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Unemployment Information

Important Information

10/07/2020 - Check back often for updated information as conditions change.
Due to the high volume of Unemployment Insurance claims, if you do not currently have a Missouri Access Debit Card, we strongly encourage any claimant with a bank account to select Direct Deposit as your benefit payment method. At this time, it is the most time-efficient method to receive payment. Due to extremely high call volumes, the Missouri Access card provider is experiencing longer than normal wait times to answer calls. If you need to check the balance on your MoAccess debit card, ask how to use the card, or have any other card-related questions, you can access your card account information at www.mo-access.com. If you need to check the status of your unemployment claim, please access UInteract.labor.mo.gov. UInteract can quickly give you information about the status of your claim, weekly payments, claim balance, and much more.

Director Hui answered many common unemployment questions and gave tips to employers and employees during a recent press conference. Click HERE to watch the clip. 

For Employers: If you are an employer and need more information on the services available through the Missouri Division of Employment Security (DES), please click:

Or to contact a tax representative by email: esemptax@labor.mo.gov

For Employees: 

Regional Claims Center representatives are available by phone Monday – Friday from 8:00 AM – 5:00 PM by calling:

Jefferson City                          573-751-9040
Kansas City                             816-889-3101
Springfield                              417-895-6851
St. Louis                                 314-340-4950
Outside Local Calling Area        800-320-2519

UInteract (uinteract.labor.mo.gov) is an easy to use mobile-friendly online Unemployment Insurance application that is available to workers and employers 24/7. Ninety percent of claimants are able to file online, without assistance.

If you need more information on Unemployment Insurance:

Filing - Eligibility, Waiting Week, Employer Protest, Work Searches, RESEA

Regional Claims Center representatives are available by phone Monday – Friday from 8:00 AM – 5:00 PM by calling:

Jefferson City                          573-751-9040
Kansas City                             816-889-3101
Springfield                              417-895-6851
St. Louis                                 314-340-4950
Outside Local Calling Area        800-320-2519

UInteract (uinteract.labor.mo.gov) is an easy to use mobile-friendly online Unemployment Insurance application that is available to workers and employers 24/7. Ninety percent of claimants are able to file online, without assistance.

If you need more information on Unemployment Insurance:

FAQ

Question: What is the best method to reset my userid for the UInteract system so I can file a claim?
Answer:
If you do not remember answers to your security questions, are unable to reset your userid and get locked out, you can try again in 24 hours.  If you are still locked out, click here for assistance. Be sure to include your name, phone number and last four digits of your social security with your request. Due to the volume of inquiries, it may take a few days to respond to your request.

Question: Can I reset my own password if I’ve forgotten it?
Answer: 
Yes. You can click on “Forgot Password” to reset your password.  If you have made too many attempts and are locked out, you can try again within 24 hours.  There is no need to call the claims center staff to reset passwords.

Question: If I’m self-employed, can I receive unemployment benefits?
Answer: Please click here for details about the Pandemic Unemployment Assistance (PUA) program. Self-employed, gig workers, and independent contractors whose businesses have been impacted by the coronavirus are encouraged to apply for unemployment assistance.  Under the PUA program, those who qualify will be eligible for weekly benefit payments of between $133 and $320 per week plus a $600 federal supplement available under the Federal Pandemic Unemployment Compensation (FPUC) program. The federal guidelines provide the FPUC payments only apply to weeks payable from March 29, 2020, through July 25, 2020. These two programs are not regular unemployment insurance, but are new, fully federally funded assistance programs. Both of these provisions have been enacted as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act. Missouri is processing PUA claims beginning with the week of April 19, 2020.

Question: I filed for regular unemployment and was denied.  What should I do next?
Answer:
 If you are unemployed or partially unemployed as a direct result of COVID-19 you may be eligible for Pandemic Unemployment Assistance (PUA). Below are some examples:

  • You have been diagnosed with COVID-19
  • A member of your household has been diagnosed with COVID-19
  • You are providing care to a household or family member who has been diagnosed with COVID-19

For a complete list of qualifying PUA reasons and more details regarding PUA, visit click here. You may file a claim for Pandemic Unemployment Assistance at UInteract.labor.mo.gov.

Question: Can I file for unemployment if I am still working part-time or working for another employer but laid off of one job?
Answer: Yes. You may file for unemployment. When you file your weekly request for payment, you will be asked to report your weekly earnings before taxes and other deductions. If your earnings are not excessive, you may receive a partial unemployment benefit. To calculate your partial benefit payment, visit labor.mo.gov/DES/Claims/partial_benefit. Misreporting or underreporting earnings to obtain additional funds under the regular unemployment program or the CARES Act qualifies as fraud. If an individual obtains benefits through fraud, the individual is ineligible for any additional benefit payments, must pay back the benefits received and is subject to criminal prosecution.

Beginning with the week of July 5, 2020, individuals wishing to continue to receive unemployment benefits (including the $600 federal supplement available through July 25, 2020) will be required to perform work search activities that had been lifted for those that had filed a coronavirus-related unemployment claim.

Question: Has Missouri waived the waiting week for those eligible to receive unemployment benefits due to the coronavirus? 
Answer: 
Under the authority of Missouri EO20-4, the Missouri Department of Labor has waived any waiting week requirement served for all claims filed as a result of the coronavirus through July 4, 2020. That means, unlike prior to the order, eligible individuals will receive payment for the waiting week as their first payment and not have to wait until they have exhausted benefits to be paid for the waiting week. However, individuals will not get paid until after the protest period, which appears as a pending protest online. 

For those initially filing for unemployment in Missouri on or after July 5, 2020, a waiting week requirement will again be imposed. The waiting week is the first week of a claim for which the individual is eligible for unemployment benefits, but during this week, such individual is not paid benefits. Individuals who are approved for benefits may receive compensation for the waiting week as the last payment on the regular unemployment claim.

Question: Why is there a protest period for unemployment claims?
Answer: 
Unemployment insurance is paid by employers. There is no money taken out of any employee’s paycheck to pay for it and it is not paid for by your taxes. It is strictly paid for out of your employer’s unemployment account. Because of this, your last employer and all of your base period employers have the right to protest an employee’s unemployment claim.  In fact, because employers pay taxes that fund the account from which unemployment benefits are paid, we have to notify employers in your base period and give them an opportunity to protest before we pay benefits out of the fund to you. This is called a protest period and will show online on your claim as a pending protest. This is a usual part of the process and is a period of about ten days. If after that time, no issues are discovered and no protests are received, you would receive back payment for any money due. However, it is important that during this time you continue to request payments weekly.

Question: How long will it take for a claims payment to be made?  What is the fastest way to get paid?
Answer: 
Typically, you would be requesting payments for 2-3 weeks during the protest period before receiving any payments and then we back pay you for those weeks if you are eligible. If you don’t already have a Missouri Access Debit card, the quickest way to receive payment is by direct deposit. Typically, after we process a payment to you (as viewed online), you will see the payment in your account within a day or two depending on how long your bank holds funds. For each week that you wish to be paid, you must file a weekly request for payment online. You cannot request payment until that calendar week is over. If you wish to be paid for the waiting week, you must request payment for that week also. 

Question: It says I have a pending issue online.  What does that mean?
Answer
: If during a protest period, we receive a protest or an issue is discovered, your payment can be delayed until the investigation is completed. You can view your claim status online under the inquiry tab and any correspondence under the correspondence tab. Should we ask for additional information during the course of our investigation, please respond to the deputy’s request for additional information. Once we have completed our investigation, if we find in your favor, you will receive back pay for the weeks for which you have requested payment. If we do not find in your favor, you will receive correspondence (can also be found under the correspondence tab online) and give you the opportunity to appeal. In that case you would want to continue to request payments each week.

Question: If the coronavirus (COVID-19) causes my employer to shut down operations temporarily or close, will I qualify for unemployment benefits?
Answer: In most situations, yes. Missouri unemployment benefits are available to individuals who are unemployed through no fault of their own. If an employer must shut down operations temporarily because of COVID-19 and no work is available, individuals may be eligible for unemployment benefits if they meet the eligibility criteria. Employers may be able to avoid a lay-off with a partial shut down by applying for the Missouri Shared Work program. See question below.

Question: Can an employer participate in Missouri’s Shared Work program whose business has temporarily declined due to the coronavirus (COVID-19)?
Answer: An employer can participate in a Shared Work plan if they meet the eligibility requirements for Missouri’s Shared Work program. It can be a particularly beneficial program in returning employees to work during an uncertain time as it allows employers the flexibility to scale up or scale down the workforce based on changing business needs and can help to return employees safely back to work while social distancing and providing flexible scheduling. The Shared Work Unemployment Compensation Program allows an employer to divide the available work among a specified group of affected employees instead of a layoff. These employees receive a portion of their unemployment benefits while working reduced hours. Accounts for contributory and reimbursable employers participating in the Shared Work program will not be charged for Shared Work through December 26, 2020.

For more information about the eligibility requirements for Missouri’s Shared Work program, please visit www.sharedwork.mo.gov, email shared.work@labor.mo.gov. or call 573-751-WORK (9675). Employees that are eligible for Shared Work during a week are also eligible for the $600 FPUC supplement for that week.

Question: Do I need to search for work if I am laid off due to COVID-19?
Answer
: Beginning with the week of July 5, 2020, individuals wishing to continue to receive unemployment benefits (including the $600 federal supplement available through July 25, 2020) will be required to perform work search activities that had been lifted for those that had filed a coronavirus-related unemployment claim. To be eligible for unemployment benefits you are required to complete at least three work search activities each week, unless directed otherwise by the Division. 

A work search activity is an attempt made to obtain employment or to resume work. Any part-time work performed during the week also satisfies the completion of a work search activity on a per day basis. For each week you make a Weekly Request for Payment of Unemployment Insurance benefits, you are required to complete three work search activities unless you are in approved training, have a definite recall date from an employer or are part of a Shared Work Program. 

