Recently, the Employment Development Department (EDD) revised publication DE 1857D Notice to Employees Unemployment Insurance Benefits.
California employers should know that most employers are not affected by this change because most California employers are required to post form DE 1857A, not form DE 1857D.
California employers must inform employees of their rights under the state unemployment insurance (UI) programs. Most employers that are obligated to contribute to the state UI program are also subject to the state disability insurance program (SDI) and the paid family leave program (PFL).
As a result, employers subject to all three programs must post notice DE 1857A in a prominent location that is easily seen by employees. This accounts for the majority of private employers in California. For more information on whether you are required to contribute to these programs visit the EDDs website.
However, some California employers are subject to UI only -- not SDI and PFL.? Employers that are subject to UI only must post form DE 1857D, as revised. Employers subject to SDI and PFL only, not UI, must post form DE 1858.
The recent revision to form DE 1857D clarifies that the phrase employees of educational institutions is meant to apply to employees of both public and nonprofit educational institutions. The actual change to the 1857D poster is that the wording now includes an addition of the word nonprofit, as underlined below:
Employees of Educational Institutions: Unemployment Insurance benefits based on wages earned while employed by a public or nonprofit educational institution may not be paid during a school recess period if the employee has reasonable assurance of returning to work at the end of the recess period (California Unemployment Insurance Code Section 1253.3). Benefits based on other covered employment may be payable during recess periods if the unemployed individual is in all other respects eligible, and the wages earned in other covered employment are sufficient to establish an unemployment insurance claim after excluding wages earned from a public or nonprofit educational institution(s).
The revised form DE 1857D is available on the EDDs website.
By: Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel
California employers should know that most employers are not affected by this change because most California employers are required to post form DE 1857A, not form DE 1857D.
California employers must inform employees of their rights under the state unemployment insurance (UI) programs. Most employers that are obligated to contribute to the state UI program are also subject to the state disability insurance program (SDI) and the paid family leave program (PFL).
As a result, employers subject to all three programs must post notice DE 1857A in a prominent location that is easily seen by employees. This accounts for the majority of private employers in California. For more information on whether you are required to contribute to these programs visit the EDDs website.
However, some California employers are subject to UI only -- not SDI and PFL.? Employers that are subject to UI only must post form DE 1857D, as revised. Employers subject to SDI and PFL only, not UI, must post form DE 1858.
The recent revision to form DE 1857D clarifies that the phrase employees of educational institutions is meant to apply to employees of both public and nonprofit educational institutions. The actual change to the 1857D poster is that the wording now includes an addition of the word nonprofit, as underlined below:
Employees of Educational Institutions: Unemployment Insurance benefits based on wages earned while employed by a public or nonprofit educational institution may not be paid during a school recess period if the employee has reasonable assurance of returning to work at the end of the recess period (California Unemployment Insurance Code Section 1253.3). Benefits based on other covered employment may be payable during recess periods if the unemployed individual is in all other respects eligible, and the wages earned in other covered employment are sufficient to establish an unemployment insurance claim after excluding wages earned from a public or nonprofit educational institution(s).
The revised form DE 1857D is available on the EDDs website.
By: Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel