as a direct result of COVID-19.

Q: IS THERE A WAITING PERIOD TO RECEIVE TPUAP PAYMENTS?
The traditional one week waiting period is waived, thus paying recipients as soon as they become unemployed.

Q: WHAT BENEFITS ARE BEING PROVIDED BY THE TPUAP?
Covered individuals will receive $600 per week.

Q: HOW LONG WILL AN INDIVIDUAL RECEIVE TPUAP PAYMENTS?
TPUAP payments are available for the duration of the covered individual’s period of unemployment, partial unemployment, or inability to work, beginning retroactively on January 27, 2020, and ending on December 31, 2020, up to a maximum of 39 weeks.

ABOUT THE SS+D COVID-19 RESPONSE TEAM
The SS+D COVID-19 Response Team was formed to provide clients, colleagues, and friends of the Firm updates for the foreseeable future on COVID-19 issues facing businesses, executives, and employees. Please let us know if there are any items/issues you would like for us to track or summarize.