Resources for the Unemployed Presented by Maine Equal Justice Partners What We’ll Cover • What protections there are against job loss • Who might be eligible for Unemployment benefits • What other resources might be available I’m losing my job. What do I need to know? Maine Law provides some protections for workers when they leave their jobs. These include: • Protection against being fired or laid off, if the employer’s decision is based on unfair treatment because of your race, sex, religion, sexual orientation, age, physical or mental disability, national origin, ancestry or genetic predisposition; • The right to wages that are owed, including pay, earned vacation time, and sometimes even severance pay. When is it illegal to fire a worker? In most situations, it is not illegal for an employer to fire a worker. But, if you have a contract, it may include some protections. Some cases in which it may be illegal to fire you: • Workers’ Compensation Protections: It is illegal to fire you because you make a claim for workers’ compensation benefits. • Discrimination: The Maine Human Rights Act protects you against unlawful discrimination. You can file a charge with the Maine Human Rights Commission (MHRC) if you think you were fired because of your race or color, sex (includes pregnancy status), religion, sexual orientation, age, physical or mental disability, ancestry or national origin, or genetic pre-disposition. You can also file a charge if you think you were fired because you complained to your employer about discrimination or because you were involved in an MHRC investigation. • Protections for “Whistleblowers”: It is illegal to fire a person for being a “whistleblower.” A whistleblower is a person who reports an action or condition at the workplace that s/he believes is either very dangerous or illegal. What should I do if I think I was fired for any of these reasons? • If you think you were fired because your employer unlawfully discriminated against you, because you made a complaint to the Human Rights Commission or because you “blew the whistle”, you can file a complaint with the Maine Human Rights Commission: Maine Human Rights Commission 51 State House Station Augusta, ME 04333 Phone: (207) 624-6050 TTY: 1 (888) 577-6690 Online: http://www.maine.gov/mhrc/index.shtml You can complete an intake form online at: http://www.maine.gov/mhrc/file_a_charge/index.html Some Important Rights for Workers State and federal laws provide some protections to workers who need time off in family emergencies. These laws may help you if you are: – Coping with an illness or disability (yours or a family member’s) – Expecting a child or have a newborn – Experiencing violence against you or a member of your family Family Sick Leave • This state law allows some Maine workers to use a portion of the paid leave time they have earned in order to care for their child, spouse, or parent who is ill. • This Maine law gives you the right to use up to 40 hours a year of your paid sick time, vacation time, or compensatory (“comp”) time to care for a sick child, parent, or spouse, if: – You work for an employer (public or private) with 25 or more employees; and – Your employer provides paid sick, vacation, and/or comp time; and – You have already “earned” the amount of leave that you want to take (up to 40 hours). What if your employer violates the family sick leave law? If your employer refuses to let you use your sick, vacation, or comp time to take care of your family; OR threatens to fire or otherwise punish you for requesting this leave… Call the Maine Department of Labor, Wage and Hour Division: Phone: (207) 624-6400 TTY: 1 (800) 794-1110 They have the authority to enforce Maine’s Family Sick Leave. For more information: Read Maine’s Family Sick Leave law in the Maine Revised Statutes at: 26 MRSA Section 636, which can be found online at: http://janus.state.me.us/legis/statutes/26/title26sec636.html . Family and Medical Leave in Maine There are two Family and Medical Leave laws that affect Maine workers—a state law and a federal law. They both give certain workers the right to take time off from work because of a serious health condition (yours or a family member’s) or the birth or adoption of a child. Neither of these laws requires that you be paid during the leave, unless you use benefits you have earned (like sick or vacation time) for some or all of your leave. In general, the Maine law covers more people, but the federal law gives better coverage, if it applies to you. When there is a difference between the state and federal law, you can use the one that is more generous, as long as you qualify under that law. But, you can’t add your state and federal leave time together to take the maximum amount of time under both laws. Any leave time you take under one law is offset against the other. Family Medical Leave – comparison of state and federal law Which employers must provide leave? How much leave can