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Proposed reemployment performance measure for unemployment claimants

Summary ETA proposed using the share of unemployment claimants with reported wages in the quarter after their first payment as a reemployment measure. It sought comment on a performance benchmark that would account for state unemployment rates and the share of claimants exempt from work search, with illustrative state figures attached. ETA now lists the proposal as Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
UIPL No. 12-08
Date issued
February 13, 2008
Status
Withdrawn
ETA lists this proposal letter Canceled as of 2026-10-24; its PDF prints an expiration date of February 13, 2009.
Status last verified October 24, 2026

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This document has been withdrawn. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.

This document has been withdrawn
ETA lists this proposal letter Canceled as of 2026-10-24; its PDF prints an expiration date of February 13, 2009. It no longer reflects the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
UIPL12-08acc.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2008/UIPL12-08acc.pdf)

                                                      CLASSIFICATION
                                                      UI
          Employment and Training Administration
                                                      CORRESPONDENCE SYMBOL
                    Advisory System
                U.S. Department of Labor              OWS/DPM
                 Washington, D.C. 20210               DATE
                                                      February 13, 2008

ADVISORY:         UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 12-08

TO:               STATE WORKFORCE AGENCIES

FROM:             DOUGLAS F. SMALL
                  Deputy Assistant Secretary
SUBJECT:          Establishing an Acceptable Level of Performance (ALP) for the
                  Unemployment Insurance (UI) Reemployment Rate Measure

1. Purpose. To solicit comments on the proposed definition for the UI Performs core
   measure, “Facilitate the Reemployment of UI Claimants,” and the approach used for
   setting the ALP.

2. References. Unemployment Insurance Program Letter (UIPL) No. 14-05, “Changes
   to UI Performs,” (February 18, 2005); UIPL 1-06, “Collection of Data on the
   Facilitation of Reemployment of Unemployment Insurance (UI) Benefit Recipients”
   (October 6, 2005); Training and Employment Guidance Letter (TEGL) 24-05, Change
   1, “Baseline Value and the Fiscal Year (FY) 2007 Target for the Indicator used for the
   Government Performance and Results Act (GPRA) Goal to Facilitate the
   Reemployment of Unemployment Insurance (UI) Claimants,” (January 19, 2007).

3. Background. In March 2006, states began submitting data on the number of
   beneficiaries who received a UI first benefit payment in one quarter and for whom
   earnings were reported in the quarter following their first payment. These data were
   used to calculate a baseline for the UI GPRA reemployment rate measure. In TEGL
   24-05, Change 1, ETA announced that the baseline reemployment rate was 62.4%, and
   set the fiscal year (FY) 2007 GPRA Facilitate Reemployment goal at 65%. The TEGL
   also advised states that the development of a UI Performs measure “with a criterion
   by which to assess individual states’ success in facilitating UI reemployment” was in
   progress.

  Each calendar quarter, on the ETA 9047 report, states report separate counts for
  beneficiaries receiving first payments who are exempt from work
  search/employment service registration “exempt”, in most cases because they are
  job-attached with definite recall dates, and those who must conduct work search or
  register “nonexempt”. They also report on the ETA 9047 report the number of

 RESCISSIONS                                          EXPIRATION DATE
 None                                                 February 13, 2009


  beneficiaries for whom intrastate or interstate wages are reported in the subsequent
  quarter. (The latest ETA 9047 report indicates that all but 9 states are crossmatching
  their first payments against both interstate and intrastate wage record databases).
  The GPRA measure is defined as the percentage of all UI claimants receiving a first
  payment in a calendar quarter who were paid wages in the following quarter that
  appear in UI wage records.

4. Defining the UI Performs Core Measure. We are proposing using the same
   definition for the UI Performs core measure as for the GPRA measure for purposes of
   consistency and its uniform application to all states.