Make sure your work search activity record is up to date in uinteract.labor.mo.gov. You may enter your work search activities during the week or when filing your Weekly Request for Payment. After logging in, select Weekly Request for Payment and then select Enter Work Search Details. Click the Save button after each work search activity is entered. Failure to complete three work search activities may result in the denial of benefits. You may update your work searches anytime throughout the week, but you will still need to file your Weekly Request for Payment after the week has ended in order to receive benefits for the week.

Examples of Acceptable Work Search Activities:

Work search activities can be completed in various ways.  Some examples of valid work search activities include, but are not limited to: 

Part-time employment performed during the week credited on a per day basis. (Ex. – An individual works on Tuesday and Thursday of the week will be credited as having completed two work search activities).

Earnings from any employment during the week must be reported when a Weekly Request for Payment is made.

Missouri Job Center Assisted:

  • Accessing and searching for work on MoJobs.gov
  • Participating in a Reemployment Services and Eligibility Assessment (RESEA) appointment
  • Responding to a Missouri Job Center work referral
  • Participating in a Missouri Job Center workshop
     

​In-person: 

  • Submitting a paper application for employment
  • Visiting employer(s) about job openings
  • Attending job interview(s)
  • Attending Job Fair(s)
  • Following up with employer(s) about job openings
     

Online: 

  • Employer Website (Completing web-application)
  • Virtual job interviews
  • Creating a personal user profile on web-based networking and job posting Sites (Ex. - Monster, Craig’s List, LinkedIn, Indeed)
  • Creating a reemployment plan
  • Creating a resume
  • Participating in online training during the week credited on a per day basis. (Ex. – An individual attends training on Tuesday and Thursday of the week will be credited as having completed two work search activities).


Union Member with a Hiring Hall:

If you are a union member with a hiring or referral hall, contacting your hall 3 times during the week or participating in union sponsored training is acceptable.

Self-Employed (Pandemic Unemployment Assistance (PUA) or Disaster Unemployment Assistance (DUA) Claims only):

Self-employed individuals may satisfy the work search activity requirement by any of the methods described above to include recording any days worked during the week. Additionally, the self-employed may satisfy work search activities by performing such activities that aid them in their return to work in self-employment. Examples may include but are not limited to: 

  • Client Contacts
  • Advertising
  • Contract application including submitting bids or proposals
  • Attending training

Missouri Job Centers are available to assist unemployed workers with these requirements by providing customized job searches through jobs.mo.gov, job fairs, Reemployment Services and Eligibility Assessment (RESEA) appointments, workshops to help develop and refine skills and other training programs. Employers are encouraged to post job openings on MoJobs. For more information about services available through the Missouri Job Centers, visit jobs.mo.gov.

Examples of Acceptable Work Search Activities:

Work search activities can be completed in various ways.  Some examples of valid work search activities include, but are not limited to: 

Part-time employment performed during the week credited on a per day basis. (Ex. – An individual works on Tuesday and Thursday of the week will be credited as having completed two work search activities).

Earnings from any employment during the week must be reported when a Weekly Request for Payment is made.

Missouri Job Center Assisted:

  • Accessing and searching for work on MoJobs.gov
  • Participating in a Reemployment Services and Eligibility Assessment (RESEA) appointment
  • Responding to a Missouri Job Center work referral
  • Participating in a Missouri Job Center workshop

In-person: 

  • Submitting a paper application for employment
  • Visiting employer(s) about job openings
  • Attending job interview(s)
  • Attending Job Fair(s)
  • Following up with employer(s) about job openings

Online: 

  • Employer Website (Completing web-application)
  • Virtual job interviews
  • Creating a personal user profile on web-based networking and job posting Sites (Ex. - Monster, Craig’s List, LinkedIn, Indeed)
  • Creating a reemployment plan
  • Creating a resume
  • Participating in online training during the week credited on a per day basis. (Ex. – An individual attends training on Tuesday and Thursday of the week will be credited as having completed two work search activities).

 Union Member with a Hiring Hall:

If you are a union member with a hiring or referral hall, contacting your hall 3 times during the week or participating in union sponsored training is acceptable.

Self-Employed (Pandemic Unemployment Assistance (PUA) or Disaster Unemployment Assistance (DUA) Claims only):

Self-employed individuals may satisfy the work search activity requirement by any of the methods described above to include recording any days worked during the week. Additionally, the self-employed may satisfy work search activities by performing such activities that aid them in their return to work in self-employment. Examples may include but are not limited to: 

  • Client Contacts
  • Advertising
  • Contract application including submitting bids or proposals
  • Attending training

Missouri Job Centers are available to assist unemployed workers with these requirements by providing customized job searches through jobs.mo.gov, job fairs, Reemployment Services and Eligibility Assessment (RESEA) appointments, workshops to help develop and refine skills and other training programs. Employers are encouraged to post job openings on MoJobs. For more information about services available through the Missouri Job Centers, visit jobs.mo.gov.

Question: If I am off of work due to the coronavirus and am receiving pay such as paid sick leave, vacation pay or family medical leave, am I eligible to receive unemployment benefits?
Answer:
 No. Generally speaking, an individual still receiving pay while off of work is not “unemployed” and is ineligible for unemployment benefits.

Question: Will an employee be eligible for unemployment benefits if they are in mandatory quarantine because of suspicion of having the coronavirus?
Answer
: In most situations, yes.

Question: My employer has remained open because it is essential. I’m not sick, nor is anyone in my household sick. I do not have children or care for someone who cannot care for themselves. However, I’m afraid of getting coronavirus from customers coming to the store, so I quit and filed for unemployment. Can I obtain benefits under the CARES Act?
Answer
: No. Under the CARES Act, you may be eligible for benefits if you meet one of the circumstances listed in the Act, but none include the scenario described. On these facts, you are not eligible for Pandemic Unemployment Assistance (PUA) because you do not meet any of the qualifying circumstances.

There are, however, circumstances under the CARES Act in which specific, credible health concerns could require an individual to quit his or her job and thereby make the individual eligible for PUA. For example, an individual may be eligible for PUA if he or she was diagnosed with COVID-19 by a qualified medical professional, and although the individual no longer has COVID-19, the illness caused health complications that render the individual objectively unable to perform his or her essential job functions, with or without a reasonable accommodation. However, voluntarily deciding to quit your job out of a general concern about exposure to COVID-19 does not make you eligible for PUA. If you believe your employer’s response to the possible spread of COVID-19 creates a serious safety hazard or if you think your employer is not following OSHA standards, you can file a complaint with the Occupational Safety and Health Administration.

As a general matter, you are likely to be eligible for PUA due to concerns about exposure to the coronavirus only if you have been advised by a healthcare provider to self-quarantine as a result of such concerns. For instance, an individual whose immune system is compromised by virtue of a serious health condition, and who is therefore advised by a healthcare provider to self-quarantine in order to avoid the greater-than-average health risks that the individual might face if he or she were to become infected by the coronavirus will be eligible for PUA if all other eligibility requirements are met.

     
Question: If an individual leaves work to care for children due to school/daycare closures as a result of COVID-19, are they eligible to receive unemployment benefits?
Answer: For regular unemployment, in most cases , no. Unemployment benefits are available to individuals who are totally or partially unemployed due to no fault of their own. In this example, the individual is not available for work due to caring for children and would be ineligible. However, the facts of each circumstance are essential in determining eligibility for unemployment benefits. Under the Pandemic Unemployment Assistance (PUA) provision of the CARES Act, they may be eligible. The PUA is not regular unemployment insurance, but instead a fully federally funded assistance program.

Question: If an individual is ill because of the coronavirus, will they be eligible for unemployment benefits?
Answer
: Maybe. The facts of each circumstance are essential in determining eligibility for unemployment benefits and each situation must be handled on a case by case basis. An employee would first use available sick leave or other paid leave if the employee is ill. PUA is also generally not payable to individuals who have the ability to telework with pay or who are receiving paid sick leave or other paid leave benefits. However, if individuals have exhausted available leave, they can be eligible for PUA if they have been diagnosed with COVID-19 or are experiencing symptoms of COVID-19 and are seeking a medical diagnosis. 

Question: When should an individual file for unemployment benefits?
Answer
: Once the individual is separated from work, they should immediately file a claim for unemployment benefits.

Question: What if a claimant is required to participate in the Reemployment Services and Eligibility Assessment (RESEA) program?
Answer: If an individual is required to participate in the RESEA program the RESEA interview will be completed over the phone at this time. Claimants should contact the MO Job Center at the phone number listed on the appointment letter. If the individual is unable to participate, they may reschedule their interview appointment by contacting the job center at the phone number listed on their appointment letter.

Reasonable Assurance - Educational Employees

What is reasonable assurance?
Educational employees expecting to return to the same or similar job after a scheduled break or school year have reasonable assurance. There does not have to be a written agreement for the reasonable assurance provision to apply. 

When does reasonable assurance apply to me?
Reasonable assurance applies to your unemployment claim during a scheduled customary break.  Customary breaks are usually during Thanksgiving, Christmas, spring, and summer.

How does reasonable assurance affect my claim?
If it is determined you have reasonable assurance, you will be ineligible to receive unemployment benefits during a scheduled customary break.

Who is an educational employee?
An educational employee is a person who works for an educational institution or educational service agency.

If you work for a private bus company or food service provider, for example, then you are not directly employed by the educational institution or educational service agency and the reasonable assurance provision does not apply to you.

What is the distinction between a “non-professional” and “professional” employee?
The reasonable assurance provision affects all school employees who work in either a non-professional or professional role.  For unemployment purposes, these two roles are based on the type of work performed.  Non-professional employees include cooks, cafeteria workers, bus drivers, maintenance workers, and custodial staff.  Professional employees include teachers, substitute teachers, and staff who perform administrative or research work.

What happens if the reasonable assurance that I was given doesn’t turn into actual employment?
Non-professional employees can be retroactively paid for every week claimed if they are not allowed to perform services for the upcoming academic year or term.

Professional employees are not entitled to retroactive payment.

If an educational employee does not qualify for regular benefits, can they qualify for Pandemic Unemployment Assistance (PUA)?
Employees who are not working because of a holiday break or summer recess are not eligible for PUA.  Employees who are directly impacted by COVID-19 may qualify for PUA.  To file a PUA claim online, go to uinteract.labor.mo.gov and click Unemployment Claim ->Pandemic Assistance (PUA) -> File PUA Claim.

