Personnel
Unemployment Compensation (6.39)
PURPOSE
The purpose of this policy is to ensure compliance with the
provisions of the Tennessee Employment Security Act of the Tennessee
Code Annotated.
POLICY
It is the policy of Tennessee State University to provide
unemployment compensation benefits as provided by the State of
Tennessee.
PROCEDURE
In order to establish a benefit year and receive benefits
for total unemployment, an individual must file a claim at a local
claims office of the Department of Employment Security, register
for work and furnish certain information, including:
1. Name, address, social security number.
2. Name and address of last employer and any previous employers
during the last six months.
3. Reason for separation.
Reasons for a claimant's separation from his most recent employment
are carefully reviewed. If the separation notice indicates separation
was for reasons other than "lack of work," further fact
finding becomes necessary.
In order to establish a benefit year, an individual must file
a request for and receive a determination of eligibility as a
fully insured worker. To establish eligibility the employee must
have been paid wages for insured work in a base period equal to
36 times the weekly benefit amount and must have been paid wages
in at least two quarters of the base period. The employee must
also have no less than $338.01 in the base period quarter in which
the most earnings were made.
The base period is the first four of the last five completed calendar
quarters immediately preceding the effective date of a new claim.
The effective date of the claim is usually the first day of the
week in which claim is filed.
If all of the above requirements are met, the determination also
establishes the weekly benefit amount and the maximum amount of
benefits the claimant may receive during such benefit year.
QUALIFYING FOR BENEFITS
To be eligible to receive benefits an employee must:
1. Be totally unemployed or performing less than
full-time work and earning less than his weekly benefit amount.
2. File a claim for benefits with the Department of Employment
Security.
3. Register for work and continue to report as directed
by the Department.
4. Be able and available for work (unless specifically exempted).
5. Serve a waiting period of one week.
A claim must be filed each week if a worker is to continue to
receive benefits. Continued claims are submitted by mail; however,
each claimant is required to report to the Claims Office periodically
for an Eligibility Review.
Weekly benefit payments are mailed directly to the claimant from
the Central Office in Nashville.
DISQUALIFICATIONS
A claimant may be disqualified from receiving benefits because
of the reason for his separation from employment. The facts pertaining
to the circumstances causing the separation must be clearly established.
The following are the most common disqualifications.
VOLUNTARY QUITS
A person leaving work voluntarily without good cause connected
with his work shall be disqualified for the ensuing period of
unemployment and until the person has secured subsequent employment
covered by an unemployment compensation law of this state or another
state and earned thereby five times the weekly benefit amount.
SICK OR DISABLED
A person forced to leave work due to illness or disabled
shall not be disqualified upon availability for work if the person
(1) presents competent medical proof at being forced to leave
work; (2) notifies the employer of that fact as soon as reasonable
practical to do so; (3) returns to the employer and applies for
work as soon as work capabilities are regained and (4) is able
to perform former duties.
PREGNANCIES
Pregnancy shall be considered on the same basis as any other
disability within the meaning of the Law.
JOINING ARMED SERVICES
A person who leaves his work in good faith to join the armed
forces of the United States shall not be disqualified for unemployment
compensation.
GROSS MISCONDUCT
A worker shall be disqualified for benefits if a discharge
was for reasons which constitute gross misconduct in connection
with his work. The Department is prohibited from making a determination
of benefit rights of an individual based on wages which have been
paid prior to the time of discharge for gross misconduct.
REFERENCE
Tennessee Employment Security Act of the Tennessee Code Annotated