1903 Unemployment Compensation

Georgia State Seal

Georgia Department of Human Services
Human Resources Policy #1903

Unemployment Compensation

Release Date:

September 01, 2009

Revised Date:

June 11, 2020

Next Review Date:

References:

O.C.G.A. §34-8-1 et seq. — Employment Security Law
O.C.G.A. §45-9-110 — Authorization for consolidation billing procedure reserve fund investment of funds contracting for services provision of unemployment compensation benefits to certain county employees

Section A: General Information

  1. All DHS classified and unclassified employees who separate from employment may file for unemployment compensation benefits. A determination of eligibility will be made by the Georgia Department of Labor (GDOL).

  2. The Department of Administrative Services (DOAS) oversees the unemployment compensation process for State agencies.

  3. DHS Officials (which includes supervisors and Human Resources Representatives (HRP)) are to provide job-related information regarding separations to GDOL representatives. Unusual circumstances should be discussed with the Office of Human Resources Compliance Management prior to releasing information.

Section B: Separation Notice

  1. Immediately following the separation of an employee, regardless of the reason, a Separation Notice (DOL-800) is to be completed. Instructions for completion are included on the reverse side of the Separation Notice. Please see Attachment #2 of DHS Human Resources Policy #1901 — Employment Separation to access the notice.

  2. If an employee is separated for any reason other than “lack of work,” please refer to Attachment #1 — Unemployment Compensation Guidelines of this policy for comments to be added to the Reason for Separation section on the Separation Notice.

    1. When an employee resigns, or otherwise voluntary leaves employment (e.g., does not return from a leave of absence, stops coming to work), a reason should be provided if known. If the reason for leaving employment is not known, then the statement “No Reason Given” should be included.

    2. If there is a question regarding what should be entered in the Reason for Separation section of the Separation Notice, contact Compliance Management.

  3. The Employer’s Name to be listed on the Separation Notice is the “Georgia Department of Human Services” and the specific DHS organizational unit. The Address and Employer’s Telephone Number to be listed are: 2 Peachtree Street, NW, Atlanta, Georgia 30303 (Phone) 404.656.6750 (Fax) 404.463.0920.

  4. The completed Separation Notice is to be distributed as follows:

    1. The original is to be given to the employee at the time of separation, when possible. If not possible, the notice must be mailed to the last known address of the separated employee as soon as possible, but no later than five (5) calendar days after the date the separation occurred or became known; and,

    2. A copy is to be placed in the separated employee’s official personnel file.

  5. In the event of a mass separation (25 or more employees), the Mass Separation Notice and Mass Separation Notice Continuation Sheet (DOL-402 and 402A) should be completed and mailed to the nearest GDOL Unemployment Insurance Claims Office. Copies must be provided to OHR at 2 Peachtree to be placed in each affected employee’s official personnel file. Please include on the Mass Separation Notice a telephone number of the DHS official who has knowledge of the separation.

Section C: Notice of Claim Filed

  1. When a former employee files a claim for unemployment compensation benefits, a Notice of Claim Filed and the Request for Information may be issued by GDOL. This notice is sent to Compliance Management (CM). CM will forward the notice to the appropriate HRP.

  2. The HRP will complete the Notice of Claim Filed and the Request for Information.

    1. A representative from DOL may contact the HRP directly for additional information. All requested job-related information is to be immediately provided to GDOL.

    2. The HRP is responsible for ensuring that the completed notice is returned to the GDOL Unemployment Insurance Claims Office on or before the response due date indicated on the notice.

Section D: Fact-Finding Interview

  1. A fact-finding interview with the former employee may be scheduled by the GDOL Unemployment Insurance Claims Office.

  2. The time and date will be indicated on the Notice of Claim Filed and Request for Information.

  3. If additional information or clarification is needed during the fact-finding interview, a representative from GDOL may contact the HRP directly.

  4. The HRP, supervisor, or other DHS official is to disclose to all factually accurate job-related information regarding the separation of classified and unclassified employees.

  5. An initial claim determination will be issued by the GDOL Unemployment Insurance Claims Office to the HRP.

  6. If the initial claim determination grants unemployment compensation benefits to the former employee, GDOL will advise the HRP.

  7. If a former employee is granted unemployment compensation benefits after being separated based on inability to perform assigned duties or lack of work, no further action will be taken by the Department.

Section E: Appeals

  1. If unemployment compensation benefits to an employee separated for any reason other than inability to perform assigned duties or lack of work, the Department may appeal the claim determination.

    1. If it is determined that an appeal is appropriate, OHR is responsible for filing the appeal.

    2. Any appeal must be filed by the specified deadline provided by the GDOL Unemployment Insurance Claims Office.

  2. The former employee may also appeal the initial claim determination.

  3. When a timely appeal is filed by DHS or the former employee, GDOL issues notification that an appeal has been filed and schedules an administrative hearing.

  4. Compliance Management is available to consult with DHS officials on material needed for the administrative hearing.

  5. A DHS official with first-hand knowledge of the separation must be present at the administrative hearing if testimony is necessary.

  6. The GDOL administrative hearing officer will issue a decision either upholding or modifying the initial claim determination.

  7. If the decision upholds or grants unemployment compensation benefits to the former employee, GDOL will notify DHS. If it is determined that a further appeal is appropriate, DHS is responsible for filing the appeal.

  8. The GDOL administrative hearing officer’s decision will include a deadline by which a further appeal may be filed.

  9. If a timely appeal is filed by DHS or the former employee, a review will be conducted by a Board of Review. The Board of Review will issue a final decision on the claim determination.

For additional information or assistance, please contact your local Human Resource Office, or email DHS-Policies@dhs.ga.gov.