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Unemployment extension

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Unemployment insurance
Unemployment insurance
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Unemployment insurance programs in the states
Reform proposals related to unemployment insurance
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An unemployment extension is a term that refers to an additional period of eligibility to receive unemployment insurance benefits beyond the standard term. Unemployment insurance benefits received through an unemployment extension are referred to as extended benefits.

During periods of high unemployment, extended benefits up to 13 weeks, depending on the state, are available to workers who have otherwise exhausted their unemployment insurance benefits. Extended benefits up to 20 weeks may also be available in some states during periods of extremely high unemployment.[1]

Background

During periods of high unemployment, states enter extended benefits periods, which allows certain individuals who meet their state's criteria to claim benefits after exhausting regular benefits. When an extended benefit period is active in a state, the agency responsible for distributing benefits notifies workers who exhaust their regular benefits that they may be eligible for extended benefits. Some states may determine eligibility and continue extended benefits payments automatically. In other states, workers need to apply for extended benefits.[2][3]

In most states, eligibility requirements for extended benefits differ from eligibility requirements for standard unemployment insurance benefits. Individuals who qualify for standard unemployment insurance benefits may or may not qualify for extended benefits, depending on the state.[2]

Unlike regular benefits, which states fund fully, the federal government and states are each responsible for paying 50% of extended benefits. States pay their shares of extended benefits from their State Unemployment Trust Fund accounts. The federal government pays its share of extended benefits from the Extended Unemployment Compensation Account.[4]

Extended benefits expansion during the coronavirus (COVID-19) pandemic

See also: Federal government responses to the coronavirus (COVID-19) pandemic, 2020-2021

The federal government expanded unemployment insurance benefits during the coronavirus (COVID-19) pandemic in order to provide financial support to affected individuals and businesses.

Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

Former President Donald Trump (R) signed Pandemic Emergency Unemployment Compensation (PEUC) into law on March 27, 2020, as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Under the CARES Act, the federal government extended unemployment benefits for 13 weeks (through December 31, 2020) and covered 100% of the cost of extended benefits. Trump signed Consolidated Appropriations Act (CAA), 2021, on December 27, 2020, which extended PEUC benefits an extra 11 weeks for a total of 24 weeks of fully federally funded benefits.[5][6][7][8]

PEUC matched the amount paid to workers receiving regular state unemployment, including the federal government's weekly supplement. The federal government added $600 to regular weekly state benefits between March 27 and July 31, 2020. Trump signed a presidential memorandum August 8, 2020, extending the federal supplement at a $300 weekly rate, which was extended in the CAA.[5][6]

American Rescue Plan

President Joe Biden (D) signed the American Rescue Plan on March 14, 2021, which extended Pandemic Emergency Unemployment Compensation (PEUC) benefits an extra 29 weeks, for a total of 53 weeks of fully federally funded benefits. The law also extended the $300 weekly federal supplement.[5][6]

Funding

Extended benefits are funded through state and federal unemployment taxes. This section describes the taxes that fund the unemployment insurance program.

Federal unemployment taxes

See also: Federal Unemployment Tax

The federal unemployment tax requires employers to pay federal taxes to support the joint federal-state unemployment insurance program.

Federal unemployment tax amounts

While state tax amounts vary, the Federal Unemployment Tax Act (FUTA) tax is 6% of the federal unemployment tax wage base—the first $7,000 of an employee's wages—as of April 2025. Employers can receive an offset of up to 5.4% of their FUTA tax when they pay state unemployment taxes on time. An employer that receives the full 5.4% FUTA credit, therefore, pays 0.6% of the first $7,000 of an employee's wages, or $42, in FUTA tax per qualifying employee.[9][10]

FUTA tax credits are reduced for employers in states that have outstanding federal unemployment loans from the Unemployment Trust Fund’s Federal Unemployment Account on January 1 for at least two consecutive years. If states do not pay federal unemployment loans back by November 10 of the second consecutive year, FUTA tax credits are reduced by 0.3%. The reduction would limit the maximum FUTA tax credit to 5.1%, and employers would pay at least $63 in FUTA taxes per employee making $7,000 or more.[11]

