UPDATE: Georgia's Emergency Rule - First Nonprofit Companies

April 13, 2020

UPDATE: Georgia’s Emergency Rule

As we previously communicated to you on March 20, 2020, the Georgia Department of Labor (GDOL) passed an Emergency Rule requiring employers to file unemployment claims on behalf of their workers impacted by the pandemic. We had limited information at that time, and have been diligently leveraging our partnership with GDOL leadership to obtain more. We have received additional guidance from the agency:

Q. If a contributory OR reimbursing employer complies with this directive, will that employer be completely relieved of any charges associated with claims that are as a result of the COVID-19 public health emergency?

A. Yes. It’s important to note that this directive applies to only temporary lack of work situations.

Q. If an employer does not file temporary unemployment claims on behalf of their impacted employees, what are the consequences to that employer?

A. They could be charged the full amount of benefits paid.

Q. If a worker has already filed his/her own unemployment claim directly with the GDOL, does the employer still need to employer-file it too?

A. In order to receive non-charging, the employer must employer-file the claim – regardless of any action taken/not taken by the worker. If the worker filed a claim directly AND the employer files on their behalf, the employer’s filing will override the claimant’s filing and will provide them with non-charging.

Q. The guidance from the agency (applicable to all employers) refers to “reimbursing for the full amount of UI benefits paid to the employee.” Is that a straight dollar-for-dollar reimbursement?

A. Yes.

Q. If the employer does not file unemployment claims on behalf of their employees, but the employer/Third-Party Administrator responds timely to a request for separation information via SIDES, will the employer still be penalized in the same way as posed in the question above?

A. Yes. The determining factor is whether partial claims are filed by the employer. If this is a permanent separation or it is unknown at this time if this is a permanent separation, claims can be filed by the employee as normal.

Q. Can my Third-Party Administrator handle uploading of employer filed claims to the GDOL website on our behalf?

A. Unfortunately, this process requires account-specific login credentials for each employer. Security protocols do not support sharing of such credentials. Furthermore, we have been advised by the agency that employer filed claims must be uploaded directly by the employer. Any claims uploaded by a Third-Party Administrator do not meet the requirements of the Rule. That being said, we strongly encourage any employer utilizing the employer-filed claim process to provide the spreadsheet to their Third-Party Administrator service team after successfully uploading the information to the GDOL portal. This will allow your service team to better manage any subsequent requests or documents that may be received from the UI agency.

Q. How often do employers need to upload employer filed claims to the GDOL system?

A. These must be uploaded each week in which the company has employees who are partially or completely separated from work due to the pandemic. Click here for a template.

Q. What if employers don’t know the return to work date?

A. In the absence of guidance by the GDOL, we suggest you determine what is best for your company. You can leave the field blank or enter a date 6 weeks out.

Q. What if an employer needs assistance with the transfer of the administrator role to a different associate?

A. Employers in need of access assistance should complete the GDOL Admin Change 52819 form and submit it to the GDOL pursuant to the instructions.

Q. Where do employers go for more information about this process?

A. Details can be found on the GDOL website by clicking on this link: https://dol.georgia.gov/blog/new-information-filing-unemployment-partial-claims-and-reemployment-services

Employers who wish to provide feedback related to the employer filed claims procedure should contact Mark Butler, GDOL Commissioner. This link will take you to the GDOL’s “Email the Commissioner” page. https://dol.georgia.gov/email-commissioner

Testimonials

We’ve been a member of First Nonprofit’s Unemployment Savings Program since 2011 and highly recommend joining. The program is terrific and allows us to earn interest on our own funds while still meeting the state’s requirements on unemployment payments. In addition, the staff are great and always helpful sorting out any questions we may have. Thank you all!

NC Conservation Network, Raleigh, NC

CCSCT was approached by First NonProfit to discuss its Unemployment Savings Program and ways the program could significantly reduce the amount of unemployment taxes we were paying. At the time, our agency was paying approximately $80,000 per year. First NonProfit conducted an analysis to determine if making the switch would be in our best interest, and it clearly was based on our circumstances. The first year on the program, CCSCT saw a 70% reduction in its unemployment costs and each year, continues to experience further reductions as a result of having minimal claims. Some additional benefits of the program including having a fixed annual cost, an interest-baring reserve account, professional unemployment claims management and representation at all unemployment hearings. This has been one of the best decisions we have made.

Community Council of South Central Texas, Inc., Seguin, TX

We first started using First Nonprofit’s Unemployment Savings Program when we were a small startup nonprofit. We didn’t have an HR department and needed expertise in the event that an unemployment claim was made. We knew we were eligible to be a reimbursing employer, but weren’t sure how to navigate that process. They made it easy to set things up, plan for, and then manage claims when they came at a very reasonable cost. The amount of time and stress they’ve saved us dealing with all this has been worth way more than the cost. We’ve now grown to a large nonprofit and do have an HR department but have no plans to stop using their services. I highly recommend them to every nonprofit I come into contact with!

CROSSPURPOSE, Denver, CO

Throughout our membership in the Unemployment Savings Program, First Nonprofit understood our demands, community dynamics, and the importance of seamless services; that allowed us to serve our constituents better.

Prevent Blindness America, Chicago, IL

Because INCS advocates for the operating conditions that allow charter public schools to provide high quality public education, partnering with First Nonprofit was an easy decision. First Nonprofit’s unemployment programs provide our member schools two operating elements crucial to their ability to provide high quality public education: savings and budget certainty. Capable, committed teachers are the key to student success. By participating in the unemployment insurance savings plan, charter public schools gain peace of mind and are able to invest more money in their teachers.

Illinois Network of Charter Schools, Chicago, IL

It has been our sincere pleasure to maintain a strong, vibrant business partnership with First Nonprofit. We greatly admire their strong industry knowledge, technical expertise, constant professionalism, knowledgeable and dedicated staff. They are always extremely responsive, personable and provide us with the necessary guidance and recommendations on a numerous variety of employment scenarios.

Thresholds, Chicago, IL

NYCON members who use First Nonprofit’s programs enjoy enduring savings and improved efficiency. Our association knows that success, because from the beginning, we achieved the same great benefits. Great savings, seamless technology, and responsive service. NYCON highly recommends First Nonprofit’s remarkable unemployment solutions.

New York Council of Nonprofits, Albany, NY

Visually Impaired Preschool Services has been a client of First Non-Profit since it was first offered as a benefit of VisionServe Alliance. We completed a thorough evaluation of cash savings to our agency before taking advantage of this wonderful benefit and it has been a very wise decision. Our experience with the processes from accounting to claims have been professional, expeditious and easy.

UPDATE: Georgia’s Emergency Rule