I take? How long must I have worked? Can I continue my health insurance coverage while I’m on leave? Maine law Employers with 15 or more employees at one location (all employees count—even those working part time) State agencies Cities and towns with 25 or more workers Up to 10 weeks of unpaid leave in a 2year period At least 12 months in a row Federal law Employers with 50 or more employees, all working within 75 miles of each other Any federal, state, city or town government or agency, including schools Your employer is not required to pay any of the cost of your health insurance premium while you are on leave. But, if you agree to pay the full cost of the premiums while you are out, you must be allowed to continue your health insurance coverage. Your employer must continue your health insurance benefits just as if you were working. This includes paying for some or all of your health insurance benefits if that is what happens while you are working. Also, your employer must treat other benefits, like holiday pay, the same way that other employees on other types of leave are treated. Up to 12 weeks of unpaid leave each year At least 12 months total, but the weeks don’t have to be consecutive. You must have worked at least 1,250 hours during the 12 months before your leave (an average of about 24 hours per week throughout the year). There are rules regarding what health conditions enable you to access Family Medical Leave, what the time lines are for requesting leave, the process for requesting leave, whether you must take the time all at once or can take it intermittently, etc. For more information: • Visit the Pine Tree Legal Assistance website at: http://www.ptla.org/family-medical-leave-maine • Read the Maine Family Medical Leave Act at: 26 MRSA Section 843, which can be found on the Internet at: http://janus.state.me.us/legis/statutes/26/title26sec843.html What if my employer violates the state or federal law? • Talk to a lawyer. Your lawyer can go to court and ask that your employer give you your leave, pay you anything you are owed, pay a fine, and pay for your lawyer’s fees and court costs, too. • If you qualify for a leave under the federal law, you can also file a complaint with the U.S. Department of Labor, Wage and Hour Division: 1 (886) 487-9243 or TTY 1 (877) 889-5627. • For violations of the state law, you can file a complaint with the Maine Department of Labor: 207-6237900 TTY 1-800-794-1110. They may be willing to contact your employer and advocate for a favorable outcome. However, if this doesn’t bring the results you are looking for, your next step would be to go to talk to a lawyer. Leave of Absence Under the Maine Human Rights Act (MHRA) and Americans with Disabilities Act If you don’t qualify for family medical leave, but you have a disability, you may be entitled to leave under anti-discrimination laws. Both the MHRA and the ADA require employers to make “reasonable accommodations” for employees with disabilities. Under some circumstances, leave may be a “reasonable accommodation.” If you need short periods of time off to obtain medical treatment, recover from a disability, or other disability-related reasons, your employer must let you use paid or unpaid leave unless your time off creates a hardship. If you need a longer leave of absence because of a disability, your employer must give you the time off, and return you to your job, unless holding open the position would impose an undue hardship on the employer. Are there any other reasons why my termination from work might have been illegal? Your employer may not fire you solely because: • You were called for jury duty; • The state is taking money out of your paycheck for child support; • The state is taking money out of your paycheck to collect an overpayment of public benefits; • You complained about not getting overtime pay or minimum wages. • Your employer was contacted to verify your eligibility for certain public benefits. For example, Anne is getting General Assistance from her town. The town welfare director calls Anne’s boss to verify her income in order to find out if Anne qualifies for help from the town. The law says that Anne’s boss cannot penalize her because the state or town asked for information about Anne. • Am I entitled to severance pay if I’m laid off from my job? Under Maine law, some employees are eligible for severance pay if their plant closes, moves, or lays off a large number of employees. You may be eligible for severance pay, equal to 1 week’s pay for each year of employment, if all of the following are true: • You worked for the company for 3 years or more; • The company (or part of the company) closed or moved at least 100 miles away; • The company employed 100 or more employees at some time in the year before it closed or moved; • You have not taken a job at the company’s new location; and • The company didn’t close because of a fire, flood, other natural disaster, or because of a final bankruptcy order from the court. If you are eligible for severance pay under a contract with your employer and this amount is smaller than what is required by Maine law, your employer must pay you the difference. For more information, or to file a complaint: Maine Department of Labor Bureau of Labor Standards Voice: (207) 624-6400 TTY: 1 (800) 794-1110. If you are a member of a union, you can contact your union representative. Read the Maine law at: 26 MRSA Section 625-B, which is available on the Internet at: http://janus.state.me.us/legis/statutes/26/title26sec625-b.html Other Questions That May Arise • Who should I call if my employer refuses to give me my back wages? • What if my employer goes bankrupt or out of business and doesn’t pay me what I’m owed? • Maine Department of Labor Wages and Hours Division Voice: (207) 624-6400 TTY: 1(800) 794-1110 Unemployment Compensation Many unemployed workers are eligible but don’t know it…learn more The Basics • Unemployment Insurance (UI) provides weekly benefits to workers unemployed “through no fault of their own” • Maximum weekly benefit: $378.00 (plus $10 per dependent per week up to one half the weekly benefit amount) • Average weekly benefit amount: $281 • Maximum duration of benefits: 26 weeks plus two federal extensions of 14 and 6 weeks = 46 weeks total (October 2013). • Additional 26 weeks available if in an “approved” training program. How to apply; how you will receive your UI benefits • You can file for unemployment benefits online, by telephone, or through the mail. • To file online go to: http://www.maine.gov/labor/unemployment/howtofile.html#online • To file by phone call toll-free: 1-800-593-7660 • You have two options for receiving your unemployment benefit payments: – Direct Deposit - your benefit payments are deposited to your checking or savings account; or – Maine Automated Payment (MAP) Visa Debit Card - your benefit payments are deposited to a prepaid debit card that can be used at ATMs, financial institutions and anywhere that the Visa logo is displayed. Many workers are eligible for UI, but don’t know it • Low-wage workers are among those least likely to receive UI when they become unemployed: they are 2 ½ times more likely to lose their jobs as higher wage workers, BUT only half as likely to get unemployment benefits when they do. • Many workers don’t think they are eligible because: They don’t think they worked long enough to qualify; They believe that the circumstances of their job separation (fired or quit) make them ineligible for UI. I didn’t earn enough money to qualify for UI…or did I? Under Maine law workers will qualify monetarily for UI if they earn: 6 x the state’s average weekly wage ($4,371.78) in their “base period” (a 12-month period ending either one or two quarters before you make your UI claim); and 2 x the AWW ($1,457.26) in each of two quarters in your base period. It may be easier to qualify than you think—for example: A minimum wage earner may qualify for UI if she works: 20 hours a week for 30 weeks in the year; or 35 hours a week for 20 weeks spread over at least two quarters in the year. I quit my job—am I eligible for UI? As a general rule people who quit their job won’t be eligible for UI, BUT there are several important exceptions. You may be eligible if you quit: • For Good Cause attributable to the employment. You won’t be disqualified if you left your job for a good reason related to your employment (e.g. allergic to materials at work; work environment caused serious anxiety; sexual harassment in the workplace). You’ll need to show that you talked to your employer and tried to remedy the problem but could not. • Because of your illness or illness or an immediate family member. You will need to show that you (1) quit because of an illness or disability of an immediate family member; (2) took reasonable steps to protect your job by promptly notifying your employer of need for time or a shift change; and (3) your employer told you that your request was denied. more….. Voluntary Quit Exceptions continued… • To follow your spouse and you are able, available and actively seeking work in your new location. • To accept a new job but the job fell through for reasons caused by your new employer. • To protect yourself or any family member from domestic violence. This includes leaving because you believe that staying at your job is unsafe. You must show that you did what was reasonable under the circumstances to keep your job. more…. Voluntary Quit Exceptions continued… • The job you quit was not your “regular” employment. For example, you have always worked as a teacher’s assistant but took a job in a fast food restaurant for a few weeks and quit. (WARNING: the longer you stay in a non-regular job, the more like a “regular” job it becomes). • Because of a reduction in force. In this case the employer must have announced a layoff; asked for volunteers; you volunteered to be laid off and your employer accepted your offer. I was fired—can I still get UI? Many people believe that if you were fired from your job you cannot get UI. This is not necessarily true. If you were fired, whether or not you can get UI depends on whether you were fired for "misconduct” as defined in Maine’s UI law. Generally speaking, “misconduct” will be found when a worker willfully does something that causes serious harm to his or her employer. What is “Misconduct” Here are some examples of how Maine law defines misconduct: Misconduct is: • Failure to exercise due care for punctuality or attendance after warnings; • Violation of a reasonable workplace rule (not just any rule) that you knew about and that is uniformly applied and enforced; • Dishonesty; • Theft; • Using illegal drugs or alcohol while on the job; • Unauthorized sleeping on the job; • Endangering the safety of yourself, coworkers, customers or members of the public while on duty; • Destroying property. more…. Misconduct continued… Misconduct is not: • an isolated error in judgment; • failure to perform satisfactorily when you made a good faith effort to perform the duties assigned; • absenteeism caused by your illness or the illness of an immediate family member if you made reasonable efforts to give notice of the absence and to comply with the employer's notification rules and policies; • failure to follow an employer’s rule or order when you had a good reason not to (e.g. following it would have jeopardized your safety). I am a part-time worker—can I get UI? Part-time workers are eligible for UI if: • You worked part-time for the majority of weeks in your “base period” AND you are looking for work for at least the same number of hours now; • You worked full-time for the majority of weeks in your base period, but can only work part-time now because of : the illness or disability of yourself or an immediate family member; OR limitations necessary for your safety or protection or that of an immediate family member (e.g. domestic violence; no access to necessary child care). I can’t look for work because I’m in an education or training program—can I still get UI? • Unemployed workers in an “approved” education or training program can continue to receive UI benefits if they are otherwise eligible. • Workers in “approved” training are not required to search for work. • Training is automatically approved if the worker is enrolled in a program under the Workforce Investment Act (WIA). • Otherwise a worker can petition the UIC to approve their education or training program. It will likely be approved if the training is for an “in demand” job and the training provider is accredited or otherwise reputable. • Workers in approved training may be eligible for an additional 26 weeks of unemployment benefits through the Dislocated Worker Program. Important programs for people who are unemployed or working for low wages • • • • • • • Food Supplement benefits MaineCare & other health care assistance Temporary Assistance to Needy Families (TANF) Alternative Aid General Assistance LIHEAP Emergency Assistance Are You Leaving Money on the Table: http://www.ptla.org/are-you-leaving-money-table Food Supplement program • The Food Supplement program (formerly called Food Stamp program; a/k/a SNAP) helps people pay for food. • Each month people get Food Supplement benefits in a Food Supplement account. The program gives them a card, like a debit card from a bank, which they can use to buy food at grocery stores. • Almost all people with low income are eligible for Food Supplements. You do not have to live with children, receive TANF, or be elderly or disabled to get Food Supplements. Many people work and get Food Supplements. • Food Supplement Estimator: http://www.ptla.org/maine-foodsupplement-estimators MaineCare In order to be eligible for MaineCare you must fall into a “category” such as: – Child from 0 to 18 – Parent with minor child(ren) that lives with you – 19 & 20 year old – Elderly – over 65 – Disabled – Pregnant – Other less common category such as HIV positive, Medically Needy, etc. If you don’t fall into one of these categories then you would be considered a socalled “non-categorical” – an adult between the ages of 21 and 64 who is not disabled or pregnant and does not have minor children that live with you. There are different income eligibility levels for the different categories. Please see your handout called “Maine’s Medical Assistance Programs: Who’s Covered and Who’s Not?” The Health Insurance Marketplace The Affordable Care Act (ACA) created a health insurance Marketplace where people can purchase private health insurance. People under 400% FPL ($78,120 for a family of 3) may qualify for subsidies to make the insurance more affordable. If you lose your job you can sign up for insurance in the Marketplace, or change the insurance plan you have in the Marketplace, at any time (regardless of whether it happens during the open enrollment period). For more information or to sign up, visit www.healthcare.gov. To find help applying visit www.enroll207.com. Federally Qualified Health Centers Maine is home to 19 federally qualified health centers (FQHCs, also referred to as community health centers), which operate over 100 delivery sites that can be found in areas and among populations in the state with the greatest needs. At FQHCs, payment for services is based on the patients’ ability to pay. Patients are charged on a sliding fee scale to ensure income or lack of insurance is not a barrier to health and dental care. To find an FQHC in your area go to: http://www.mepca.org/html/find_a_health_center.html MedAccess: 877-275-1787 MedAccess works with individuals and healthcare providers to identify ways patients can save money on prescription medications. The program helps patients and providers evaluate options including low-cost generic programs, Medicare Part D, patient assistance programs and other state and local programs that can help save on prescription medication costs. Maine Breast and Cervical Cancer Program Helps uninsured women, age 40-64, pay for breast or cervical cancer screenings at a participating provider service location site. Uninsured women diagnosed with breast or cervical cancer or undergoing treatment for breast or cervical cancer may also qualify for MaineCare if their income is below 250% FPL. Hospital Free Care All hospitals are required to provide free care to Maine residents who are unable to pay for hospital care. State regulations require hospitals to provide free care to people with income below 150% FPL – BUT SOME HOSPITALS provide free care to people with higher income. Please check with individual hospitals about their Free Care guidelines – most are available on-line or go to Consumer’s for Affordable Health Care website: http://mainecahc.org/guide_hospital.htm#income TANF TANF stands for Temporary Assistance for Needy Families. It is a cash benefit for families with minor children in their home. In order to get TANF you must meet certain eligibility rules. You must show that your child is deprived of the care and support of at least one parent, that you have very low income, and you must take part in the ASPIRE program, unless you have good cause not to. Number in household 1 2 3 4 5 6 7 8 Gross Income Test $ 578 $ 855 $ 1116 $ 1379 $ 1641 $1904 $ 2165 $ 2427 Maximum Grant $ 230 $ 363 $ 485 $ 611 $ 733 $ 856 $ 981 $1,105 If the TANF household spends 75% or more of their income on housing, their Maximum Grant could be up to $200 more. For More Information: http://www.mejp.org/sites/default/files/TANF-ASPIRE-guide.pdf Parents as Scholars PaS is a student aid program that helps low-income parents in 2 or 4 year college programs. It is limited to 2,000 participants at any one time. At this time – October 2013 - there are less than 600 parents enrolled in PaS, so there is still plenty of room in the program. You are eligible for the PaS program if all of the following are true: 1. You are eligible for TANF; 2. You are "matriculating " (enrolled) in a two or four-year postsecondary degree program; 3. You do not already have a bachelor’s degree in a field where there is work available to you; 4. You do not have the skills to earn at least 85% of Maine’s median wage ($995 per week for a family of three); 5. The degree you will be receiving will improve your ability to support your family; and 6. You have the aptitude to complete the educational program that you have chosen. For more information: http://www.mejp.org/content/parents-scholars-pas-program-guide-pdf TANF Five Year Time Limits As of January, 2012, a family cannot get TANF for longer than 60 months unless they qualify for an “exemption” or an “extension.” This is a lifetime limit. Any month that you got TANF cash assistance as an adult since June 1, 1997 will count toward the 60month time limit. A month will count whether you got TANF in Maine or any other state. A month will also count if you were in the Parents as Scholars program. TANF Extensions You may be able to get additional months of TANF after you reach your 60-month time limit if you qualify for a “hardship” extension. DHHS will decide if you can get an extension when you are about to reach your 60-month time limit. In most cases an extension will last for as long as you meet the requirements for it. You will be expected to renew the extension at least every 6 months. The following extensions are available: – Domestic Violence Extension – Disability Extension – Extension for Caring for a Significantly Disabled Family Member – Education or Training Extension – Working Families Extension – Pregnancy Extension – Job Loss Extension – Emergency Situation Extension For more information about Extensions and Exemptions, please check out our website at: http://www.mejp.org/content/tanf-time-limit-rules-hardships Alternative Aid Help for an emergency that prevents you from getting or