Current through August, 2024
(a) A new claim may
be filed by any individual who has become totally, part-totally, or partially
unemployed. The new claim shall be filed in person, by mail, by telephone, or
by using other alternative claims filing procedures as instructed or authorized
by the department and in the manner prescribed by the department.
(b) The effective date of a claim for
benefits shall be the first day of the week in which the claim is filed, except
as otherwise provided in this section. The department may apply an earlier
effective date if it can be shown to the satisfaction of the department that
the individual's delay in filing is excusable for good cause, including but not
limited to a reasonable misunderstanding by the individual, misinformation from
the department, unavailability of acceptable methods of claims filing provided
by the department, or for transitional claims which are effective the day after
the prior benefit year ends.
(c)
For partially unemployed individuals, a new claim may be taken within
twenty-eight days from the week ending date of the first week of partial
unemployment for which the claim is filed, provided, an individual shall not be
required to file a claim earlier than two weeks from the date wages are paid
for the claim period.
(d) The
individual shall present, upon request, identification issued by a governmental
agency which displays a photograph of the individual's face, the individual's
signature, and the individual's social security account number, unless this
requirement is waived by the department. If this identification is not
available to the individual, the individual shall secure identification or
submit to such reasonable identification procedures as the department may
require, such as a notarized document attesting to the identity of the
individual. If an individual fails or refuses to provide identification
required in this subsection, the department may refuse to take action upon the
individual's application, and unless proper identification is provided within
two weeks, a determination to deny from the effective date of the initial claim
shall be issued.
(e) Continued
claim certifications for total or part-total unemployment benefits shall be
filed as follows:
(1) An individual may file
a continued claim certification for the purpose of satisfying the waiting
period requirement, or claiming benefits for a compensable week by certifying
that:
(A) The individual was unemployed
during the week for which the claim is filed;
(B) The individual has earned no wages except
as stated;
(C) The individual was
able to work and available for work;
(D) The individual has not refused a job
referral or offer of work; and
(E)
The individual shall provide such other relevant information as the department
may require.
(2) An
individual shall file a continued claim certification in person, by mail, by
telephone or by using other alternative claim filing procedures as instructed
or authorized by the department and in the manner prescribed by the
department.
(3) The individual
shall file continued claim certifications weekly or bi-weekly in accordance
with paragraph (2). When deemed necessary by the department, the individual
shall file continued claim certifications at such other intervals as the
department shall require.
(4) The
continued claim certification shall be filed in the manner prescribed by the
department not later than seven calendar days following the last day of the
week, or the last day of the two-week period in the case of bi-weekly filing
intervals, for which benefits or waiting week credit is claimed. For continued
claims filed by mail, the postmark date of the envelope in which the claim was
mailed shall determine the date of filing. For continued claim certifications
filed by telephone, the date that the telephonic transaction was completed by
the individual and accepted by the remote claims taking system shall determine
the date of filing. The department may extend the time allowed for filing a
continued claim certification if the failure to file the claim certification
within the time allowed is excused for good cause as determined by the
department. Good cause includes but is not limited to:
(A) Incapacitation of the individual;
or
(B) Failure to understand filing
requirements.
(5) If an
individual fails to file continued claim certifications for benefits for two or
more consecutive weeks in the manner prescribed by paragraph (4), the
individual shall be required to file a reopened claim in the same manner
prescribed by subsections (a) and (b) for new claims.
(6) The department, upon showing of
convenience or necessity, may transfer the individual to the office of the
unemployment insurance division which has jurisdiction over the area in which
the individual resides.
(7)
Individuals who temporarily leave the area in which they are currently filing
for benefits and registered for work may file for not more than two consecutive
weeks of benefits by telephone or by reporting in person to an unemployment
insurance claims office serving the new area. The continued claims for benefits
shall comply with the requirements in this subsection. If the individual
remains in the new area for a longer period of time, an initial interstate
claim should be filed. However, the requirements of this subsection may not
apply if the individual is instructed or authorized to do otherwise by the
department or the unemployment insurance claims office in the new area.
Failure to comply with this subsection, including the failure
to provide relevant information as required, shall be considered a failure to
file claims in accordance with section
383-29(a)(1),
Hawaii Revised Statutes. Benefits shall be denied for the week in which the
individual's failure to file occurs and continuing until the conditions of this
subsection are met.
