Explaining Executive Order 1510
Below is an explanation of the provisions of Executive Order 1510, which was issued by the Governor on July 24, 2020. The provisions are set forth below to provide clarification on certain points:
- This new Executive Order replaces Executive Order 1502 that was signed by the Governor on June 26, 2020.
- Normally, there is a one-week waiting period after you are deemed eligible for unemployment compensation (or “benefits”) before you can be paid benefits. This means that under normal circumstances, you would not receive benefits for the first week after you file your claim. However, due to the COVID-19 Emergency, anyone who files a claim for benefits between March 8, 2020, and December 26, 2020, will be eligible to receive benefits the first week of their claim, without having to wait an extra week.
- In order to receive federal emergency administrative grant money, MDES must require all employers to provide notification of the availability of unemployment compensation to each employee individually at the time of separation of employment.
Click here to view the Executive Order 1510 signed on July 24, 2020.
Frequently Asked Questions
Q: I lost my job due to the COVID-19 Pandemic. Am I still qualified for unemployment after September 26, 2020?
A: Yes, if you certified that you lost your job due to the COVID-19 pandemic, you may still be qualified for unemployment after September 26. Determinations of eligibility will be made on a case-by-case basis.
Q: I am currently working part-time and earning $100 each week which I report on my weekly certifications. In past weeks I have been able to receive my full weekly benefit amount of $235 in addition to my part time earnings. With expiration of the $200 earnings allowance provision in Executive Order 1510, how will this affect my weekly benefits for the week ending October 3,2020 forward?
A: For the week ending October 3, 2020 and forward, any earnings above $40 will be deducted from your weekly benefit amount. For example, if you report $100 in earnings, MDES will deduct $60 from your weekly benefit amount resulting in a partial payment of benefits for that week totaling $175. You should continue to report your hours worked and the gross pay for those hours in the same manner and the appropriate deductions will be made.
Below is an explanation of the expired provisions of Executive Order 1502 and 1510, which was replaced by Executive Order 1510 on July, 24, 2020.
Normally, to become eligible for benefits, you must conduct an active work search each week and the details of this work search must be provided on weekly certifications. However, due to the COVID-19 emergency, the work search requirement was suspended from March 8, 2020 until August 8, 2020. Effective August 9, 2020 and beginning with the weekly certification for the week ending August 15, 2020, the weekly work search requirement was reinstated. Therefore, weekly benefits are subject to denial for weeks in which an adequate work search was not conducted. This provision has expired.
Normally, to become eligible for benefits, you must show that you are physically able and available for full-time work. These requirements were temporarily relaxed for claims filed beginning March 9, 2020 through September 26, 2020 in consideration of the COVID-19 emergency. Effective September 27, 2020 and beginning with the weekly certification for the week ending October 3, 2020, the requirement that an individual be physically able and available for full-time work in order to be eligible for regular unemployment benefits will resume. Therefore, weeks in which an individual is not able and available for work will be subject to investigation and denial. Eligibility will be determined on the specific details of each case. This provision has expired.
Normally, MDES law allows up to $40 in earnings prior to deductions being made to a claimant’s weekly benefit amount. This allowable earnings amount was increased to $200 for weeks of unemployment beginning May 3, 2020 and ending September 26, 2020 to aid Mississippians in the reopening and reemployment process amidst the COVID-19 pandemic. Effective September 27, 2020 and beginning with the week ending October 3, 2020, the standard $40 earnings allowance will resume. This means any earnings in excess of $40 will be deducted from the weekly benefit amount and that gross earnings totaling $40 more than the weekly benefit amount will be considered excessive earnings for that week. During weeks of excessive earnings, the individual will not be entitled to a benefit payment. This provision expired.
Normally, Employer contributions are due on or before the last day of the month that follows the end of each quarter. However, due to the COVID-19 Emergency, First Quarter contributions will not be due until July 31, 2020. This provision expired.
Normally, Employers must timely file wage reports and timely pay contributions or suffer penalties. However, Employers affected by COVID-19 will not be penalized for any late filed reports or late contribution payments until July 31, 2020. This provision has expired.
Normally, MDES must determine eligibility for benefits based on job separations occurring throughout the eighteen months preceding the effective date of an unemployment claim. The exceptions to this being job separations after which there is evidence of subsequent employment and earnings totaling at least eight times the established weekly benefit amount. In response to the COVID-19 emergency, this requirement was relaxed so that eligibility would be determined on the most recent job separation only for claims filed between March 8, 2020 and September 26, 2020. Effective with claims filed September 27, 2020 and later, MDES will resume determining eligibility based on all job separations occurring in the eighteen months preceding the effective date of a claim. This provision has expired.