What if I worked for both a school and a non-school employer?
If you have reasonable assurance of returning to work, you may be able to receive benefits based only on your non-school wages in the base period.  All other eligibility requirements have to be met.

How can I find out if I am eligible for unemployment benefits?
The only way to know if you are eligible is to file an unemployment claim.  Every case presents its different circumstances.  Specific facts to a case are obtained and decisions are made on a case-by-case basis.

Overpayments

The establishment and collection of overpayments is part of the Division of Employment Security’s (DES’) efforts to prevent fraud and waste in an employer-funded (as is the case with Regular unemployment) or a federally funded unemployment program, as well as to ensure that benefits are available to those who are eligible for them.

An overpayment occurs when a person is paid unemployment insurance benefits they are not entitled to receive, even if an honest mistake occurred that was not their fault. The establishment of an overpayment happens after a person begins receiving benefits if new or additional information is received that changes the initial determination of benefits.

Individuals are notified of the overpayment as soon as possible after it is determined. The notice lists the reason for the overpayment, the section of law that covers the overpayment, and the weeks overpaid.  The notice also includes instructions for filing an appeal if the individual believes that the overpayment decision is incorrect. To learn more about overpayments click here.


Question: Will I be able to collect regular unemployment or the $600 federal supplement if I have an existing overpayment?  Can you waive the fraud penalties on my overpayment? 
Answer: 
If you have an existing non-fraud overpayment, any weekly benefit payment for which you are eligible will be applied to the overpayment. If you have an existing fraud penalty, you are not eligible for regular unemployment benefits, but could potentially be eligible for a Pandemic Unemployment Assistance (PUA) claim, including the $600 Federal Pandemic Unemployment Compensation (FPUC) supplement. Part of the benefit payment may be taken for offset of an overpayment. If you have questions regarding your overpayment, you may call 573-751-4058.

Question: Why did I receive an Overpayment Determination?
Answer:
You received an Overpayment Determination because you were paid Unemployment Insurance (UI) benefits that you were not eligible to receive. The DES classifies overpayments into two categories: fraud or non-fraud.

Question: What is a non-fraud overpayment?
Answer:
 A non-fraud overpayment occurs if you receive benefits you were not eligible to receive, but the Division of Employment Security finds that you are not at fault or you did not intentionally give false information or withhold information to get benefits.

Question:  What is an example of a situation that would cause a non-fraud overpayment?
Answer:
 An example would be receiving additional pay that you were not expecting and did not report, such as vacation pay or holiday pay. Another example would be if you received benefits for a week, and additional information was received, which requires the Division to review your eligibility. Based on this review it could be determined that you were not eligible for those benefits and could cause a non-fraud overpayment.

Question: What is an example of a situation that would cause a fraud overpayment?
Answer:
 If the Division finds that you intentionally gave false information or withheld information and, as a result, received benefits that you should not have received, the overpayment is considered fraud. Withholding or giving false information to obtain benefits is a serious offense that can result in penalties and criminal prosecution.

Question: What if I disagree with the overpayment determination?
Answer:
 You may file an appeal with the Division’s Appeals Tribunal.  Instructions for filing an appeal will be included on the overpayment determination. 

Question: How do I file an appeal to an overpayment determination? 
Answer: 
An appeal may be filed by U.S. postal mail or fax. The appeal may be mailed to the Appeals Tribunal, P.O. Box 59, Jefferson City, MO 65104-0059.  The appeal may be faxed to 573-751-1321. 

Question: How long do I have to file an appeal to an overpayment determination?
Answer:
 The appeal must be filed within thirty days from the date the overpayment determination was mailed. 

Question: What can I expect after I file my appeal? 
Answer:
 You will receive a notice confirming that your appeal has been filed.  With the confirmation notice, you will also receive a pamphlet containing general information about the appeal process. 

Question: How will I know when a hearing is scheduled? 
Answer:
 When a hearing is scheduled, you will be mailed a packet containing division records and documents concerning your overpayment.  Inside the packet will be a notice of hearing with the date and time of your hearing.  The notice will also have instructions on how you call in for your hearing.  Read and follow the instructions.  It is important that you have the packet of documents with you at the time of the hearing.  The packet will be used during the hearing. 

Question: Should I have an attorney?
Answer:
 It is your choice whether you have an attorney.  You may be represented by a Missouri licensed attorney, but you are not required to have an attorney.  You may also be represented by an individual (agent) who is not paid to represent you. 

Question: What will happen during the hearing?
Answer: You will have an opportunity to give evidence.  While it is not required, you may also have witnesses give evidence on your behalf.  The hearing officer (Referee) will ask questions of all individuals that give evidence. 

Question: What will happen after the hearing is over? 
Answer:
 The Referee will issue a written decision based upon the evidence given at the hearing.  A copy of the decision will be mailed to you. 

Question: What if I do not agree with the decision? 
Answer:
 You may file an appeal to the Labor and Industrial Relations Commission.  You will have thirty days from the date the Referee’s decision was mailed to you to file an appeal to the Commission.  The appeal to the Commission may be filed by U.S. postal mail or fax.  Instructions for filing the appeal will be included in the decision. 

Question: When can I expect a hearing on my appeal?
Answer:
 At present, the Appeals Tribunal has a large number of appeals to be heard.  It may be some time before your hearing can be scheduled.  

 

Appeals

Question 51: How do I file an appeal to an overpayment determination? 
Answer:
An appeal may be filed by U.S. postal mail or fax. The appeal may be mailed to the Appeals Tribunal, P.O. Box 59, Jefferson City, MO 65104-0059.  The appeal may be faxed to 573-751-1321. 

Question 52: How long do I have to file an appeal to an overpayment determination?
Answer:
The appeal must be filed within thirty days from the date the overpayment determination was mailed. 

Question 53: What can I expect after I file my appeal? 
Answer:
You will receive a notice confirming that your appeal has been filed.  With the confirmation notice, you will also receive a pamphlet containing general information about the appeal process. 

Question 54: How will I know when a hearing is scheduled? 
Answer:
When a hearing is scheduled, you will be mailed a packet containing division records and documents concerning your overpayment.  Inside the packet will be a notice of hearing with the date and time of your hearing.  The notice will also have instructions on how you call in for your hearing.  Read and follow the instructions.  It is important that you have the packet of documents with you at the time of the hearing.  The packet will be used during the hearing. 

Question 55: Should I have an attorney?
Answer:
It is your choice whether you have an attorney.  You may be represented by a Missouri licensed attorney, but you are not required to have an attorney.  You may also be represented by an individual (agent) who is not paid to represent you. 

Question 56: What will happen during the hearing?
Answer: You will have an opportunity to give evidence.  While it is not required, you may also have witnesses give evidence on your behalf.  The hearing officer (Referee) will ask questions of all individuals that give evidence. 

Question 57: What will happen after the hearing is over? 
Answer:
The Referee will issue a written decision based upon the evidence given at the hearing.  A copy of the decision will be mailed to you. 

Question 58: What if I do not agree with the decision? 
Answer:
You may file an appeal to the Labor and Industrial Relations Commission.  You will have thirty days from the date the Referee’s decision was mailed to you to file an appeal to the Commission.  The appeal to the Commission may be filed by U.S. postal mail or fax.  Instructions for filing the appeal will be included in the decision. 

Question 59: When can I expect a hearing on my appeal?
Answer:
At present, the Appeals Tribunal has a large number of appeals to be heard.  It may be some time before your hearing can be scheduled.  

Employers - Shared Work, Mass Claim, Taxes

Question: Is there any assistance available to keep my employees on the payroll during this time? What is the Federal Paycheck Protection Program (PPP)?
Answer: 
The Federal Paycheck Protection Program (PPP) is a Small Business Administration (SBA) loan that helps businesses keep their workforce employed during the Coronavirus (COVID-19) crisis. For more information on which businesses qualify and other questions about this loan visit sba.gov. For other resources to help businesses, visit the Missouri Department of Health's page

Question: Can an employer participate in Missouri’s Shared Work program whose business has temporarily declined due to the coronavirus (COVID-19)?
Answer:
 An employer can participate in a Shared Work plan if they meet the eligibility requirements for Missouri’s Shared Work program. It can be a particularly beneficial program in returning employees to work during an uncertain time as it allows employers the flexibility to scale up or scale down the workforce based on changing business needs and can help to return employees safely back to work while social distancing and providing flexible scheduling. The Shared Work Unemployment Compensation Program allows an employer to divide the available work among a specified group of affected employees instead of a layoff. These employees receive a portion of their unemployment benefits while working reduced hours. Accounts for contributory and reimbursable employers participating in the Shared Work program will not be charged for Shared Work through December 26, 2020.

For more information about the eligibility requirements for Missouri’s Shared Work program, please visit www.sharedwork.mo.gov, email shared.work@labor.mo.gov. or call 573-751-WORK (9675). Employees that are eligible for Shared Work during a week are also eligible for the $600 FPUC supplement for that week.

Question: Will an employer’s unemployment taxes increase if an employee receives unemployment benefits because of a coronavirus-related business shutdown? 
Answer:
Under the authority of the Governor’s Executive Order, the Missouri Department of Labor temporarily waived any charges to contributory employers for benefits paid out to claimants as a result of a loss of work due to the coronavirus from March 8 through July 4, 2020. Accounts for contributory and reimbursable employers participating in the Shared Work program will not be charged for Shared Work through December 26, 2020.

The CARES Act provides relief for reimbursable employers such as state and local governmental entities, certain nonprofit organizations, and federally recognized Indian tribes by providing for a 50% reimbursement for quarterly charges on qualifying weeks that have been paid in full. Federal government agencies and federal employees are excluded from this provision. All benefits charged to the reimbursable employer for weeks of unemployment ending March 21, 2020, through December 26, 2020, will qualify for the 50% reimbursement. The reimbursable employer must first pay all qualifying charges on their bill in full. Reimbursement back to the employer will require a minimum of 10 business days from the full payment process date for the quarter/year benefit charges.   

