What is the difference between a termination, a layoff, a reduction in hours, and a furlough for faculty and non-classified staff?
  • A termination is a complete termination from employment.
  • A layoff is a complete termination from employment occurring through no fault of the employee. (In the context of unions, the term layoff is used to refer to a termination where there is a possibility the employee may be called back to work. The university does not use the term layoff in this manner). 
  • A reduction in hours is a reduction in hours or percentage of time appointment. There is still an employment relationship between the university and the employee.
  • A furlough is temporary unpaid leave. There is still an employment relationship between the university and the employee. A furlough may be voluntarily requested or mandated by the president or a chancellor when budgetary circumstances require a specific reduction in personnel costs. Furloughs can be taken in daily, weekly or monthly increments. 
     
Am I eligible for unemployment benefits if:
  • I work part time and my employer reduced hours to zero for the next 30 days.
    • Yes, if you are working fewer than 32 hours a week and earning less than the weekly amount of unemployment benefits pay (approximately 55 percent of your average wage over a 12-month time period), you may receive unemployment benefits.
  • I work for a department that was placed on furlough closed for one week a month.
    • Yes. If you are not working, for any amount of time under 32 hours a week, you can file a claim (or reopen a claim you filed in the last 12 months if money remains on the claim). 
  • I work for a college full time and my hours were reduced.
    • Yes, if you are working fewer than 32 hours a week and earning less than the weekly amount that unemployment benefits pay (approximately 55 percent of your average wage over a 12-month time period), you may receive unemployment benefits.
  • I was laid off from my position.
    • Yes. If you are not working, you can file a claim (or reopen a claim you filed in the last 12 months if money remains on the claim). 
       
Are student employees eligible to receive unemployment?

Yes, for some form of benefits. Under state law, students of the university who are working for the university are exempt from unemployment. However, under the CARES Act, it is likely that students would be eligible for Pandemic Unemployment Assistance.

Are temporary employees and working retirees eligible for unemployment benefits?

Yes. Temporary and working retirees are eligible to apply for unemployment benefits.

Is a furloughed employee eligible for unemployment benefits?

Yes. See the Colorado Department of Labor and Employment Employer FAQs. 

If an employee’s hours are reduced, is the employee eligible for unemployment benefits?

Yes. See the Colorado Department of Labor and Employment Employer FAQs.

How do I file a claim?

An employee should file a claim on the Colorado Department of Labor and Employment's file a claim page.

How long before I receive unemployment?

It may take as little as 2 weeks but as many as 6 weeks to complete the processing, depending on how many employers are a part of the claim. Signing up for direct deposit may reduce wait times as well.

Will I still be eligible for unemployment benefits if I am furloughed? Am I considered job attached?

Yes. An employee who has been temporarily laid off or furloughed should file an unemployment claim and indicate that he or she expects to return to work within 16 weeks, which would make them job attached.

As long as an employee is working fewer than 32 hours a week and earning less than the weekly amount that unemployment benefits pay (approximately 55 percent of your average wage over a 12-month time period), the employee may receive unemployment benefits for 16 weeks, even though the employee is considered job attached.

Am I expected to search for a job if I have been furloughed or laid off?

It depends on how long the furlough lasts, which determines whether an employee is considered job attached. Job attached means that an employee is expected to return to their most recent employer after a separation of up to 16 weeks. If you are job attached, your work-search requirements will be waived, but you must be available to return to work during this time frame. Normally, if the employee is furloughed for longer than 16 weeks, the work-search requirements are not waived. However, during the COVID-19 pandemic, the state is waiving the requirement to perform work-search activities. The furloughed or laid off employee must still register for work at connectingcolorado.com or with a local workforce center if the office is accepting in-person customers.

Does the university have to pay employees their leave balances when it furloughs or temporarily lays them off?

No. If the employer plans to bring its employees back to work, they are not required to pay PTO or vacation pay.

Can the University require its employees to take vacation time or PTO?

It depends. If an employee is placed on furlough, they may not apply any leave accruals. However, if an employee has been placed on other types of leave, an employer may require employees to take vacation time or PTO. If an employer pays them for this time, it may affect when unemployment benefits can start.

How long can I receive benefits for?

The normal benefit period can typically extend to a maximum of 26 weeks. Under the CARES Act, an employee is also eligible for an additional 13 weeks of coverage; for a total of 39 weeks of benefit. In general, this allows unemployment insurance to pay an additional 13 weeks of unemployment benefits to individuals who have run out of regular unemployment benefits. An employee must be able to work and available to accept work. This extra 13 weeks of benefits (39 weeks in total) currently only lasts through December 31, 2020; at which point it will reduce back to the standard state maximum of 26 weeks in total.

How much does unemployment pay?

Unemployment benefits are approximately 55 percent of a person's average weekly wage over a 12-month time period. Please use the Colorado Claims Sytem calculator to estimate your potential payments. $618 a week is the maximum cap for unemployment insurance benefits in the state of Colorado. Further, as long as the employee is eligible for state unemployment benefits, the employee is eligible for an additional $600/week from the CARES Act, for an additional 13 weeks or until July 31st, whichever is first.

