Certain industries, such as tourism, fishing and in certain construction trades are seasonal. This means that even successful businesses must lay of some or all of their employees during the slow season. Take for instance concrete mixing companies. In most parts of the United States concrete mixing plants and related business close down during Winter and lay off most of their workers. However, in Spring these same employees will be rehired. Do these workers need to look for work while they are receiving benefits even though they know they will have a job to return to in Spring? This essentially was the question a Pennsylvania business owner asked us this week:

Some of our employees get laid-off during the Wintertime due to the slowness of our business.  This is purely seasonal; because come Spring, they will be back to work for us.  Our question is:
If our employees are seasonal; when they are laid-off do they have to look for other jobs?  Is there some form or letter that can be sent to say that they are seasonal employees?  Please let us know.

This is an excellent question because searching for a job while you are receiving unemployment benefits is part of Pennsylvania’s Unemployment Insurance Active Search for Work requirements. These requirements were changed at the end of the 2011 and unemployed workers must meet new requirements starting from January 2012.

There are three main requirements: register for employment search services with the Pennsylvania Careerlink system within 30 days of filing your application for benefits, search for work every week you file for benefits and keep a record of your work search efforts. In general, if you do not meet one of these requirements you will not be eligible for benefits.

However, there are certain exceptions to these requirements that may be of interest to certain seasonal workers. One of these exceptions applies to workers who have been laid off by their employers due to lack of work but have been told they can return to work within 28 days of their last work day. This means that workers who know they will be without work for less than 29 days do not have to look for another job while they receive benefits. However, seasonal workers who are set to be unemployed for more than 28 days during the slow season must actively search for work or risk the possibility of losing their benefits.

The recent increase in Pennsylvania’s unemployment rate qualified the state for a High Unemployment Period in its Extended Benefits program. However, this period is set to end by February 4, 2012. The Emergency Unemployment Compensation program will also end soon, on August 18, 2012, to be precise. Of course, it is possible these programs are further extended. However, if you are currently receiving unemployment benefits or think you may lose your job in the near future, you should familiarize yourself with the Pennsylvania’s phase out program for unemployment benefits.

 Emergency Unemployment Compensation Phase Out

Eligibility for EUC benefits will depend on the date you exhaust either your state unemployment insurance benefits or your current tier of EUC benefits. As you probably know, the first program available to Pennsylvania workers is the state’s Unemployment Insurance program. The EUC in Pennsylvania is a three tier system: 20 weeks in the first tier, 13 weeks in the second tier and 13 weeks in the third tier. Notice these are maximum weeks of benefits. The number of weeks you qualify for may not be the maximum weeks for each tier.

– Tier 1 of EUC

Only after your exhaust your UI benefits can you apply for EUC benefits. If you exhaust your UI benefits on or before the week ending February 25, 2012, you may apply for tier 1 EUC benefits. This is the first cut-off date for EUC applicants.

– Tier 2 of EUC

You may apply for tier 2 benefits only if you have exhausted your tier 1 benefits by the week ending on March 3, 2012.

– Tier 3 of EUC

You may only apply for tier 3 benefits if you have exhausted your tier 2 benefits on or before the week ending March 3,2012.

This means the last payable week for EUC benefits is August 18, 2012.

Extended Benefits Deadline

The Extended Benefits program has more of a cut-off date than a phase out schedule. Under the current extension of the EB program you could start applying for extended benefits on the week ending on November 12, 2011 and you can continue to receive benefits until February 4, 2012. After February 4, 2012 your extended benefits will stop regardless of whether you have exhausted your benefit weeks or not.

Alternative Benefits

Even if you have exhausted your EUC and EB benefits, you may still qualify for further unemployment benefits. For instance, you may have unpaid benefits left on your state UC claim which were deferred while you were receiving emergency unemployment compensation benefits. You can claim these unpaid weeks through Pennsylvania’s Teleclaims system, also known as PAT.