If I receive notice that my employee is continuing to receive unemployment benefits even though I have requested they return to work, how do I inform EDD?

You can inform the California Employment Development Department (EDD) that you requested your employee to return to work and the employee refused. The EDD will use this new information in determining whether your employee can continue to receive unemployment insurance (UI) benefits.

Inform the EDD as follows:

After you received a Notice of Unemployment Insurance Claim Filed (DE 1101CZ): This notice was mailed to you if you were the employee’s very last employer when a claim for UI benefits was filed by your employee. It provides general information about the claim including the reason the claimant states they’re no longer working. This was the first opportunity for you as the last employer to provide eligibility information about the claimant by responding in writing and mailing your response to the notice within 10 days of the mail date located at the top of the notice.

Under the law, if you acquire knowledge of facts that may affect the claimant’s UI eligibility and those facts could not reasonably have been known within this initial 10-day response period, you have 10 days after acquiring that new knowledge to submit those facts to the EDD. Thus, within 10 days of your employee’s refusal to return to work, you may send a letter to the EDD at the address listed on the original notice that was provided when you received the Notice of Unemployment Insurance Claim Filed (DE 1101CZ), in order to inform the EDD of this information.

After you received a Notice of Wages Used for Unemployment Insurance Claim (DE 1545): This notice was mailed to all base period employers after the first payment was made on a UI claim. It advises employers of the percentage of benefits chargeable to their employer reserve account. This notice provides base period employers with the opportunity to submit eligibility information about the claimant by responding in writing and mailing the response within 15 days from the mail date located at the top of the notice.

Under the law, base period employers may also submit information about the claimant’s UI eligibility that is newly detected after the initial 15-day response period. The base period employer must respond within 15 days of identifying new eligibility information. Thus, within 15 days of your employee’s refusal to return to work, you may send a letter to the EDD at the address listed on the Notice of Wages Used for Unemployment Insurance Claim (DE 1545), in order to inform the EDD of this information.

For more information, visit EDD’s COVID-19 FAQS: Employer Information.

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