keeping a job This is an important program for low-income working families – but many don’t know about it. It helps families with children who do not receive TANF to resolve emergencies that prevent them from getting or keeping a job. For example, the program provides help with car repairs, childcare, uniforms, housing-related emergencies, or even dental work if those things are needed to help you get or keep a job. Income Eligibility Amount of Benefit Family Size Gross Monthly Income* Family Size Alternative Aid up to: 2 3 4 5 6 $1,720 $2,165 $2,611 $3,056 $3,502 2 3 4 5 6 $1,089 $1,455 $1,833 $2,199 $2,568 * If you get child support, deduct the first $50 from your income before checking the amounts on this chart. Alternative Aid is paid in the form of a voucher You can apply for Alternative Aid once every 12 months. Families who have timed off TANF due to the 60 month time limit can still qualify for Alternative Aid. General Assistance (GA) General Assistance is a program of last resort for very low-income households when work or other benefit programs cannot meet their basic needs. Towns and cities run General Assistance (GA). Every municipality in Maine has a GA program. GA can help with basic necessities, such as rent, food, clothing, fuel, electric bills, or prescription drugs. • Apply for GA at your town office. For those living in unorganized townships, apply to the Department of Health and Human Services (DHHS) (toll-free) at 1 (800) 4426003;TTY (207) 287-6948. • If you have trouble applying for GA in your city or town, call DHHS (toll-free) at 1 (800) 442-6003 and ask for help getting GA. Be aware that if your application for GA is denied, you have only 5 days to appeal. For help with appeals, contact Pine Tree Legal Assistance. • For more information about GA: Visit or call your local Pine Tree Legal Assistance office, or look on their website at: http://www.ptla.org/general-assistance-maine Fuel assistance: the Low Income Home Energy Assistance Program (LIHEAP) Low-income households can qualify each heating season for help with their fuel bills through the Low Income Home Energy Assistance Program (LIHEAP). You can apply at your local Community Action Program (CAP). For more information about LIHEAP: Visit the Maine State Housing Authority website http://www.mainehousing.org/programsservices/energy/energydetails/low-income-home-energyassistance-program The Emergency Assistance Program (EA) To be eligible for Emergency Assistance (EA), you must: • Have a child 20 or younger who lives in your household or be in your last trimester of pregnancy; and • Be a “specified relative” of the child. (This is almost any relative including a stepparent, grandparent, adoptive parent, aunt, sibling, or the spouse of any relative); and • Have income at or below 100% FPL ($1,628 for a household size of 3). You may also qualify if you get TANF, Parents as Scholars, SSI, or Food Stamps as long as every household member applying for EA gets one of these benefits. Important note: You can get Emergency Assistance only once every 12 months. Since you will not be able to qualify again for twelve months, apply for everything you need (up to $600) at the same time, or within 30 days of your first application. Emergency Assistance - continued Five (5) kinds of emergencies qualify for help from the Emergency Assistance (EA) program. • Disasters. If a fire, flood, or storm damages your home or basic household items, EA can help. It can replace things like clothing, food, or basic household items. You can also use it to pay for moving or storing basic household items after a disaster. You must apply for EA within 90 days of the disaster. Maximum assistance: $350. • Repair or Replacement. If your septic system, chimney, plumbing, furnace, or similar kind of equipment breaks or wears out, EA can repair or replace it. Maximum assistance: $500. • Eviction or other housing emergency. Maximum assistance: $250. • Utility shut-off. If your utility has been shut off or you have a shut off notice for your electricity, gas, water, or sewerage, EA can help pay past due bills. If you were shut off in the past and you have to pay that old bill before you can get service in your name, EA can pay that old bill. EA will only help if the company will not shut off or will restore your service if the payment is made. Maximum assistance: $150. • Special medical equipment or clothing. If someone in your family is physically or mentally incapacitated, EA can help pay for special equipment or clothing. Examples include the cost of adapting your home, corrective shoes, leg or back braces, or special stockings. Eyeglasses for adults are not covered. EA will not pay for items that you can get through MaineCare or Vocational Rehabilitation. Maximum assistance: $250. THANK YOU for the work you do and for taking the time to come to this workshop today. Any Questions or Comments? 46
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