5. Establishing the Reemployment ALP. One of the basic tenets of UI performance
   measure criteria is that they be comparable across all states. Our analysis showed
   that state performance in reemployment of beneficiaries is influenced by forces
   outside the control of the agency administering the state UI law, most notably by the
   economic conditions in the state, as measured by the Total Unemployment Rate
   (TUR), and the percent of beneficiaries that are on temporary layoff, as measured by
   the percent of claimants who are not required to search for work or register with the
   state employment office. Our analysis, made using the statistical technique of
   multiple regression to identify those factors that most influenced state reemployment
   rates, identified the two described above as particularly significant. In most states,
   claimants who are exempt from work search/employment service registration
   (mostly due to job attachment) have much higher rates of reemployment in the
   succeeding quarter. Also, the state reemployment rates are highly sensitive to state
   economic conditions, as measured by the TUR. Therefore, it is essential for the ALP
   to take into account differences in the proportion of exempt/nonexempt claimants
   and the TUR.

6. Development of Proposed Criteria. A regression equation using 1st payment data for
   the four calendar year (CY) 2006 quarters and total reemployment rates for the
   following quarters (April 2006 through March 2007) was used to generate the table of
   ALPs on the next page. Each state will be assigned its ALP by finding the row that
   reflects the state TUR and the column that reflects the percent of state claimants who
   are not on temporary layoff; the cell where the appropriate row and column intersect
   is the state’s ALP.

        FY 2008 ALPs for Reemployment of UI Beneficiaries
         Based on Quarterly 1st Payments During CY 2006
    TUR                % of Non-Exempt Claimants
    (%)                          >70 -   >60 -
             >90    >80 -90                      >50 - 60 ≤50
                                  80      70
    ≤2        66       67         69      72       74      77
    >2 to 3
                64         65        67         70       72       75


    >3 to 4     61        62         65         67      70       72
    >4 to 5     59        60         62         65      67       70
    >5 to 6     57        57         60         62      65       67
    >6 to 7     54        55         58         60      63       65
    >7 to 8     52        53         55         58      60       63
    >8 to 9     50        50         53         55      58       60
    >9 to 10    47        48         50         53      55       58
    >10 to 11   45        46         48         51      53       56

  The attached table shows each state's ALP associated with its CY 2006 TUR and its
  percent of claimants receiving a first payment who are not exempt from work search.
  Based on reemployment rates for first pays made during CY 2006, 15 states
  (highlighted) would fall short of their appropriate ALP.

7. Administering the Reemployment Core Measure. This measure differs from the
   typical UI Performs core measure in two ways.
   ƒ First, results for the other UI Performs core measures are based on the
      performance period of April – March. Because the reemployment ALP relies on
      wage-record crossmatches, states will not be able to report their reemployment
      data for the April- March performance period until September. This is too late to
      be used in development of the State Quality Service Plans (SQSP) for the
      following fiscal year, which begins in early June each year.
   ƒ Second, all other core measures have only one ALP, while for this measure a
      matrix of ALPs is proposed.

   In light of these differences, we plan to administer the Facilitation of Reemployment
   core measure as follows:
   ƒ Period of Performance. The SQSP performance period will be the calendar year.
       That is, it will be based on the number of claimants receiving first payments
       during the 12 month period ending in September who are reemployed one
       quarter later, during the 12 months ending in December. These data will be
       available in mid-to-late June, early enough for the SQSP process.

   ƒ  Performance Against ALP. In May, OWS will provide states with information
      through the Regional Offices on reemployment rates for the period ending
      September 30 as an advance indication of performance. At that time, OWS will
      also provide each state’s TUR for the calendar year, and the proportion of first
      payments that are nonexempt from work search for the year ending June 30 of
      the previous year. This will inform states of their expected ALPs for the SQSP
      performance period. A state will not know its actual ALP until it can combine its
      percent of nonexempt claimants from the ETA 9047 report, with its calendar year
      TUR.
   A state reporting a reemployment rate below its ALP will be expected to prepare
   and include a Corrective Action Plan in its SQSP for the succeeding fiscal year.




    OWS will continue to work with states to improve ETA 9047 reporting accuracy and
    will re-estimate regression models as more data are gathered. This may lead to
    revisions in the matrix of ALPs. Although it seems probable that the proposed
    procedures will accurately accommodate changes in state TURs for the short run,
    and in light of Administration economic assumptions, substantial changes in
    economic conditions may affect how the TUR and the division of
    exempt/nonexempt claimants relate to reemployment. If these relationships change
    materially, we will provide a new set of ALPs for this core measure.


