UI claimant and employer messaging toolkit

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                  Unemployment Insurance
               ADVISORY SYSTEM                             CORRESPONDENCE SYMBOL
                                                           OUI
          U.S. DEPARTMENT OF LABOR
                                                           DATE
             Washington, D.C. 20210                        March 19, 2012

ADVISORY:         UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 11-12

TO:               STATE WORKFORCE AGENCIES

FROM:             JANE OATES /s/
                  Assistant Secretary

SUBJECT:          Unemployment Insurance (UI) Claimant and Employer Messaging Toolkit
                  Availability and State Implementation

1. Purpose. To provide information on the availability of a UI Claimant and Employer
   Messaging Toolkit (Toolkit) containing products and tools designed for use by state UI
   agencies, and remind states that accepted Fiscal Year (FY) 2011 supplemental funding of the
   requirement, as a condition of the supplemental funding opportunity for UI integrity (see
   Unemployment Insurance Program Letter (UIPL) No. 26-11), to incorporate at least one
   product or tool from the Toolkit into their statewide messaging campaign.

2. References.
    Executive Order (E.O.) 13520, Reducing Improper Payments (November 20, 2009);
    Improper Payment Information Act of 2002 (IPIA; 31 U.S.C. 3321);
    Improper Payment Elimination and Recovery Act of 2010 (IPERA; 31 U.S.C. 3301);
    UIPL No. 19-11, National Effort to Reduce Improper Payments in the Unemployment
      Insurance (UI) Program; and
    UIPL No. 26-11, Unemployment Insurance (UI) Supplemental Funding Opportunity for
      Program Integrity and Performance and System Improvements.

3. Background. On November 20, 2009, President Obama signed E.O. 13520, Reducing
   Improper Payments. It emphasized the need to eliminate waste, fraud and abuse in federally
   administered programs while protecting access to these programs by their intended
   beneficiaries. Subsequently, the IPIA, as amended by IPERA, required Federal agencies to
   review their programs and program activities annually, identify programs and areas that may
   be susceptible to significant overpayments, and develop and implement corrective action
   plans for any “high-risk” programs. Under the IPIA, an agency which reports an improper
   payment rate above 10 percent for a program it administers will be determined to be out of
   compliance and will trigger oversight by Congress, the Office of Management and Budget
   (OMB) and the Office of the Inspector General.

   On June 10, 2011, the Department of Labor (Department) issued UIPL No. 19-11, National
   Effort to Reduce Improper Payments in the UI Program, to notify stakeholders that UI
   integrity is a top priority and to provide a strategic plan to reduce UI improper payments that

 RESCISSIONS                                              EXPIRATION DATE
 None                                                     Continuing

   contained new strategies aimed at addressing root causes of overpayments to achieve
   immediate overpayment reductions. That UIPL strongly encouraged all states to take action
   immediately to reduce the improper payment rate, including a review of the wording of the
   state’s continued claims certification form or telephone script to assess whether any questions
   or language should be made clearer to ensure claimants understand what is being asked.

   The Department also announced in UIPL No. 26-11 a supplemental funding opportunity to
   help the states develop their own state-specific strategies to reduce the improper payment
   rate. As a condition of eligibility, that funding opportunity required states to implement a
   messaging targeted at UI claimants and employers to: 1) improve claimants’ awareness of
   their responsibility to report any work and earnings if they are claiming benefits, 2) improve
   claimants’ understanding of work search requirements as a condition of eligibility for
   benefits; and 3) improve employers’ awareness of their responsibility to respond to state
   requests for separation information and/or earnings/wage verifications. Sample materials for
   this messaging campaign and recommended uses would be provided by the Department.

4. Toolkit Resources. Created through a grant from the Department to the Information
   Technology Support Center (ITSC), the Toolkit serves as a resource to state unemployment
   agencies to help improve claimant and employer understanding and compliance with
   established rules and procedures related to UI claims. The Toolkit was posted to the
   members-only section of the ITSC Web site (http://www.itsc.org/), the UI Community of
   Practice (http://ui.workforce3one.org/), as well as the UI Payment Integrity home page
   (http://www.oui.doleta.gov/unemploy/improp_pay.asp). As stated in UIPL No. 26-11, as a
   condition of the funding, states must consider how to incorporate these messaging products
   and tools to implement at least one item from the Toolkit. In March 2012, states will be
   invited to a webinar that will highlight examples of state implementation of messaging
   products and tools from the Toolkit.

   The Toolkit is designed to serve as a reference to states on claimant and employer messaging
   issues, including “ready to use” messages, templates, sample recorded videos, and audio
   scripts for state recording. The Toolkit is also designed to provide state agencies with
   specific recommendations to augment their communications with claimants and employers
   throughout the UI process, recognizing that differences exist between state processes,
   terminology and regulations.

   Resources in the Toolkit include:

      Baseline message products offered in a variety of formats for state agency use, to be used
       as produced or customized as necessary.

      Message concepts on important topics, including basic requirements for UI benefits;
       requirements for claimants to remain in-contact with the state agency while actively
       collecting UI benefits; procedures for claimants returning to work; employer
       responsibilities related to reporting new hires to the State Directory of New Hires;
       employer responsibilities related to verifying employee earnings; and employer
       responsibilities related to reporting separation information.

      Examples of communication activities and messages to better inform and engage
       claimants and employers throughout the UI process.

      Suggestions for display of these messages on State Web sites.

      Suggestions for the use of Social Media.

   The messages and products contained in the Toolkit are available in both English and
   Spanish. States may need to customize the messages and materials for consistency with their
   own established programs and procedures.

5. Action Requested. State administrators are requested to:

       a) Distribute this information throughout the UI community and to interested
          stakeholders;
       b) Within the context of the state’s strategic plan to address UI improper payments,
          identify strategies to use and adapt the tools for a state-specific claimant and
          employer messaging campaign; and
       c) For states that have accepted FY 2011 supplemental funding, ensure that products and
          tools from the Toolkit are incorporated into their statewide messaging campaign in
          accordance with their funding agreement.

6. Inquiries. Questions should be directed to the appropriate Regional Office.