Question: Are employer unemployment taxes and reports for the first quarter still due on April 30, 2020?
Answer: Due to the ongoing COVID-19 situation, the first quarter employer Contribution and Wage payment due date has been extended until June 1, 2020. Contribution and Wage reports are still due by April 30, 2020.

Question 38: Can an employer participate in a mass claim filing?
Answer: Yes.  The Electronic Mass Claims Filing System is available to employers during a temporary mass lay-off. Employee information provided by the employer, allows the DES to file an initial or renewed unemployment claim on behalf of employees quickly and efficiently. An employer can participate in a mass claim filing if they meet the eligibility requirements below:

  • The lay-off must be due to a lack of work;
  • The lay-off must be less than eight weeks in duration;
  • An employee is not on a leave of absence;
  • The employee is not receiving pay; for example, sick pay, vacation pay, family medical leave pay, etc.
  • For more information about the Mass Claims Filing System, please visit labor.mo.gov/mass-claims.
     

 

PPP

Question: Is there any assistance available to keep my employees on the payroll during this time? What is the Federal Paycheck Protection Program (PPP)?
Answer: 
The Federal Paycheck Protection Program (PPP) is a Small Business Administration (SBA) loan that helps businesses keep their workforce employed during the Coronavirus (COVID-19) crisis. For more information on which businesses qualify and other questions about this loan visit sba.gov. For other resources to help businesses, visit the Missouri Department of Health's page

Question: I filed a Mass Claim for my employees and have received the PPP loan for those employees.  What can I do now?
Answer: 
You will need to contact the Division of Employment Security (DES) by emailing DOLIR.MassClaims@labor.mo.gov or you can call 573-751-0436. DES will need a list of the employees that you are paying through the PPP loan. You will need to include the start date of when the employees will be getting paid.

Question: My employer notified me that they will be paying me through the PPP loan.  Can I choose to receive unemployment instead of a paycheck from my employer?  Can I still collect unemployment? 
Answer:
 If your employer has chosen to receive the PPP loan to pay employees, you do not have the choice of receiving unemployment benefits rather than the paycheck from the employer. If your employer has notified you that you will be receiving paychecks through the PPP loan, you must report your gross earnings for the week. If you are being paid by your employer through the PPP and the amount is greater than what is allowed above your Weekly Benefit Amount (WBA) in unemployment, you would be considered employed, and therefore not eligible to receive unemployment benefits.  Any unemployment payments made to you during the same time that you were being paid by your employer through the PPP loan would be considered overpaid and you will need to pay those benefits back to the Division.

Question: What do I do if I’ve already received unemployment benefits and my employer is back paying me through a PPP loan?
Answer:
If you have already claimed unemployment for those weeks, you will need to report your earnings immediately to the DES by calling 573-751-4058 and select option 4. A specialist will assist you in reporting these earnings.  Any unemployment that was paid to you, including the Federal Pandemic Unemployment Compensation (FPUC) payments, will need to be paid back by you for those weeks for which your employer was also paying you through the PPP. If you were overpaid you will receive a letter from the DES with information on how to repay the unemployment funds that were incorrectly paid to you. If your earnings through the PPP loan are less than your WBA, you may be eligible for partial unemployment benefits.  You are still required to report these earnings for each week the funds are specified to be paid. (Example- If, you were paid on 4/22/2020 for the week of 4/12/2020 through 4/18/2020, you would need to report those earnings for the week ending 4/18/2020.)

Question: Can I claim unemployment if the amount my employer is paying me through the PPP loan is less than my Weekly Benefit Amount?
Answer:
Yes, you can claim unemployment if the earnings you are receiving through the PPP loan are less than your Weekly Benefit Amount. You are required to report these earnings for each week the funds were specified to be paid. (Example - You were paid on 4/22/2020 for the week of 4/12/2020 through 4/18/2020 you would need to report those earnings when you request your weekly payment for the week ending 4/18/2020.)

For those filing for unemployment on or after July 5, 2020, a waiting weekwill again be imposed. The waiting week is the first week of a claim for which an individual is elligible for unemployment benefits, but during this week, such individual is not paid unemployment benefits. Individuals who are approved for benefits may receive compensation for the waiting week as the last payment on the regular unemployment claim. 

Question: What can happen if I do not report the wages from the PPP loan to the Division?
Answer:
When the DES determines a claimant receiving unemployment insurance (UI) benefits failed to report earnings, the claimant will be required to repay those benefits. Some overpayments are the result of honest mistakes. However, if the claimant committed fraud in obtaining UI benefits, he/she can be assessed an additional monetary penalty, as well as possibly having his/her benefit rights canceled and being arrested, fined and imprisoned.

Extensions

Question: I've exhausted my benefits; am I eligible for unemployment assistance?
Answer: 
Missouri set up the Pandemic Emergency Unemployment Compensation (PEUC) program beginning the week of April 26, 2020. This program may provide up to an additional 13 weeks of unemployment benefits to those that have exhausted their regular unemployment benefits. While DES will mail and email potentially eligible individuals who have previously applied for benefits, those individuals do not need to wait for the DES to contact them. They may log into UInteract and look under their correspondence tab for instructions on how to file for a PEUC claim. The DES encourages claimants who have exhausted their unemployment benefits, and still have an active benefit year, to continue to file weekly requests for payments.

Question: I understand that the Extended Benefits (EB) program ends October 10, 2020.  What do I do after that date?
Answer: The DES received notice from the USDOL that the last payable week on the EB program will be the week ending October 10, 2020.  EB benefits cannot be paid to any claimant for weeks of unemployment after October 10, 2020, regardless of any remaining balance of EB entitlement. 
For those unemployed and currently on the EB program:

  • The last payable week will be the week ending October 10, 2020.  Please request payment for the week ending October 10, 2020 once the week has ended. 
  • If you are able to self-certify to one of the eleven coronavirus-related reasons for unemployment, you may qualify for PUA benefits. You may file for PUA online at UInteract.labor.mo.gov once you have requested payment for the week ending October 10, 2020. 
  • Additionally, to be eligible for PUA, you must first file a new regular unemployment claim within the quarter before filing for PUA.  Please check UInteract to ensure that you have received a “not insured notice” determination from the DES since October 4, 2020.  If you are “not an insured worker” and are not eligible for regular unemployment benefits, you are encouraged to file for PUA during the week of October 11-17, 2020.
  • Your weekly benefit amount may change if you qualify for PUA. You will receive correspondence in UInteract of your eligibility for PUA and of the weekly PUA benefit amount.
  •  For additional information regarding the PUA program, click here.

For those unemployed and currently on the PEUC program:

  • Continue to file your weekly requests for payment for each week you remain unemployed.
  • Once you have exhausted your PEUC benefits, you may be eligible to file a PUA claim.
  • If you are unemployed or partially unemployed as a direct result of one of the eleven coronavirus-related reasons for unemployment, you may qualify for PUA benefits. You may file for PUA online at UInteract.labor.mo.gov.
  • Additionally, to be eligible for PUA, you must first file a new regular unemployment claim within the quarter and before filing for PUA.  Please check UInteract to ensure that you have received a “not insured notice” determination from the DES for the quarter beginning October 4, 2020.  Once you have received notification that you are “not an insured worker,” you may file for PUA benefits.
  • Your weekly benefit amount may change if you qualify for PUA. You will receive correspondence in UInteract of your eligibility for PUA and of the weekly PUA benefit amount.
  • For additional information regarding the PUA program, click here.

For those that are unemployed and have previously exhausted their EB benefits:

  •  You will be required to file a new regular unemployment claim on or after October 4, 2020 to determine your eligibility for regular unemployment.
  • If you receive a “not an insured worker” determination, you may then file a PUA claim online at UInteract.labor.mo.gov on or after October 11, 2020.  If you receive a determination that you are an “insured worker,” you qualify for a regular unemployment claim.
  • If you are able to self-certify to one of the eleven coronavirus-related reasons for unemployment, you may qualify for PUA benefits. You are encouraged to file for PUA during the week of October 11-17, 2020.
  • You will receive correspondence in UInteract of your eligibility for regular unemployment and the weekly benefit amount and your eligibility for PUA and of the weekly PUA benefit amount if you apply for PUA benefits.

For additional information regarding the PUA program, click here.

Under federal law, beginning with the week of May 31, 2020, Missouri has also set up the Extended Benefits (EB) program offering up to an additional 13 weeks of benefits to individuals who have exhausted both their regular unemployment benefits and 13 weeks of the PEUC. Upon exhaustion of regular unemployment and the PEUC, the DES will issue written notification to all individuals who are eligible to apply for the new EB program. Per guidance received by the US Department of Labor, benefits paid under the EB program are being reduced for weeks beginning June 28, 2020 or later by 2.95% for each week. These required budget reductions are generally known as sequestration.

Refusal to Work

Question: What if an employee refuses to return to work?  Will they still be eligible for unemployment benefits?
Answer: 
Missourians who have been placed on a temporary layoff related to COVID-19 but refuse to return to work when recalled by their employer will lose regular unemployment benefits. 

Employees in any of these positions are strongly encouraged to work with their employer in the best way to handle the situation to return to work including any availability for working remotely. 

The US Department of Labor’s (USDOL’s) guidance states that general fear of COVID-19 will not support continuation of unemployment benefits under regular unemployment or any of the federally funded programs available under the CARES Act. If an employer provides the employee with suitable work, and the employee chooses not to return to work, then unemployment benefits will cease. The DES has developed a portal for employers to submit information about employees who refuse to return to work or quit their jobs. Employers would need to login to UInteract at uinteract.labor.mo.gov, click on “Benefits” and then on “Work Offer Refusal Detail.” Instructions can be found on a Help button on the Work Offer Refusal Detail Screen. Click here for instructions to find the detail screen and template.  Employers may complete the Work Offer Refusal Detail Screen or upload a completed Excel template provided on the site. Alternatively, employers have the option to provide employee work refusal information without having to login to UInteract by clicking here . Employers should report quits or work refusals as soon as possible.

An employee notice poster is available here. For a chart that compares the common signs and symptoms of COVID-19 to other illnesses and allergies click here.

Question: My employer has remained open because it is essential. I’m not sick, nor is anyone in my household sick. I do not have children or care for someone who cannot care for themselves. However, I’m afraid of getting coronavirus from customers coming to the store, so I quit and filed for unemployment. Can I obtain benefits under the CARES Act?
Answer: No. Under the CARES Act, you may be eligible for benefits if you meet one of the circumstances listed in the Act, but none include the scenario described. On these facts, you are not eligible for Pandemic Unemployment Assistance (PUA) because you do not meet any of the qualifying circumstances.

There are, however, circumstances under the CARES Act in which specific, credible health concerns could require an individual to quit his or her job and thereby make the individual eligible for PUA. For example, an individual may be eligible for PUA if he or she was diagnosed with COVID-19 by a qualified medical professional, and although the individual no longer has COVID-19, the illness caused health complications that render the individual objectively unable to perform his or her essential job functions, with or without a reasonable accommodation. However, voluntarily deciding to quit your job out of a general concern about exposure to COVID-19 does not make you eligible for PUA. If you believe your employer’s response to the possible spread of COVID-19 creates a serious safety hazard or if you think your employer is not following OSHA standards, you can file a complaint with the Occupational Safety and Health Administration.

As a general matter, you are likely to be eligible for PUA due to concerns about exposure to the coronavirus only if you have been advised by a healthcare provider to self-quarantine as a result of such concerns. For instance, an individual whose immune system is compromised by virtue of a serious health condition, and who is therefore advised by a healthcare provider to self-quarantine in order to avoid the greater-than-average health risks that the individual might face if he or she were to become infected by the coronavirus will be eligible for PUA if all other eligibility requirements are met.

     
Question: If an individual leaves work to care for children due to school/daycare closures as a result of COVID-19, are they eligible to receive unemployment benefits?
Answer:
For regular unemployment, in most cases , no. Unemployment benefits are available to individuals who are totally or partially unemployed due to no fault of their own. In this example, the individual is not available for work due to caring for children and would be ineligible. However, the facts of each circumstance are essential in determining eligibility for unemployment benefits. Under the Pandemic Unemployment Assistance (PUA) provision of the CARES Act, they may be eligible. The PUA is not regular unemployment insurance, but instead a fully federally funded assistance program.

Fraud

Question:  What do I do if I suspect that someone I know is fraudulently receiving unemployment benefits?
Answer: 
The DES appreciates all tips regarding individuals fraudulently receiving benefits. To report UI claims fraud, please email: ReportUIFraud@labor.mo.gov, or call 573-751-4058 and select option 4. Due to strict DES confidentiality laws, we cannot confirm or deny an investigation initiated by a UI Fraud submission or disclose information about an employer or claimant. For additional information, visit labor.mo.gov/DES/report_fraud and click here to read a fraud alert from the US Department of Labor’s Office of Inspector General.

Question: Will I be able to collect regular unemployment or the $600 federal supplement if I have an existing overpayment?  Can you waive the fraud penalties on my overpayment? 
Answer:
If you have an existing non-fraud overpayment, any weekly benefit payment for which you are eligible will be applied to the overpayment. If you have an existing fraud penalty, you are not eligible for regular unemployment benefits, but could potentially be eligible for a Pandemic Unemployment Assistance (PUA) claim, including the $600 Federal Pandemic Unemployment Compensation (FPUC) supplement. Part of the benefit payment may be taken for offset of an overpayment.  If you have questions regarding your overpayment, you may call 573-751-4058.

Question: What is an example of a situation that would cause a fraud overpayment?
Answer:
If the Division finds that you intentionally gave false information or withheld information and, as a result, received benefits that you should not have received, the overpayment is considered fraud. Withholding or giving false information to obtain benefits is a serious offense that can result in penalties and criminal prosecution.

Back to Work

Question: My employer has called me back to work.  Do I still qualify for unemployment or the $600 supplement? How do I notify DES and close my account?
Answer: You may or may not be eligible for partial unemployment and the $600 federal supplement.  If you go back to work full-time, you don’t need to notify DES.  Just simply stop requesting payments and your claim will automatically close after 28 days.

Whether working full-time, part-time or temporary, remember to answer the first question on your weekly request for payment honestly and correctly. “Did you do any work during the week?” If you are working part-time, you may still be eligible for partial unemployment benefits for the week.  Report the wages you earned during the week, regardless of when you are paid; if you worked at all from Sunday through Saturday, report your total earnings when filing your weekly request for payment. To do that, simply add the total number of hours worked between Sunday and Saturday and multiply that by your hourly rate of pay; report the total earnings for the week you are requesting payment. Remember total earnings is your gross pay, not the net amount you take home; it is the amount before any deductions for taxes or benefits. For example, if you worked 15 hours between Sunday and Saturday and make $10 an hour, you should report $150 (15 hours x $10) as your earnings for the week. Be sure to add tips or commission. If you are eligible for even one dollar in benefit payments during the week, you may receive your partial unemployment benefit and the additional $600 federal supplement available March 29, 2020 through July 25, 2020. If you are not eligible for any benefits, you will not be receiving the $600 federal supplement. Misreporting or underreporting earnings to obtain additional funds under the regular unemployment program or the CARES Act qualifies as fraud. If an individual obtains benefits through fraud, the individual is ineligible for any additional benefit payments, must pay back the benefits received and is subject to criminal prosecution.  

If you wish to estimate your weekly partial benefit amount when working part-time, you can use our partial benefit calculator at labor.mo.gov/DES/Claims/partial_benefit. If your wages from part-time or temporary work are greater than your weekly benefit allowance and you are not receiving any weekly benefit payments, you should stop claiming. Your claim will automatically close after 28 days.  

Question: Will I still receive the unemployment owed to me once I return to work?
Answer
: After you’ve returned to work, the DES will pay any outstanding unemployment benefit payments for weeks for which you are eligible, have requested payment and are still owed payment.

Question: Can an employer participate in Missouri’s Shared Work program whose business has temporarily declined due to the coronavirus (COVID-19)?
Answer:
 An employer can participate in a Shared Work plan if they meet the eligibility requirements for Missouri’s Shared Work program. It can be a particularly beneficial program in returning employees to work during an uncertain time as it allows employers the flexibility to scale up or scale down the workforce based on changing business needs and can help to return employees safely back to work while social distancing and providing flexible scheduling. The Shared Work Unemployment Compensation Program allows an employer to divide the available work among a specified group of affected employees instead of a layoff. These employees receive a portion of their unemployment benefits while working reduced hours. Accounts for contributory and reimbursable employers participating in the Shared Work program will not be charged for Shared Work through December 26, 2020.

For more information about the eligibility requirements for Missouri’s Shared Work program, please visit www.sharedwork.mo.gov, email shared.work@labor.mo.gov. or call 573-751-WORK (9675). Employees that are eligible for Shared Work during a week are also eligible for the $600 FPUC supplement for that week.

Federal Programs

 LOST WAGE ASSISTANCE:

Question: What is the Lost Wages Assistance (LWA) program?
Answer:
The Federal Emergency Management Agency (FEMA) approved Missouri's application to operate the Lost Wages Assistance (LWA) program, which is a $300 per week supplement to unemployment insurance benefits beginning with the week ending August 1, 2020. Eligible individuals must be unemployed or partially unemployed due to disruptions caused by COVID-19. FEMA has notified Missouri that the LWA program is only payable for six weeks, from the week ending August 1 throught the week ending September 5, 2020. The week ending September 5, 2020, is the last payable week for LWA. DES and its representatives are not able to alter any LWA eligibility requirements or extend the weeks that can be paid through this federal program. Any pending payments to eligible recipients will be paid retroactively as allowed by federal guidelines.

Question: Who is eligible for the LWA program?
Answer: Eligible individuals include those whose weekly benefit amount (WBA) is at least $100 per week in the following unemployment-related assistance programs:

Regular Unemployment Compensation (state benefits)
Unemployment Compensation for Federal Employees (UCFE)
Unemployment Compensation for Ex-Servicemembers (UCX)
Pandemic Emergency Unemployment Compensation (PEUC)
Extended Benefits (EB)
Trade Readjustment Allowances (TRA)
Short-Time Compensation (Shared Work)
Pandemic Unemployment Compensation (PUA)

In addition, an individual must have answered “Yes” to being unemployed due to COVID-19 on the initial or renewed claim filing. Those individuals who did not indicate they were unemployed due to COVID-19 and who meet the eligibility requirements will receive a notice from DES providing instructions on how to self-certify.

Individuals whose WBA is less than $100 or who are not unemployed or partially unemployed because of COVID-19 are not eligible to receive the additional $300 supplement.

Question: If I am eligible, when will I receive the LWA benefit and how much will it be?
Answer: 
The Division of Employment Security has begun processing the $300 LWA payments. Payments for the weeks ending 8/1, 8/8, and 8/15 were processed separately. Eligible individuals should NOT expect to receive all their payments on the same day. The first retroactive payments were issued the week of August 29,2020 and all others the week of September 5, 2020. The payment may show in your UInteract account up to 24 hours before the payment is released to the bank. After the payment file is released to the bank, it could take up to 48 hours for processing time with the receiving bank before the payment is in your account.

Question: Do I need to submit an application for the LWA program?
Answer: 
No, there is not an application for the LWA program. Individuals determined eligible under the LWA program will automatically receive the $300 stimulus for any weekly request for payment made for the week ending August 1, 2020, through the week ending September 5, 2020. Any pending payments to eligible recipients will be paid retroactively as allowed by federal guidelines. 

FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION PROGRAM

Question: Who pays for the additional $600 provided under the Federal Pandemic Unemployment Compensation (FPUC) program?
Answer: The FPUC is 100% federally funded.