If I work a few hours a week, can I still receive federal and state aid?

For unemployment insurance, you may still receive partial benefits if you are working fewer than 32 hours a week and earning less than the weekly unemployment benefit amount. You must report all hours worked and earnings, including tips, for the hours worked when you request payment of unemployment benefits.

Is the new $600/week per the CARES Act a cap or does everyone receive an additional $600/week?

If you are eligible for unemployment insurance benefits and earning less than the weekly amount of unemployment benefits pay (approximately 55 percent of your average wage over a 12-month time period), you are eligible to receive the additional $600 from the CARES Act in addition to state unemployment benefits. As long as an employee is eligible for unemployment benefits, regardless of salary level or amount of unemployment benefit, they are eligible to also receive the full $600 CARES benefit. This additional CARES benefit is retroactive to March 29th and individuals who received state unemployment benefits starting that week will receive back pay.  However, the additional $600 CARES benefit is currently only funded through July 31st, no matter when the employee goes on unemployment. After that, maximum benefits will return to the regular payments of a maximum of $618 per week.

Will my unemployment benefits be taxed?

Yes, unemployment benefits are considered income and are taxable. This includes both the state benefits and the $600 paid through the CARES Act. Employees can elect to have taxes withheld from their payments.

If employees drop below a 50-percent appointment, are they eligible to continue receiving 401(a) retirement contributions?

No. The eligibility rules are set by the Regents and incorporated into the 401(a) plan documents. An employee may contribute at any time to the voluntary retirement plans (i.e. University of Colorado 403(b), PERA 401(k), or PERA 457).

Are employees on unpaid leave or furlough eligible to continue receiving 401(a) retirement contributions?

Yes, but not for the time the employee is on furlough. Retirement contributions are based on compensation. If the employee is not receiving compensation, there is no contribution. However, because an employee may be on furlough for one day or multiple days per month, the employee would receive retirement contributions for the compensation received for the days the employee was not on furlough. For example, an employee is furloughed for one day during the month of April. The employee would receive retirement contributions on the compensation received for the days the employee was not furloughed. The employee would receive no compensation for the furlough day and because there was no compensation for that day, there would not be retirement contributions for the furlough day. For more information, see the CU Employee Services Retirement Plans page.

PERA contribution rates can be found on the Colorado PERA site. Note: rates will be increasing on July 1, 2020.

Can the University continue to pay for their portion of employee’s health, dental, and life benefits?

Yes, at this time, the University will continue to pay for employees’ health care benefits. It will not have an impact on their unemployment benefits because it is not counted as earnings.

Are grants from the CU Boulder Staff and Faculty Emergency Fund, a fund created to support staff and faculty experiencing an emergency situation that creates a financial hardship, taxable? Effect unemployment?

No, as long as the program is properly structured. In general, if payments from an employer to an employee are made to reimburse or pay reasonable and necessary personal, family, living, or funeral expenses incurred as a result of a qualified disaster, and the expenses are not compensated for by insurance or otherwise, then the payments are not considered compensation. 26 U.S. Code § 139.

Are non-citizens eligible for unemployment?

Green Cards

  • As true for citizens, green card holders can only receive unemployment benefits if they lost their job through no fault of their own. If you get laid off due to budget cuts or lack of work, you may receive unemployment benefits.

Visas

  • As a practical matter for foreign workers, that means in most cases that only people who are able to work for any employer without sponsorship would be eligible. In other words, you can probably collect unemployment benefits only if you:
  1. have work authorization (an employment authorization document or EAD card) at the time you apply for the benefits
  2. held valid work authorization during the time of your employment, the “base period,” and
  3. continue to have valid work authorization throughout the time you collect benefits.

This leaves many situations in which the loss of a job or even the expiration of a worker’s authorization could ruin eligibility. In such circumstances, it's best to contact an attorney for help.

  • If you are in the U.S. on a visa that's tied to your employment, such as an H-1B or L-1 visa, you could be facing loss of status along with loss of your job. That means you will have to leave the U.S. soon, unless you find new employment or are able to change your status.
    • For example, if you are in H-1B status and lose your job, you will likely not qualify for unemployment benefits because your work authorization is tied to a specific sponsor (employer), and you are not immediately available for reemployment.
  • However, there are foreign-born persons who have a work authorization based on a separate status, not on a particular employer.
    • For example, an H-4 spouse with work authorization would likely qualify for unemployment benefits, because the H-4 EAD allows its holder to work for any United States employer immediately.
       
What should I write on the Unemployment application form when it asks for my Colorado Employer Mailing Address?

Employees should ensure the Colorado Employer Mailing Address is listed as:

1800 Grant St.
Denver, CO 80206
 

What should I write on the Unemployment application form when it asks for my Colorado Employer Physical Address?

Employees should Google search for their campus building address or default to the CU Boulder HR address:

UCB 565
3100 Marine St.
Boulder, CO 80309
 

What other resources exist?