Federal unemployment tax exempt wages

The following types of wages are exempt from FUTA taxes:[12][13]

  • Wages paid by a 501(c)(3) nonprofit organization.
  • Wages paid for services performed outside the United States.[14]
  • Wages paid to a beneficiary or estate after the calendar year of a worker's death.
  • Wages paid by a parent to a child under age 21.
  • Wages paid by a child to a parent.
  • Wages paid from spouse to spouse.
  • Wages paid by foreign governments and international organizations.
  • Wages paid by a state or local government (or another political subdivision).
  • Wages paid by the United States federal government.
  • Wages paid to newspaper carriers under age 18.
  • Wages paid to a full-time student working fewer than 13 weeks during a calendar year for seasonal camps.
  • Wages paid to statutory nonemployees (such as qualified real estate agents and direct sellers).
  • Wages paid by a school to a student of the school.
  • Wages paid by a hospital to interns.

Penalties for nonpayment of federal unemployment taxes

Failure to pay federal employment taxes can result in the assessment of fees, fines, and prison time. Late fees can range from 0.5% to 25% of the amount owed. Willful evasion of federal employment taxes is a felony punishable by five years in prison and fines of up to $250,000 for individuals, $500,000 for corporations, or both. Willful failure to file a tax return or provide information required by the Internal Revenue Service (IRS) is a misdemeanor punishable by up to one year in prison and fines up to $25,000 for individuals or $100,000 for corporations.[15][16][17][18]

See also

External links

Footnotes

  1. United States Department of Labor, "Unemployment Insurance Extended Benefits," accessed May 19, 2021
  2. 2.0 2.1 The Balance Careers, "Extended Unemployment Benefits," accessed July 19, 2021
  3. U.S. Department of Labor, "Unemployment Insurance Extended Benefits," accessed July 19, 2021
  4. Washington State Legislature, "Washington State's Experience Rating System," accessed July 6, 2021
  5. 5.0 5.1 5.2 The Balance, "Unemployment Benefits Extensions," accessed July 19, 2021
  6. 6.0 6.1 6.2 Investopedia, "Pandemic Emergency Unemployment Compensation (PEUC) and How to Apply," accessed July 19, 2021
  7. FEMA, "FEMA Supplemental Lost Wages Payments under Other Needs Assistance," accessed July 19, 2021
  8. U.S. Department of Labor, "U.S. DEPARTMENT OF LABOR ANNOUNCES NEW CARES ACT GUIDANCE ON UNEMPLOYMENT INSURANCE FOR STATES IN RESPONSE TO COVID-19 CRISIS," accessed July 19, 2021
  9. Brookings, "How does unemployment insurance work? And how is it changing during the coronavirus pandemic?" July 20, 2020
  10. Employment Law Firms, "How Unemployment Works," accessed May 18, 2021
  11. Internal Revenue Service, "FUTA Credit Reduction," accessed August 4, 2022
  12. Internal Revenue Services, "Publication 15, (Circular E), Employer's Tax Guide For Use in 2021," accessed July 6, 2021
  13. Internal Revenue Services, "Publication 15-A, Employer's Supplemental Tax Guide For Use in 2021," accessed July 6, 2021
  14. Unless on or in connection with an American vessel or aircraft and either performed under contract made in U.S., or alien is employed on such vessel or aircraft when it touches U.S. port.
  15. IRS, "Interest and penalties for filing and paying taxes late," accessed February 22, 2023
  16. Esfandi Law Group, "FEDERAL TAX EVASION," accessed August 4, 2022
  17. IRS, IRS Rate Increase accessed August 4, 2022
  18. Tax Attorney, payroll accessed August 4, 2022

State unemployment taxes by state

See also: State unemployment tax

In addition to federal unemployment insurance taxes, employers must also pay state unemployment taxes (SUTA) to support the joint federal-state unemployment insurance program. Each state sets its own tax rate range, wage base (the amount of employee pay an employer needs to pay taxes on for each employee), and experience rating system.

Experience-rated unemployment insurance program systems allow states to tax employers according to the amount of unemployment insurance benefits drawn by their former employees. Employers with low experience ratings pay less in unemployment taxes than employers with high experience ratings. New employers begin paying into the unemployment insurance system at the new employer rate.

State unemployment tax amounts

SUTA tax amounts vary by state. The following list provides a summary of the SUTA tax amounts across states as of January 2025:[1][2][3]

  • The new employer rate ranged from 0.35% in South Carolina to 6.09% in some cases in North Dakota.
  • Regular rates ranged from 0% for employers with the lowest experience rating in 10 states (Iowa, Missouri, Mississippi, Montana, Kansas, Nebraska, New York, South Dakota, Wisconsin, and Wyoming) up to 12.65% in Massachusetts for employers with the highest experience ratings.
  • Arkansas, California, Florida, and Tennessee had the lowest wage bases at $7,000, and Washington had the highest wage base at $72,800.

The table below outlines regular SUTA tax rate ranges for experienced employers and wage bases and new employer SUTA tax rates for all 50 states as of January 2025.

State unemployment tax rates
State SUTA new employer tax rate Employer tax rate range[4] SUTA wage bases
Alabama 2.7% 0.20% – 6.80% $8,000
Alaska 1.0% 1.00% – 5.40% $51,700
Arizona 2.0% 0.04% – 9.72% $8,000
Arkansas 2.0% 0.1% – 5.0% $7,000
California 3.4% 1.5% – 6.2% $7,000
Colorado 3.05% 0.64% – 12.34% $27,200
Connecticut 2.2% 0.1% – 10.0% $26,100
Delaware 1.0% 0.3% – 5.4% $12,500
D.C. 2.7% or prior year average 1.00% – 7.40% $9,000
Florida 2.7% 0.1% – 5.4% $7,000
Georgia 2.7% 0.06% – 8.1% $9,500
Hawaii 2.4% 2.4% – 5.6% $62,000
Idaho 1.0% 0.23% – 5.4% $55,300
Illinois 3.65% 0.75% – 7.85% $13,916
Indiana 2.5% 0.5% – 11.2% $9,500
Iowa 1.0% 0.0% – 7.0% $39,500
Kansas 1.75% 0.0% – 6.65% $14,000
Kentucky 2.7% 0.3% – 9.0% $11,700
Louisiana Varies 0.09% – 6.2% $7,700
Maine 2.41% 0.3% – 6.27% $12,000
Maryland 2.6% 0.3% – 7.5% $8,500
Massachusetts 2.13% 0.83% – 12.65% $15,000
Michigan 2.7% 0.06% – 10.3% $9,000
Minnesota Varies 0.4% – 8.9% $43,000
Mississippi 1.0% 0.0% – 5.4% $14,000
Missouri 1.0% (nonprofits) 2.376% (others) 0.0% – 6.0% $9,500
Montana Varies 0.00% – 6.12% $45,100
Nebraska 1.25% 0.0% – 5.4% $9,000 ($24,000 for max rate)
Nevada 2.95% 0.25% – 5.4% $41,800
New Hampshire 2.7% 1.00% – 7.00% $14,000
New Jersey 3.1% 0.6% – 6.4% $43,300
New Mexico 1.0% 0.33% – 5.4% $33,200
New York 4.1% 0.0% – 8.9% $12,800
North Carolina 1.0% 0.06% – 5.76% $32,600
North Dakota 1.03% (positive) 6.09% (negative) 0.08% – 9.69% $45,100
Ohio 2.7% 0.5% – 10.2% $9,000
Oklahoma 1.5% 0.3% – 9.2% $28,200
Oregon 2.4% 0.9% – 5.4% $54,300
Pennsylvania 3.822% 1.42% – 10.37% $10,000
Rhode Island 1.21% 1.1% – 9.7% $29,800 ($31,300 for negative balance)
South Carolina 0.35% or 1% 0.06% – 5.46% $14,000
South Dakota 1.2% 0.0% – 8.8% $15,000
Tennessee Varies 0.01% – 10.0% $7,000
Texas 2.7% 0.25% – 6.25% $9,000
Utah Varies 0.2% – 7.2% $48,900
Vermont 1.0% 0.4% – 5.4% $14,800
Virginia 2.5% 0.1% – 6.2% $8,000
Washington Varies 0.27% – 8.15% $72,800
West Virginia 2.7% 1.5% – 8.5% $9,500
Wisconsin 3.05% (<$500k payroll) 3.25% (>$500k payroll) 0.0% – 12.0% $14,000
Wyoming Varies 0.0% – 8.5% $32,400

Penalties for nonpayment of state unemployment taxes

See also: Unemployment insurance fraud

Under state unemployment insurance laws, businesses that falsely classify employees as independent contractors, neglect to report wages, or set up fictitious employer accounts to avoid unemployment tax liabilities have committed unemployment insurance fraud. State workforce agencies are tasked with administering unemployment insurance programs. State agencies work with local, state, and federal law enforcement agencies to identify and prosecute fraudulent unemployment insurance claims.

State laws governing unemployment insurance may classify unemployment insurance fraud as either a misdemeanor or felony offense, depending on the extent of the fraud. Federal guidelines require states to assess a minimum penalty of 15% of the amount of the fraudulent claim, according to the U.S. Department of Labor. States generally prohibit individuals found guilty of committing unemployment insurance fraud from receiving future benefits for a minimum of six weeks for every week of fraudulent claims.[5][6]

Criminal prosecution under unemployment insurance laws may result in the following penalties, depending on the state:[5][6]

  • Fines up to or exceeding $10,000, depending on the state.
  • Incarceration.
  • Probation in addition to, or in lieu of, incarceration.
  • Repayment of fraudulent benefits.
  • Forfeiture of future income tax refunds.
  • Permanent loss of eligibility for unemployment insurance benefits.

Standard term of benefits

Extended benefits are available to workers who have exhausted their standard unemployment insurance benefits during periods of high unemployment.

The standard term of unemployment benefits is 26 weeks, but specific terms vary by state. For example, Arkansas law provided for up to 16 weeks of benefits as of 2025. Montana, on the other hand, paid up to 28 weeks of benefits.[7]

The following table identifies the maximum length and the range of unemployment insurance benefits by state as of 2025, according to the Center on Budget and Policy Priorities:[8]

Length of unemployment benefits by state, 2025
State Maximum length of unemployment insurance benefits (weeks) Minimum weekly benefits Maximum weekly benefits
Alabama 14 $45 $275
Alaska 26 $56 - $128 $370 - $442
Arizona 26 $216 $320
Arkansas 16 $81 $451
California 26 $40 $450
Colorado 26 $25 $675 (low formula)
Connecticut 26 $15 - $30 $703 - $778
Delaware 26 $20 $400
Florida 12 $32 $275
Georgia 14 $55 $365
Hawaii 26 $5 $763
Idaho 21 $72 $532
Illinois 26 $51 - $77 $578 - $787
Indiana 26 $37 $390
Iowa 16 $82 - $99 $551 - $676
Kansas 16 $140 $560
Kentucky 12 $39 $626
Louisiana 26 $35 $275 to $284
Maine 26 $94 - $164 $538 - $941
Maryland 26 $50 - $90 $430
Massachusetts 30 $55 - $87 $1,015 - $1,522
Michigan 20 $160 - $190 $362
Minnesota 26 $33 $552 (based on HQW)
Mississippi 26 $30 $235
Missouri 20 $35 $320
Montana 28 $194 $657
Nebraska 26 $70 $514
Nevada 26 $16 $562
New Hampshire 26 $32 $427
New Jersey 26 $156 - $179 $830
New Mexico 26 $101 - $151 $542 - $592
New York 26 $124 $504
North Carolina 12 $15 $350
North Dakota 26 $43 $673
Ohio 26 $157 $561 - $757
Oklahoma 16 $16 $493
Oregon 26 $183 $783
Pennsylvania 26 $68 - $76 $605 - $613
Rhode Island 26 $66 - $116 $680 - $850
South Carolina 20 $42 $326
South Dakota 26 $28 $487
Tennessee 26 $30 $275
Texas 26 $72 $563
Utah 26 $41 $712
Vermont 26 $80 $668
Virginia 26 $60 $378
Washington 26 $317 $999
Washington, D.C. 26 $50 $444
West Virginia 26 $24 $630
Wisconsin 26 $54 $370
Wyoming 26 $40 $560

See also

External links

Footnotes