Question: Can I quit my job to collect unemployment and the $600 weekly FPUC payment?
Answer: 
Missouri’s regular unemployment insurance program continues to be in effect. Under Missouri unemployment law, most people who are currently employed and quit are not eligible for unemployment benefits. If an employer offers sick leave and/or other leave or remote work options to address COVID-19 in lieu of layoffs, then a person who quits on his/her own volition would not qualify for unemployment benefits. The US Department of Labor’s (USDOL’s) guidance states that general fear of COVID-19 will not support continuation of unemployment benefits under regular unemployment or any of the federally funded programs available under the CARES Act.  If an employer provides the employee with suitable work, and the employee quits, then unemployment benefits will cease.  The DES has developed a portal for employers to submit information about employees who quit their jobs. Employers would need to login to UInteract at uinteract.labor.mo.gov, click on “Benefits” and then on “Work Offer Refusal Detail.” Instructions can be found on a Help button on the Work Offer Refusal Detail Screen. Click here for instructions to find the detail screen and template. Employers may complete the Work Offer Refusal Detail Screen or upload a completed Excel template provided on the site. Employers should report quits or work refusals as soon as possible.

Quitting without good cause to obtain additional funds under the regular unemployment program or the CARES Act qualifies as fraud. If an individual obtains benefits through fraud, the individual is ineligible for any additional benefit payments, must pay back the benefits received and is subject to criminal prosecution. An employee notice poster is available here.

Question: What does the Federal Pandemic Unemployment Compensation (FPUC) program provide and when do I receive the benefits?
Answer:
The FPUC provides an additional $600 payment per week to those eligible for at least one dollar ($1 US) in unemployment benefits during that week. The $600 federal supplement provided under the FPUC is effective the week beginning March 29, 2020 . Payments to eligible recipients began the week of April 12, 2020. Payments will be made retroactively for claims filed on or after March 29, 2020. The last payable week under the FPUC will be the week ending July 25, 2020. During the FPUC program period, claimants who are eligible to receive regular unemployment weekly payments will receive the additional $600 FPUC payment.

SELF-EMPLOYED / PANDEMIC UNEMPLOYMENT ASSISTANCE

Question: If I’m self-employed, can I receive unemployment benefits?
Answer: 
Please click here for details about the Pandemic Unemployment Assistance (PUA) program. Self-employed, gig workers, and independent contractors whose businesses have been impacted by the coronavirus are encouraged to apply for unemployment assistance.  Under the PUA program, those who qualify will be eligible for weekly benefit payments of between $133 and $320 per week plus a $600 federal supplement available under the Federal Pandemic Unemployment Compensation (FPUC) program. The federal guidelines provide the FPUC payments only apply to weeks payable from March 29, 2020, through July 25, 2020. These two programs are not regular unemployment insurance, but are new, fully federally funded assistance programs. Both of these provisions have been enacted as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act. Missouri is processing PUA claims beginning with the week of April 19, 2020.

Question: When can self-employed individuals apply for Pandemic Unemployment Assistance (PUA)?  When I filed, I was denied; it said I was “not an insured worker.”  I don’t have enough work history, can I apply for PUA?  I was about to begin a new job but couldn’t because of the coronavirus, can I file for PUA?
Answer: 
Please click here for details about the Pandemic Unemployment Assistance (PUA) program. To be eligible for a PUA claim, individuals must first file a regular unemployment claim and be found ineligible. Most self-employed individuals who file a claim will receive a notice that they are not an insured worker. This is because they are not covered under the regular unemployment insurance system. 

Individuals in these groups who have been negatively impacted by the coronavirus, and have not already filed a claim, are encouraged to file online at uinteract.labor.mo.gov. When filing, individuals should:

  • Indicate “none” when asked for states in which they have worked, unless they have worked for an employer in the last 18 months. This is important because those that were self-employed and impacted by coronavirus may have worked for an employer in the last 18 months and could be eligible for the state’s regular unemployment insurance program. 
  • Receive a notification from DES with further instructions on what information will be needed and how to complete the filing process for the PUA. If those unemployed selected to be notified electronically, an email will be sent the following day after the claim is filed stating to check their correspondence tab in UInteract. All others will be mailed the instructions and should receive the instructions within the time it takes to be delivered by the US Postal Service.

Individuals who have already filed an unemployment claim and have received a notification that they are not an insured worker will also be contacted by the DES with further instructions on what information will be needed and how to complete the filing process for the PUA. The same notification by DES as stated above will apply.

Self-employed, gig workers, independent contractors, and those who otherwise do not qualify for regular unemployment benefits may also choose to provide proof of earnings to potentially increase the amount of benefits received each week. Until additional proof of earnings is provided to increase PUA benefit payments, those eligible for PUA benefits will receive the minimum PUA payment of $133 for each week for which they are eligible to receive payments. Examples of acceptable forms of proof of earnings will include copies of the 2019 income tax returns with related Schedules C, E, F and SE, Form K-1 and/or Form 1099-Misc. If the individual has not filed their 2019 taxes,  the 2019 supporting tax documents will be acceptable proof. These are any documents used to file the income tax return which show 2019 earnings, such as Form 1099, W-2, etc. Individuals will receive instructions from the DES on how to securely submit proof through the UInteract system.

The PUA benefits will be retroactive to when an individual was negatively affected by the coronavirus. PUA payments are estimated to be issued within 10 days of eligibility determination. Claimants should log into UInteract.labor.mo.gov for the most up to date status of eligibility and payments.

Individuals who do not have enough work history or who were unable to begin their new job because of the pandemic are also encouraged to apply for unemployment. If they receive a notice that they are not an insured worker, they will also receive notification from the DES on how to complete their application for the PUA program. Anyone eligible for a PUA claim will also be required to file weekly requests for payment for weeks for which they wish to be paid.

Question 17:  How do I qualify for the Pandemic Unemployment Assistance (PUA) program?
Answer:
Please click here for details about the Pandemic Unemployment Assistance (PUA) program. To be eligible for a PUA claim, individuals must first file a regular unemployment claim and be found not eligible (see above).  Additionally, the individual applying for the PUA must self-certify, under penalty of perjury, that they fall into one of the categories listed below and that intentional misrepresentation in one or more of these categories is fraud and may be subject to criminal prosecution.

To be covered under the PUA, an individual must self-certify that they are able to work and available to work as provided by state law except that they are unemployed, partially unemployed, unable to work or unavailable to work due to at least one of the following categories:

  • The individual has been diagnosed with COVID-19 or is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.
  • A member of the individual’s household has been diagnosed with COVID-19.
  • The individual is providing care for a family member or a member of the individual’s household who has been diagnosed with COVID-19.
  • A child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID-19 public health emergency and such school or facility care is required for the individual to work.
  • The individual is unable to reach the place of employment because of a quarantine imposed as a direct result of the COVID-19 public health emergency.
  • The individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
  • The individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID-19 public health emergency.
  • The individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of COVID-19.
  • The individual has to quit his or her job as a direct result of COVID-19.
  • The individual’s place of employment is closed as a direct result of the COVID-19 public health emergency.
  • The individual is an independent contractor who is unemployed, partially unemployed, or unable or unavailable to work because the COVID-19 health emergency has severely limited their ability to continue performing their customary work activities, and have been forced to suspend such activities.
     

PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION

Question: I've exhausted my benefits; am I eligible for unemployment assistance?
Answer: 
Missouri set up the Pandemic Emergency Unemployment Compensation (PEUC) program beginning the week of April 26, 2020. This program may provide up to an additional 13 weeks of unemployment benefits to those that have exhausted their regular unemployment benefits. While DES will mail and email potentially eligible individuals who have previously applied for benefits, those individuals do not need to wait for the DES to contact them. They may log into UInteract and look under their correspondence tab for instructions on how to file for a PEUC claim. The DES encourages claimants who have exhausted their unemployment benefits, and still have an active benefit year, to continue to file weekly requests for payments.

Under federal law, beginning with the week of May 31, 2020, Missouri has also set up the Extended Benefits (EB) program offering up to an additional 13 weeks of benefits to individuals who have exhausted both their regular unemployment benefits and 13 weeks of the PEUC. Upon exhaustion of regular unemployment and the PEUC, the DES will issue written notification to all individuals who are eligible to apply for the new EB program. Per guidance received by the US Department of Labor, benefits paid under the EB program are being reduced for weeks beginning June 28, 2020 or later by 2.95% for each week. These required budget reductions are generally known as sequestration.

DISASTER UNEMPLOYMENT ASSISTANCE

Question 43: Can an individual receive Disaster Unemployment Assistance due to the coronavirus?
Answer: If the President of the United States declares the coronavirus a national disaster with individual assistance available, and if the individual experiences a loss of work in Missouri as a result, they may be eligible for unemployment benefits and/or Disaster Unemployment Assistance. NOTE: The March 13, 2020, national disaster emergency declaration did NOT include individual assistance. However, the CARES Act does contain a provision for Pandemic Unemployment Assistance.

Federal Legislation

Important Information

Updated 8/17/2020 

On August 8, 2020, President Trump issued an Executive Order authorizing additional payments for eligible individuals receiving unemployment benefits.  On August 15, 2020, the Federal Emergency Management Agency (FEMA) approved Missouri’s application to participate in the Lost Wages Assistance (LWA) program, making Missouri one of the first states in the nation to receive approval under the program. Missourians whose unemployment is a result of the COVID-19 pandemic and are eligible for at least $100 per week of unemployment benefits, may qualify for the additional weekly benefits retroactive to the week ending August 1, 2020.  While awaiting additional guidance from FEMA and the U.S. Department of Labor (USDOL), Missouri will continue as expeditiously as possible to implement the LWA program for eligible unemployed Missourians to be able to receive the additional benefits as soon as possible.  We will update our website as more information becomes available, including any additional eligibility requirements and timelines for payment.  Our unemployment call agents are not able to provide any additional information at this time.  


Updates include the status of CARES Act Implementation

With Congress and the President responding to COVID-19 in multiple ways, it is challenging to keep up with how these recent changes to federal law may impact an individual’s situation at work. The Department is closely tracking recent legislative changes and how they may apply to state government operations and programs. The Missouri Department of Labor and Industrial Relation (DOLIR) will provide updates on this FAQs page as changes are received.

NOTE: The regular unemployment insurance (UI) program continues to be in effect. In Missouri, most people who are currently employed and quit or refuse work are not eligible for unemployment benefits. If an employer offers sick leave and/or other leave options to address COVID-19 in lieu of layoffs, then a person who quits on his/her own volition would not qualify for UI benefits. At this point, no federal legislation changes this part of Missouri’s program eligibility for unemployment benefits.

Coronavirus Aid, Relief, and Economic Security Act (CARES)

On Friday, March 27th, 2020, President Trump signed the CARES Act which, in addition to many other things, added many programs that extend the length, eligibility, and benefit amount for Unemployment Insurance (UI). The next day, DOLIR Director Anna Hui, at Governor Parson’s direction, signed an agreement with the US Department of Labor (USDOL) to administer the programs under the CARES Act once guidance is issued.

The CARES Act has six programs that affect UI, including the following:

  • Pandemic Unemployment Assistance (PUA) – The Pandemic Unemployment Assistance (PUA) program is separate from the regular unemployment insurance program, which will continue to operate. PUA may cover individuals who are not eligible for regular and extended benefits, or Pandemic Emergency Unemployment Compensation (PEUC). This could include independent contractors, self-employed, agricultural workers, etc.
     
  • Federal Pandemic Unemployment Compensation (FPUC) – Under Federal Pandemic Unemployment Compensation (FPUC), an additional amount of $600 may be paid on top of weekly unemployment benefits for up to four (4) months, through the week ending July 25, 2020. In order to receive the $600 FPUC, workers must be eligible for regular unemployment insurance or Pandemic Unemployment Assistance (PUA).
     
  • Pandemic Emergency Unemployment Compensation (PEUC) - The Pandemic Emergency Unemployment Compensation (PEUC) provides up to 13 weeks of additional unemployment benefits to those who have exhausted their regular unemployment benefits.

Families First Coronavirus Response Act

On March 18, 2020, President Trump signed H.R. 6201, the Families First Coronavirus Response Act (FFCRA) into law. The Missouri Department of Labor does not administer this act.

On March 28, the U.S. Department of Labor’s Wage and Hour Division (WHD) published additional implementation guidance pursuant to the FFCRA. The new guidance includes application of new paid leave requirements, fact sheets, and other materials, including  two posters – one for federal workers and one for all other employees – that will fulfill notice requirements for employers obligated to inform employees about their rights under the new law. In addition, the WHD released a question and answer document about paid leave and posting requirements.

As a reminder, the WHD website is the best place for guidance on how the FFCRA applies to an individual’s particular circumstances:

Fact Sheet for Employees

Fact Sheet for Employers

Questions and Answers

  

Coronavirus Preparedness and Response Supplemental

  Signed by President Trump and became law on March 6, 2020.  The Missouri Department of Labor does not administer this Act.

Workers' Compensation

Important Information

Updated 7-28-2020

Visitors are encouraged to bring and wear their own masks and are required to wear masks in accordance with the effective local ordinances.

6-22-2020 - Operational Update:

The Division continues to offer most services remotely and electronically with some in-person matters heard by appointment only. Please read the health and safety guidelines for in-person appointments below.

Thank you for submitting Claims for Compensation and Answers to Claims for Compensation through Box.com - last week 89% were submitted electronically!

Thank you for submitting Stipulations for Compromise Settlement electronically to the local offices - let us know if you have questions or need assistance.

UPDATED: Notarized signatures for pro se claimants

When a stipulation for compromise settlement is signed by the pro se claimant after the telephone appearance before an ALJ the signature must be notarized. Electronic notary information is available on the MO Secretary of State’s website.

Division notices and emails: please read carefully as some direct attorneys to call the local office, or call a WebEx number, or contact the pro se claimant, or report the status of the case to the Division by email or letter.

Pre-hearings: It is preferred that Attorneys agree to submit one status report which will be reviewed by an ALJ who will make a minute entry and add the status report to the legal file. If an Attorney has not responded to attempts to communicate about the case then that can be expressed in the status report submitted to the Division.

Requests for settings: Attorneys must communicate with one another about the case before requesting a setting of any type before an ALJ; the setting is intended to provide assistance with unresolved issues.

Hearings: The Division will schedule hearings by teleconference, videoconference, and in-person settings with priority given to emergency hearings, PTDs, and some complex PPDs where credibility and liability are at issue. The Division may schedule other types of hearings and complex mediations as time/space allows.

A request for hearing should demonstrate that all discovery is complete and issues are ready for final resolution. Expect to participate in a pre-trial conference to discuss issues, witnesses, how the hearing will take place, and how to submit exhibits electronically in advance of the hearing through Box.com.

The Division is a resource if you need assistance with electronic submission of information and communication. Please reach out to a local office or the central office and let us know how we can help.

Filings may be submitted to the Division by Box.com or by Fax to 573-522-5043. Instructions for Box.com are available on the Division’s website. 

Local Office Docketing Contact Chart

 

Local Office Docketing Contact Chart
Local Office Phone Number Docketing Email Address
Cape Girardeau 573-290-5757 CGDocketing@labor.mo.gov
Jefferson City 573-751-4231 JCDocketing@labor.mo.gov
Joplin 417-629-3032 JoplinDocketing@labor.mo.gov
Kansas City 816-889-2481 KCDocketing@labor.mo.gov
Springfield 417-888-4100 SGFDocketing@labor.mo.gov
St. Charles 636-949-1999 STCDocketing@labor.mo.gov
St. Joseph 816-387-2275 STJoeDocketing@labor.mo.gov
St. Louis 314-340-6865 STLDocketing@labor.mo.gov

IMPORTANT MATTERS TO CONSIDER BEFORE IN-PERSON HEARINGS

The safety of the Division’s employees, visitors, parties and attorneys is paramount and therefore sufficient planning and preparation needs to occur before attending in-person hearings.

If you, your client, or a witness can answer “Yes” to any of the following questions, please request a continuance and make arrangements for a telephone/video conference meeting by contacting the docket clerk at the local adjudication office.

Do you, or a person you live with, have:

A temperature of 100.4⁰F or higher, OR
Two or more of the following: chills, new loss of taste or smell, or unexplained body aches, headache, or sore throat, OR 
One or more of the following: dry, non-productive cough (new onset or worsening of chronic cough), shortness of breath, or difficulty breathing, OR
Been with someone who has been regarded as being at high risk for infection, been tested positive for the virus or are in self-quarantine, or are assessing, treating and caring for those with COVID-19 symptoms in the health care field or in a hospital.

Please remember that if you are attending an in-person hearing you need to practice social distancing and follow the guidelines posted at the Division’s facilities. These guidelines ask that you not enter the facilities if you answer “Yes” to any of the above questions.

Visitors are encouraged to bring and wear their own masks. However, we are not requiring Division’s staff or visitors to wear facemasks at this time (unless 6 feet social distancing is not attainable). 

Current Updates

6-22-2020 - Operational Update

The Division continues to offer most services remotely and electronically with some in-person matters heard by appointment only. Please read the health and safety guidelines for in-person appointments below.

Thank you for submitting Claims for Compensation and Answers to Claims for Compensation through Box.com - last week 89% were submitted electronically!

Thank you for submitting Stipulations for Compromise Settlement electronically to the local offices - let us know if you have questions or need assistance.

UPDATED: Notarized signatures for pro se claimants

When a stipulation for compromise settlement is signed by the pro se claimant after the telephone appearance before an ALJ the signature must be notarized. Electronic notary information is available on the MO Secretary of State’s website.

Division notices and emails: please read carefully as some direct attorneys to call the local office, or call a WebEx number, or contact the pro se claimant, or report the status of the case to the Division by email or letter.

Pre-hearings: It is preferred that Attorneys agree to submit one status report which will be reviewed by an ALJ who will make a minute entry and add the status report to the legal file. If an Attorney has not responded to attempts to communicate about the case then that can be expressed in the status report submitted to the Division.

Requests for settings: Attorneys must communicate with one another about the case before requesting a setting of any type before an ALJ; the setting is intended to provide assistance with unresolved issues.

Hearings: The Division will schedule hearings by teleconference, videoconference, and in-person settings with priority given to emergency hearings, PTDs, and some complex PPDs where credibility and liability are at issue. The Division may schedule other types of hearings and complex mediations as time/space allows.

A request for hearing should demonstrate that all discovery is complete and issues are ready for final resolution. Expect to participate in a pre-trial conference to discuss issues, witnesses, how the hearing will take place, and how to submit exhibits electronically in advance of the hearing through Box.com.

The Division is a resource if you need assistance with electronic submission of information and communication. Please reach out to a local office or the central office and let us know how we can help.

Filings may be submitted to the Division by Box.com or by Fax to 573-522-5043. Instructions for Box.com are available on the Division’s website

Local Office Docketing Contact Chart

 

Local Office

Phone

Docketing Email Address

Cape Girardeau

573-290-5757

CGDocketing@labor.mo.gov

Jefferson City

573-751-4231

 JCDocketing@labor.mo.gov

Joplin

417-629-3032

 JoplinDocketing@labor.mo.gov

Kansas City

816-889-2481

 KCDocketing@labor.mo.gov

Springfield

417-888-4100

 SGFDocketing@labor.mo.gov

St. Charles

636-949-1999

 STCDocketing@labor.mo.gov

St. Joseph

816-387-2275

 STJoeDocketing@labor.mo.gov

St. Louis

314-340-6865

 STLDocketing@labor.mo.gov

IMPORTANT MATTERS TO CONSIDER BEFORE IN-PERSON HEARINGS

The safety of the Division’s employees, visitors, parties and attorneys is paramount and therefore sufficient planning and preparation needs to occur before attending in-person hearings.

If you, your client, or a witness can answer “Yes” to any of the following questions, please request a continuance and make arrangements for a telephone/video conference meeting by contacting the docket clerk at the local adjudication office.

Do you, or a person you live with, have:

  • A temperature of 100.4⁰F or higher, OR
  • Two or more of the following: chills, new loss of taste or smell, or unexplained body aches, headache, or sore throat, OR 
  • One or more of the following: dry, non-productive cough (new onset or worsening of chronic cough), shortness of breath, or difficulty breathing, OR
  • Been with someone who has been regarded as being at high risk for infection, been tested positive for the virus or are in self-quarantine, or are assessing, treating and caring for those with COVID-19 symptoms in the health care field or in a hospital.

