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Employment Development Department
Employment Development Department

Miscellaneous MI 90 - Reason for Decision

Work Sharing

I. DISQUALIFICATION

A. Plan Not Approved (Claimant XE)

(Enter Code Section 1252 - issue WGS and Reason for Decision MI90 A.)

You worked for (employer name) and earned $(enter dollar amount) for the week ending (enter week ending date). Your employer's work sharing plan has not been approved as required by Section 1279.5 of the Code. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

B. Worked for Second Employer - XE

(Enter Code Section 1252 - issue WGS and Reason for Decision MI90 B.)

During the week ending (enter date) you worked for your work share employer and for (enter second employer's name). Your earnings from the second employer equal or exceed the work share amount payable on your claim.

C. Claiming Extended Benefits

(Enter Code Section 1252 - issue WGS and Reason for Decision MI90 C.)

You filed an extended benefit claim effective (enter BYB). Section 1279.5 of the Code does not provide work sharing benefits for any type of extended claim. Therefore, your benefits must be reduced by your work for (enter employer name), for whom you earned wages of $(enter dollar amount). These earnings are considered "excessive."

D. Reduction in Hours and Wages, Less than 10 Percent

(Enter Code Section 1252 - issue WGS and Reason for Decision MI90 D.)

Your reduction in hours and wages is less than ten percent. Section 1279.5 requires that both hours and wages be reduced by at least ten percent to quality for work sharing. Because you do not qualify for the program, you must meet the legal requirement of Section 1252. You worked for (employer name) and earned $(dollar amount) for the week ending (enter week ending date). These earnings are considered "excessive."

E. Absent Without Employer's Approval

(Enter Code Section 1253c - issue AA and Reason for Decision MI90 E.)

You were absent from work without your employer's permission.

F. Did Not Accept All Work Available

(Enter Code Section 1253c - issue AA and Reason for Decision MI90 F.)

You did not accept all work your employer made available to you during the hours you were scheduled off due to the work sharing plan.

G. Employer's Workforce Sharing in Plan Less Than 10 Percent

(Enter Code Section 1252 - issue WGS and Reason for Decision MI90 G.)

Your employer's workforce participating in the work sharing plan is less than ten percent. Section 1279.5 requires that at least ten percent of the employer's workforce be involved in the plan. Because your employer does not have an approved plan, you must meet the legal requirements of Section 1252. Your worked for (employer name) and earned $(enter dollar amount) for the week ending (enter week ending date). These earning are considered "excessive."

H. Certified for Weeks Prior to Plan Approval

(Enter Code Section 1252 - issue WGS and Reason for Decision MI90 H.)

Benefits are not payable for the weeks prior to (enter date of plan approval), the effective date of your employer's work sharing plan. Section 1279.5 requires that a plan be submitted by your employer and approved by the Director before Unemployment Insurance benefits may be authorized. Because your employer did not have an approved plan, you must meet the legal requirements of Section 1252. You worked for (employer name) and earned $(enter dollar amount) for the week ending (enter week ending date). These earning are considered "excessive."

I. Employer Plan Expired

(Enter Code Section 1252 - issue WGS and Reason for Decision MI90 I.)

Your employer's work sharing plan expired on (enter date of expiration). Section 1279.5 states an approved employer plan is necessary to authorize benefits. Because your employer does not have an approved plan, you must meet the legal requirements of Section 1252. You worked for (enter employer name) and earned $(enter dollar amount) for the week ending (enter week ending date). These earnings are considered "excessive."

J. Did Not File Timely Claim

Use MI5 C.

K. LAUSD - Not a Scheduled Work Day

(Enter Code Section 1279.5, issue WS, and Reason for Decision MI 90 K.)