    8. Action Required. State Administrators are requested to:
     ƒ Provide the above information to appropriate staff for comment;
     ƒ Within 45 days, provide comments on the proposed definition for the measure
        to facilitate reemployment, on the approach to be used to set ALPs, and on the
        approach to be used to administer this core measure after publication of the final
        directive; and
     ƒ Ensure that the data provided on the ETA 9047 report are accurate and reflect
        interstate job matches.

    9. Inquiries. All inquiries should be directed to the appropriate Regional Office.

10. Attachment. Reported CY 2006 Reemployment Rates by State against ALPs
    proposed.

UIPL12-08a1.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2008/UIPL12-08a1.pdf)

                                                             Attachment



    Reported CY 2006 Reemployment Rates against ALPs
 (ALPs are Derived from 2006 Regression Equation Using TUR
   and %-Nonexempt Claimants as Explanatory Variables)
               TUR*     % Non-                    Reported
State                            Reported   ALP
                (%)     exempt                    Less ALP
AK               6.5      57.7     63.7     63       0.7
AL               3.5      54.9     73.4     70       3.4
AR               5.3      87.6     70.9     57      13.9
AZ               4.1      73.6     64.9     62       2.8
CA               4.9      79.3     60.7     62      -1.3
CO               4.2      81.3     61.0     60       1.0
CT               4.3      91.8     63.4     59       4.4
DC               6.0      95.2     57.8     57       0.8
DE               3.5      64.5     70.2     67       3.2
FL               3.3      90.6     58.8     61      -2.2
GA               4.6      65.1     67.1     65       2.1
HI               2.4      55.0     69.2     72      -2.8
IA               3.6      40.5     76.6     72       4.6
ID               3.4      49.1     87.2     72      15.2
IL               4.4      90.4     64.3     59       5.3
IN               4.9      54.0     67.9     67       0.9
KS               4.4      66.3     67.3     65       2.3
KY               5.6      45.4     75.7     67       8.7
LA               3.9      87.5     62.6     62       0.6
MA               5.0      91.1     57.9     57       0.9
MD               3.9      83.1     66.6     62       4.6
ME               4.6      91.9     65.0     59       6.0
MI               6.9      48.6     67.1     65       2.1
MN               4.1      44.9     68.5     70      -1.5
MO               4.9      78.1     71.0     62       9.0
MS               6.7      81.6     63.7     55       8.7
MT               2.9      38.9     77.2     75       2.2
NC               4.8      67.4     61.5     65      -3.5
ND               3.3      27.0     81.7     72       9.7
NE               3.0      63.3     67.1     70      -2.9
NH               3.5      64.0     66.6     67      -0.4
NJ               4.5      81.5     59.0     60      -1.0
NM               4.0      92.4     49.5     59      -9.5
NV               4.3      66.7     66.0     65       1.0
NY               4.4      79.0     61.0     62      -1.0
OH               5.3      84.9     66.4     57       9.4
OK               4.0      86.8     60.1     62      -1.9
OR               5.4      66.0     67.5     62       5.5
PA               4.6      51.3     67.8     67       0.8
PR              10.4      79.8     43.7     46      -2.3


                                  A-1

                                                                      Attachment


RI                 5.0       70.3       60.4      62       -1.6
SC                 6.5       75.2       62.8      58        4.8
SD                 3.2       57.0       75.4      70        5.4
TN                 5.1       56.2       63.7      65       -1.3
TX                 4.7       89.7       63.9      60        3.9
UT                 2.7       68.7       72.3      70        2.3
VA                 3.0       81.4       69.3      65        4.3
VT                 3.7       43.0       68.5      72       -3.5
WA                 5.0       77.2       71.2      62        9.2
WI                 4.8       31.4       80.2      70       10.2
WV                 4.9       59.6       68.9      67        1.9
WY                 3.1       71.1       74.4      65        9.4

* Note: TUR is 12-month average of monthly State rates published by
the Bureau of Labor Statistics.




                                       A-2

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