Please remember that if you are attending an in-person hearing you need to practice social distancing and follow the guidelines posted at the Division’s facilities. These guidelines ask that you not enter the facilities if you answer “Yes” to any of the above questions.

Visitors are encouraged to bring and wear their own masks. However, we are not requiring Division’s staff or visitors to wear facemasks at this time (unless 6 feet social distancing is not attainable). 

EDI Claims Announcement

Missouri Department of Labor and Industrial Relations Division of Workers' Compensation (MODWC) EDI Claims Announcement:

MODWC Claim Administrators and Vendors - New Nature and Cause of Injury Codes for COVID-19 Pandemic

Date: March 27, 2020
To: MODWC Claim Administrators and EDI Vendors

The WCIO has updated the Injury Description Tables that are used by the IAIABC to reflect specific coding in response to COVID-19. A new Cause of Injury Code (DN0037) - 83 for “Pandemic” and a new Nature of Injury Code (DN0035) - 83 for “COVID-19” were approved. The codes are anticipated to be used for the reporting for any claim effective December 2019 or later. The IAIABC recommends that EDI reporting and collection systems be modified to recognize these new codes by April 1, 2020. The new Injury Description Tables may be found on the WCIO website, Injury Description Table page at: wcio.org/Document%20Library/InjuryDescriptionTablePage.aspx. MODWC will be ready to accept these new codes in R1 as recommended by the IAIABC on 4-1-2020.

If you have any questions, please contact moediprogram@labor.mo.gov

Thank you,

MODWC EDI Support Team
modwcedi@iso.com

Presumption of Occupational Disease for First Responders

 On April 7, 2020, the Department of Labor and Industrial Relations with its Division of Workers’ Compensation filed an emergency rule under the workers’ compensation statue to provide a presumption that first responders contracting COVID-19 were infected in the course of their employment.  The Labor and Industrial Relations Commission voted unanimously to approve the emergency rule.

On April 8, 2020, upon receipt of the signed approval of the Commission, the Department of Labor Director, Division of Workers’ Compensation Director and Department General Counsel signed a letter conveying the emergency rule to the Secretary of State and the Joint Commission on Administrative Rules.

After ten business days from date of receipt by the Secretary of State and barring any substantive revisions, the emergency rule will be effective on April 22, 2020.

The emergency rule allows for retroactive application of the presumption for instances which occurred prior to its effective date.

8 CSR 50-5.005 Presumption of Occupational Disease for First Responders

Title 8—DEPARTMENT OF

LABOR AND INDUSTRIAL RELATIONS

Division 50—Division of Workers’ Compensation

Chapter 5—Determination of Disability

EMERGENCY RULE

 

8 CSR 50-5.005 Presumption of Occupational Disease for First Responders

PURPOSE: This emergency rule implements changes to the Missouri Workers’ Compensation Law effected by the Governor’s Executive Order 20-02 and Executive Order 20-04 and pursuant to the Governor’s emergency powers under Chapter 44, RSMo.

EMERGENCY STATEMENT: This emergency rule incorporates and implements changes to the Missouri Workers’ Compensation Law effected by the Governor’s Executive Order 20-02 and Executive Order 20-04 pursuant to the Governor’s emergency powers under Chapter 44, RSMo. Section 44.100, RSMo, provides that during a state of emergency, the Governor is authorized to “perform and exercise such other functions, powers and duties as may be necessary to promote and secure the safety and protection of the civilian population.” Emergency enactment of this rule is necessary to preserve the compelling governmental interest of protecting the health and welfare of First Responders during a time of declared state and national emergency relating to the COVID19 pandemic.

This emergency rule creates a presumption that First Responders infected by or quarantined due to COVID-19 are deemed to have contracted a contagious or communicable occupational disease arising out of and in the course of the performance of their employment.

Emergency enactment of the rule will also assist the Missouri State Department of Health and Senior Services in performing their critical duties of providing for the health and welfare of Missouri citizens.

The scope of this emergency rule is limited to the circumstances creating the emergency and complies with the protections extended in the Missouri and United States Constitutions. The Missouri Division of Workers’ Compensation believes this emergency rule is fair to all interested persons and parties under the circumstances. This emergency rule was filed April 8, 2020, becomes effective April 22, 2020, and expires February 1, 2021.

  1. A First Responder, defined as a law enforcement officer, firefighter or an emergency medical technician (EMT), as such occupations are defined in Section 287.243, who has contracted or is quarantined for COVID-19, is presumed to have an occupational disease arising out of and in the course of their employment. Such presumption shall include situations where the First Responder is quarantined at the direction of the employer due to suspected COVID-19 exposure, or the display of any COVID-19 symptoms, or receives a presumptive positive COVID-19 test, or receives a COVID-19 diagnosis from a physician, or receives a laboratory–confirmed COVID-19 diagnosis.
     
  2. The presumption set forth in section (1) shall retroactively apply to all First Responders who otherwise meet the requirements set forth in this emergency rule.
     
  3. A First Responder is not entitled to the presumption in section (1) if a subsequent medical determination establishes by clear and convincing evidence that the First Responder did not actually have COVID-19, or contracted or was quarantined for COVID-19 resulting from exposure that was not related to the First Responder’s employment.
     
  4. The provisions of this emergency rule shall cease to be in effect at the expiration of the state of emergency declared in Executive Order 20-02 or any successor executive order extending the state of emergency, whichever occurs later, or upon the expiration of this emergency rule as set forth in Chapter 536.
     

AUTHORITY: section 287.650, RSMo 2016. Emergency rule filed April 8, 2020, effective April 22, 2020, expires Feb. 1, 2021.

PUBLIC COST: Due to the state of emergency caused by the COVID-19 pandemic and the impossibility of predicting the viral infection rates, the potential long-term health effects and the fatality rates of First Responders, the fiscal impact of this emergency rule is unknown.

PRIVATE COST: The overwhelming majority, if not all, of the First Responders covered by this emergency rule are employees of state or local governments. Due to the state of emergency caused by the COVID-19 pandemic and the impossibility of predicting the viral infection rates, the potential long-term health effects and the fatality rates of First Responders, the fiscal impact of this emergency rule is unknown.

Notice of Operations – COVID-19

Notice of operations – Covid-19
In the interest of your health and safety, and that of employees at the Division of Workers’ Compensation, please click here for updated information concerning meetings and dockets.

April 2, 2020

NOTICE OF CANCELLATIONS - COVID-19 - CHANGE IN OPERATIONS

All Conferences, Pre-Hearings, and Show Cause Dismissal Settings will be cancelled from April 20, 2020 through May 29, 2020.

The DWC is open for business!

Attorneys - Please contact the local office to schedule a teleconference with an Administrative Law Judge if the parties need assistance with resolving issues.

Scheduled Mediations will still take place - please call or email the local office at least 48 hours in advance of the scheduled mediation to coordinate a teleconference (if you have not already heard from the local office).

Scheduled Hearings:  if the local office cannot host a scheduled hearing  (stay-at-home orders and/or state offices closed to the public) then the hearing will be continued. 

Requests for Hardship Hearings are considered on a case-by-case basis.

Please see the March 19, 2020 Notice for contact and other information.

Thank you for using Box.com and please continue to send documents by email for electronic 

Docketing Email information

ALL IN-PERSON docket settings/trials are canceled through April 17, 2020.

You MAY NOT meet clients and attorneys at DWC offices to handle routine matters, instead please contact clients, other parties, and the Division electronically. See the options below.

Upon request of all parties to a case, a tele-conference with an Administrative Law Judge may be scheduled to discuss your case. Attorneys will decide who will initiate the conference call to include all parties and the Judge. Please submit in advance any documents to review – electronically – to all parties and the Division.

Routine matters can be handled by email and tele-conference:
See the local office docketing email chart on the DWC website and below to submit requests for tele-conferences, mediations, hardship hearings, final hearings, settlements, subpoenas, continuance, entries of appearance and withdrawal, dismissals, and other matters.

Settlements:In most cases, a settlement agreement or Stipulation for Compromise Settlement form can be submitted for an Administrative Law Judge to consider, using the local office docketing email below. The Division may schedule a tele-conference at the request of the parties to the case or upon its own determination. A signed copy of the settlement will be emailed to all parties.
A tele-conference will satisfy the Division’s requirement that an unrepresented employee appear before the Division; notarized signatures of employees are no longer required by the Division.

Urgent matters:
Requests for Hardship Hearings will be considered on a case-by-case basis.

Filings submitted to the Division:
Attorneys - Claims for Compensation and Answers to Claims for Compensation should be submitted electronically through Box.com or by Fax to 573-522-5043. Currently over 58% of all Claims and Answers are submitted using Box.com and a date-stamped copy is generally available within 24 hours.Instructions are available

Local office docketing email chart:

Local Office

Phone

Docketing Email Address

Cape Girardeau

573-290-5757

 CGDocketing@labor.mo.gov

Jefferson City

573-751-4231

 JCDocketing@labor.mo.gov

Joplin

417-629-3032

 JoplinDocketing@labor.mo.gov

Kansas City

816-889-2481

 KCDocketing@labor.mo.gov

Springfield

417-888-4100

 SGFDocketing@labor.mo.gov

St. Charles

636-949-1999

 STCDocketing@labor.mo.gov

St. Joseph

816-387-2275

 STJoeDocketing@labor.mo.gov

St. Louis

314-340-6865

 STLDocketing@labor.mo.gov

  

Discrimination

Resources

The virus that causes COVID-19 seems to be spreading easily and sustainably in the community (“community spread”) in some affected geographic areas.  Community spread means people have been infected with the virus in the area, including some who are not sure how or where they became infected.

Diseases can make anyone sick regardless of their race or ethnicity.  Fear and anxiety about COVID-19 can cause people to avoid or reject others even though they are not at risk for spreading the virus.

Remember that the Missouri Human Rights Act makes it illegal to discriminate on the basis of race and national origin in employment, housing, and public accommodation. 

If you have questions about COVID-19, please visit the following resources:

The Centers for Disease Control and Prevention, www.cdc.gov

The Missouri Department of Health and Senior Services, www.health.mo.gov

The Missouri Commission on Human Rights is the agency mandated to enforce Missouri’s anti-discrimination law.