Most people understand that unemployment benefits provide financial assistance to workers who are between jobs. This is true in all states, but the procedure for applying varies between states. The rules and procedures in Louisiana are quite straightforward if a claimant starts with a clear understanding of the application procedure in the state and the information and backup documents they will need.
Unemployment Benefits in Louisiana
The unemployment benefit program in Louisiana is managed by the Louisiana Workforce Commission (LWC). This agency reviews claims, determines eligibility and handles unemployment benefits. To be eligible for Louisiana unemployment insurance (UI) benefits, an applicant must meet three standard requirements:
- They must be out of work through no fault of their own.
- They must be able and available to work, and actively seeking work.
- They must have earned a certain amount of wages in the recent past to meet the state's financial eligibility requirements.
Note that these requirements have been modified by federal pandemic legislation, starting with the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act. If a worker has a COVID-19 related reason for not working, such as being infected with the virus; caring for someone with COVID-19; or looking after a child whose school has closed because of COVID-19, it is not necessary that the worker actively look for work in Louisiana or any other state to get UI benefits.
Financial Eligibility Requirements
The financial eligibility requirements for Louisiana UI benefits mandate that a claimant have worked in the recent past and earned a minimum amount during their base period. This 12-month period is defined as the earliest four of the five complete calendar quarters (three-month segments) before filing a claim. For example, if a worker filed a claim on March 1, 2021, the last five compete calendar quarters would run from October 1, 2019 through December 31, 2020. The earliest four are the base period, October 1, 2019 through September 30, 2020.
To qualify for benefits in Louisiana, an employee must have made wages of $1,200 or more during the base period. They must also have earned at least 150 percent of their wages in the base period during the highest paid quarter of the base period.
Initiating a UI Claim
No matter how deserving and eligible a Louisiana worker is for unemployment benefits, the money is not going to drop out of the sky into the person's bank account. The individual must initiate a claim with the LWC, then continue to make weekly claims. While it is possible to file an initial claim by phone, it may be difficult to get through in times of high unemployment. Even if a caller does get through, they are likely to be put on hold and may wait for long periods of time.
All in all, it is easier to file an initial UI claim online with LA Works. Look for the topic Unemployment Claims and click on File a Claim. Before doing that, it's a good idea to gather the information you'll need to file a UI claim in Louisiana. This includes personal information like name, address, phone and SSN, as well as work-related information.
Gather the names, addresses, job-site locations and phone numbers for all employers for the past year and a half. Claimants also need their wage information and backup documentation like tax documents. After answering fully and honestly all of the questions in the claim application, a claimant needs to certify at the end of the form that the information provided is true. This is made under penalty of perjury, meaning an individual can get in serious trouble for providing inaccurate information.
LWC Response to Claim
Once an unemployed Louisiana worker sends in their claim for benefits, it is reviewed carefully by the Louisiana Workforce Commission. The LWC will respond in writing, sending the claimant a Monetary Determination notice that states whether the claimant met the earnings requirement to be eligible for UI benefits. If the claimant does qualify, the LWC will also reveal how much the worker can expect to receive each week.
Every worker who qualifies for UI will receive a weekly benefit amount. That amount is between $10 – Louisiana's minimum benefit amount – and $247, the state's maximum benefit amount. While this maximum is among the lowest maximum benefit amounts in the country, it is not the lowest – that belongs to Mississippi, coming in at $235.
Calculating Benefit Amount
Each state decides how it wants its UI agency to calculate benefit amounts for workers. They usually provide a minimum and a maximum amount, and the actual amount awarded depends on the wages earned by the employee while working. Louisiana has chosen a fairly complex formula to calculate weekly benefits: 4 per cent of the average quarterly earnings multiplied by 1.2075.
To calculate the average quarterly earnings during the base period, the agency adds up the earnings for the four calendar quarters of the base period, then divides the result by four. For example, if the earnings during the quarters are $1,000, $2,000, $3,000 and $4,000, they total $10,000, so the average wages per quarter are $2,500. Applying the formula, the individual's weekly benefit amount will be 4 percent of the average quarterly wage, or $100 multiplied by 1.2075. This claimant would be eligible for a benefit amount of $120.75 a week.
The federal government enacted legislation that provides an additional $300 a week in supplemental pandemic UI benefits to anyone eligible for UI benefits in any state. This program lasts through September 6, 2021. A person does not need to file a separate application to receive federal pandemic UI benefits.
Claiming Weekly Benefits
After being approved for unemployment insurance benefits, an unemployed worker in Louisiana must claim benefits every week. Each work week ends at midnight on Saturday, after which time the claimant can file their claim. It is possible to do this online or by phone, using an automated system.
To make the weekly claim, a workers must answer nine questions about the week that just ended, and their answer establishes their eligibility or ineligibility for benefits that week. They answer the questions on the phone by pressing 1 (for yes) or 9 (for no). These are the questions:
- Did you work during this week? If so, list the gross dollar amount of wages earned.
- Did you begin receiving a veteran’s administration allowance, an employer pension, or any other pension during this week, excluding Social Security benefits?
- Did you receive or apply for workers’ compensation during this week?
- Did you receive a vacation or severance payment during this week?
- Did you receive a bonus payment during this week, excluding any incentive payments or safety awards?
- Did you receive any holiday pay during this week?
- Did you refuse work during this week?
- Did you begin attending school or a training program during this week?
- Were you able, available and looking for work during this week?
The agency determines from the individual's answers to these questions whether or not they qualify for UI benefits for the week in question. Usually receiving money from other sources during the week will reduce or eliminate the UI benefit for that period. If the claimant is found to have been dishonest in their answers, they can be cut from UI benefits and prosecuted for fraud.
References
Writer Bio
Teo Spengler earned a JD from U.C. Berkeley Law School. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an MA and an MFA in English/writing and enjoys writing legal blogs and articles. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Spengler splits her time between the French Basque Country and Northern California.