What the law says: This matter is covered by Sections 28(b) and 32(b) of the Michigan Employment Security Act, and by Administrative Rule 210. The law says that for a worker to be eligible to receive unemployment benefits for a week of unemployment, the worker must, among other things, file the claim on time and report, on time, to certify for benefits.

TYPES OF CLAIMS
There are three types of claims that can be filed to start, or restart, a claim for benefits:

A new claim is one that is filed to establish a claim that did not previously exist.

An additional claim is one that is filed to reactivate benefits when a worker already has a claim in existence, interrupts the payment of benefits on the claim by returning to work, and then becomes unemployed again.

A reopened claim is one that is filed when a worker already has a claim in existence, but interrupts the payment of benefits on the claim for a reason other than returning to work, and then seeks to reactivate benefits.

When a worker is reporting regularly to claim benefits by certifying as to his or her continued eligibility for benefits, the worker files a continued claim for each week benefits are being claimed.

TIMELINESS REQUIREMENTS
For a new or additional claim: The filing period is within 7 days from the end of the week containing the individual’s last day of work. So a person laid off on September 6 (see the calendar on this page) would have until the end of the week ending September 14 to file a new or additional claim effective with the week of the layoff.

For a reopened or continued claim: The filing period is within 7 days from the end of the week containing the last day of the period for which the worker is claiming benefits or reporting to certify for benefits. A reopened claim filed on October 11 is effective for that week. A continued claim for the two weeks ending October 12 must be filed by the end of the week ending October 19.

GOOD CAUSE FILING EXTENSION
For good cause (including such things as acts of God, delay in mail delivery, funeral attendance, incarceration, and jury duty), an additional period of 14 days will be permitted for filing the new, additional, or reopened claim, or for reporting to file a continued claim.

For an individual who last worked on Thursday, September 12, a new or additional claim, to be effective for week beginning September 8, must be filed during the week ending September 21. For good cause, that date can be extended 14 days to week ending October 5.

To file a reopened for the week ending October 12, or to report to file a continued claim for the weeks ending October 5 and 12, the claim must be filed during the week ending October 19. For good cause, the filing date is extended 14 more days to the week ending November 2.

If the worker does not have good cause for late filing of a new, additional, reopened, or continued claim, then the claim will be effective as of the week in which it is filed.

If the last weekday of the week is a legal holiday or UIA non-work

To file a reopened for the week ending October 12, or to report to file a continued claim for the weeks ending October 5 and 12, the claim must be filed during the week ending October 19. For good cause, the filing date is extended 14 more days to the week ending November 2.

If the worker does not have good cause for late filing of a new, additional, reopened, or continued claim, then the claim will be effective as of the week in which it is filed.

If the last weekday of the week is a legal holiday or UIA non-work day, then the filing deadlines described above are extended until the next day that is not a legal holiday or UIA non-work day.

METHODS OF FILING CLAIMS AND REPORTING
New Claims
New claims may be filed by the employer as part of the Employer Filed Claims program; by the worker via this Web site; or by calling our Telephone Filed Claims service at 1-866-500-0017.

Additional, Reopened, and Continued Claims
Depending upon the type of claim and the directions to the worker from the UIA, additional, reopened, and continued claims may be filed in several different ways. A continued claim may always be filed using MARVIN (Michigan’s A utomated R esponse Voice I nteractive Network) or may be filed using our Internet, telephone or Employer Filed Claims services. Additional and reopened claims may not be filed by MARVIN, but may be filed via our Internet, telephone or Employer Filed Claims services.

Proof at the hearing: Where the question at a hearing is whether the claim was filed on time, or whether the workerhad good cause for filing late, the burden of proof is on the worker to show that he or she filed on time or had good cause for being late.

For further help: The Unemployment Insurance Agency (UIA) Advocacy Program can provide assistance to employers and unemployed workers in preparing for Administrative Law Judge and Board of Review hearings on this issue. Call 1-800- 638-3994.

The information on this sheet is intended to provide a general understanding of the subject matter. It does not have the force of law or regulation.