During the week(s) ending (enter date) your employer, LAUSD, reported (enter date) for work sharing purposes. This was not a scheduled work day and therefore cannot be used for work sharing purposes. Although you are not eligible for work sharing benefits, you may be eligible for regular unemployment insurance benefits. If you wish to claim regular unemployment insurance benefits for the above week(s), fill out the enclosed form, DE 1105WX, Eligibility for Regular Unemployment Insurance Benefits, and return it in the enclosed self-addressed envelope.

L. Not a Scheduled Work Day

(Enter Code Section 1279.5, issue WS, and Reason for Decision MI 90 L.)

During the week(s) ending (enter date) your employer, (enter name) reported (enter date) for work sharing purposes. This was not a scheduled work day and therefore cannot be used for work sharing purposes. Although you are not eligible for work sharing benefits, you may be eligible for regular unemployment insurance benefits. If you wish to claim regular unemployment insurance benefits for the above week(s), fill out the enclosed form, DE 1105WX, Eligibility for Regular Unemployment Insurance Benefits, and return it in the enclosed self-addressed envelope.

M. Use of Holiday(s) as Work Sharing (WS) Days

(Enter Code Section 1279.5 - issue WS and Reason for Decision MI 90 M.)

During the week(s) ending (date) your employer, (employer name), reported (name of holiday) for Work Sharing purposes. This was not a scheduled work day and therefore cannot be used for Work Sharing purposes. Although you are not entitled to Work Sharing benefits for the holiday, Work Sharing benefits will be issued for any remaining valid Work Sharing day(s) during this week.

N. Normal Work Week Exceeds 40 Hours

(Enter Code Section 1279.5 - issue WS and Reason for Decision MI90 N.)

Your normal weekly hours of work exceeded forty hours. Section 1279.5 defines the normal weekly hours of work as forty hours or less. Because you do not qualify for the Work Sharing program, you must meet the legal requirements of Section 1252. You worked for (employer name) and earned $(dollar amount) for the week(s) ending (date). These earnings are considered "excessive" and you do not meet the legal requirements for payment of benefits.

O. Normal Work Week

(Enter Code Section 1279.5 - issue WS and Reason for Decision MI90 O.)

You did not complete one normal work week prior to participating in the Work Sharing program. Section 1279.5 requires the completion of one normal work week prior to participating in the Work Sharing program in order to be eligible for Work Sharing benefits. Because you do not qualify for the Work Sharing program, you must meet the legal requirements of Section 1252. You worked for (employer name) and earned $(dollar amount) for the week(s) ending (date). These earnings are considered "excessive" and you do not meet the legal requirements for payment of benefits.

P. Reduction more than 60 percent (New)

(Enter Code Section 1279.5 - issue WS and Reason for Decision MI90 P.)

Your reduction in hours and wages is more than sixty percent. Section 1279.5 requires that both hours and wages be reduced by no more than sixty percent for the week to qualify for work sharing. Because you do not qualify for the program, you must meet the legal requirement of Section 1252. You worked for (enter employer name) and earned (enter dollar amount) for the week ending (date). These earnings are considered “excessive.”

Q. Claiming Extended Benefits (New)

(Enter Code Section 1252 - issue WGS and Reason for Decision MI90 Q.)

You filed a federal extension benefit claim effective (enter BYB). Section 1279.5 of the code does not provide payment of work sharing benefits for this type of claim. Therefore, your benefits must be reduced by your work for (enter employer name), for whom you earned wages of $(enter dollar amount). These earnings are considered "excessive."

R. Employer's Workforce Sharing in Plan Less Than 10 Percent and Less Than Two Employees (New)

(Enter Code Section 1252 - issue WGS and Reason for Decision MI90 R.)

Your employer's workforce participating in the work sharing plan for the affected week is less than ten percent and less than two employees. Section 1279.5 requires that at least ten percent of the employer's regular workforce and at least two employees be involved in the plan. Because your employer does not have an approved plan, you must meet the legal requirements of Section 1252. You worked for (employer name) and earned $(enter dollar amount) for the week ending (enter week ending date). These earnings are considered "excessive."