(f) Additional claims for total and
part-total benefits shall be filed as follows:
(1) After a series of claims for consecutive
weeks of unemployment is broken by the employment of the individual, the
individual, upon subsequent unemployment during the remainder of the benefit
year previously established, shall file an additional claim in the manner
prescribed by section
12-5-81(a)
and (b) in order to begin a new series of claims, provided the unemployment is
not partial unemployment.
(2) To
file an additional claim, an individual shall:
(A) On the date the additional claim is
filed, be unemployed and have separated from work;
(B) Be registered for work as prescribed by
section
12-5-31;
(C) Complete and file with the department an
additional claim form unless otherwise instructed or authorized by the
department in accordance with section
12-5-81(a)
and (b); and
(D) Furnish such
information as the department may require.
(g) Continued claim certifications for
partial benefits shall be filed as follows:
(1) An individual may file a continued claim
certification for partial benefits in person, by mail, by telephone or by using
other alternative claim filing procedures as instructed or authorized by the
department and in the manner prescribed by the department with respect to each
week of the individual's partial unemployment. A continued claim certification
shall be filed in the same manner as prescribed in section
12-5-81(e)(1)
not later than twenty-eight days from the end of the week for which the
individual claims benefits; provided an individual shall not be required to
file a continued claim certification earlier than two weeks from the date wages
are paid for a claim period.
(2)
If, after a week of partial unemployment, four or fewer consecutive weeks of
total unemployment follow the week of partial unemployment, the weeks of total
unemployment may be deemed weeks of partial unemployment. However, if total
unemployment extends beyond four consecutive weeks, the individual shall be
deemed totally unemployed.
(3)
Notwithstanding paragraph (2), the department may extend partial unemployment
beyond four consecutive weeks of total unemployment under conditions including
but not limited to:
(A) The individual is
retained in an employer-employee relationship; and
(B) The individual is under obligation to
reserve services for the employer; and
(C) The individual has a definite or
reasonably imminent return to work date.
(h) The initial claims of individuals who are
affected by a mass separation may be taken as a group by the department. The
term "mass separation" means a separation (permanently or for an indefinite
period or for an expected duration of seven or more days) of fifty or more
workers, employed in a single establishment, at or about the same time and for
the same reason whether or not there is a severance of the employment
relationship.
(i) An individual
shall report in person as requested or provide information by mail, by
telephone or as instructed by the department, to an office of the unemployment
insurance division, to an itinerant point, or to a designated agency as
instructed at such days and hours as required by the department for any of the
following purposes:
(1) Attending an
eligibility benefit rights interview, unless the individual has waived, in
writing and with the permission of the department, attendance at the
interview;
(2) Providing
information at a periodic eligibility interview;
(3) Providing information to determine or
redetermine that individual's eligibility for benefit under chapter
383, Hawaii Revised
Statutes;
(4) Providing information
to determine or redetermine that individual's liability for repayment of any
overpaid benefits; or
(5) Attending
a worker profiling orientation or assessment in accordance with section
383-29(a)(6),
Hawaii Revised Statutes.
Failure to comply with this subsection shall be considered a
failure to file claims in accordance with section
383-29(a)(1),
Hawaii Revised Statutes. Unless the individual's failure to comply is excused
for good cause pursuant to subsection (j), benefits shall be denied beginning
with the week in which the individual failed to comply as instructed and
continuing until the conditions of this subsection are met.
(j) An individual's failure to
report as scheduled or to provide information to the department for any of the
purposes in subsection (i) may be excused for good cause. A Good cause@ means:
(1) Illness or disability of the
individual;
(2) Keeping an
appointment for a job interview;
(3) Attending a funeral of a family member;
and
(4) Any other reason which
would prevent a reasonable person from complying as directed. For the purpose
of this subsection, "failure to comply" means a failure to report during the
regular office hours of the unemployment insurance office on the scheduled day
or a failure to provide information by a date specified by the department,
except that with respect to an individual scheduled to report at an itinerant
point or at a designated agency, failure to report means a failure to report
during the hours as instructed on the scheduled day.
(k) In using telephone, or other alternative
or remote claims taking procedures to file a claim as prescribed by section
383-29(a)(1),
Hawaii Revised Statutes, an individual may be required to establish a personal
identification number (PIN) as instructed by the department. The PIN is
confidential and the individual shall not disclose that PIN to anyone else
unless authorized to do so by the department. Each individual shall be
responsible for all claims filed under the individual's social security number
and PIN.
