UCFE student-worker eligibility and agency notices
Apply this to your situation
This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.
CLASSIFICATION
UIS/TRA
U.S. DEPARTMENT OF LABOR
CORRESPONDENCE SYMBOL
Employment and Training Administration
TEUMI
Washington, D. C. 20210
ISSUE DATE
July 11, 1986
RESCISSIONS
EXPIRATION DATE
None
July 31, 1987
DIRECTIVE: UNEMPLOYMENT INSURANCE PROGRAM LETTER 49-86
TO: ALL STATE EMPLOYMENT SECURITY AGENCIES
FROM: DONALD J. KULICK, Administrator for Regional Management
SUBJECT: UCFE – General Accounting Office, Preliminary Highlights of Audit
1.Purpose. Preliminary results of a GAO audit indicate the necessity for SESAs to ensure that only qualified "stay-in-school" students are paid UCFE benefits to emphasize the use of correct mailing addresses for UCFE notices of determination and appeals to Federal agencies, and to ensure that proper follow-up procedures are used to obtain UCFE wage and separation information from Federal agencies.
-
References. 5 CFR 213.310l(f) definition of student employee; 213.3102(w) criteria for enrollment;
UCFE Handbook No . 3'31, II-6, IV-12, XIII-1, XIV-2. -
Background. A draft report of the subject GAO audit covering the UCFE program is soon to be
released. The three major problem areas identified included:a. STAY IN SCHOOL STUDENTS. The audit indicates that some SESAs pa1d UCFE benefits to
stay-in-school students even though the student did not complete his/her prescribed courses and
therefore was terminated from Federal service. One of the prerequisites for participating in the
stay-in-school program is that the person must be a "bona fide" student, substantially attending
school on a full time basis .If t he student drops out of school, he/she can no longer be considered enrolled in the program and employment is terminated by the Federal agency. Most students who drop out of the program and are terminated by the Federal agency would not be entitled to UCFE benefits. However, some States' laws may permit UCFE benefits to be paid , following such termination of Federal service if the student had a "compelling " reason f or dropping out of school.b. INCORRECT NOTICES OF DETERMINATION AND APPEALS MAILING ADDRESS. The
audit also indicates that some SESAs are using an incorrect address for mailing notices of
determination and appeals to Federal agencies. -
Action Indicated.
a . SESAs should ensure that payment of UCFE benefits to stay-in -school students are fully
in accordance with State law. If questions arise, SESAs should contact the appropriate Federal
agency concerning the circumstances pertaining to the separation of the student.b. SESAs should ensure t ha t opera ting procedures are in place to mail not ices of determination and appeals to Federal agencies to the address shown on the SF-8 brought in by the clamant . In the absence of an SF-8, the current Federal agency address on file should be used to mail the notices. c. In addition to sending Federal agencies a second follow-up Form ES-931, Request for Wage and Separation Information, after 10 days have elapsed, it is also the SESAs' responsibility to follow-up with Federal agencies for missing information. The follow-up p:ocedure can be the same procedure used by SESAs for obtaining information from covered employers. -
Inquiries: Inquiries should be made to the appropriate regional offices.
What does federal law require in your situation?
Ezel checks current federal labor law against your facts and answers with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace