U.S. Sens. John Thune (R-S.D.), a member of the Senate Finance Committee, Mike Crapo (R-Idaho), ranking member of the Senate Finance Committee, and Tim Scott (R-S.C.), John Barrasso, (R-Wyo.), and Steve Daines (R-Mont.), also members of the Senate Finance Committee, today sent a letter to the Department of Labor (DOL) to raise concerns about recent guidance the department issued to expand eligibility for the Pandemic Unemployment Assistance (PUA) program beyond the intent of Congress.
“The guidance expands eligibility for the Pandemic Unemployment Assistance (PUA) program to allow individuals to be eligible for the PUA program using three new circumstances, including cases where individuals refuse a suitable offer to work or return to work because of certain health concerns,” the senators wrote. “Specifically, the guidance allows individuals to self-certify for PUA eligibility if they believe the workplace is “not in compliance with local, state, or national health and safety standards directly related to COVID-19.”[1] Furthermore, the guidance directs state workforce agencies to extend this expanded eligibility retroactively to the establishment of the PUA program.[2]
“Congress created the PUA program to ensure those not traditionally eligible for unemployment assistance (i.e. independent contractors, sole proprietors, and the self-employed) could obtain benefits. However, this program was never intended to provide benefits to those who traditionally qualify for unemployment benefits, as programs for those individuals already exist. We believe this guidance is misguided and not within DOL’s authority under the CARES Act. Therefore, a delay in implementation of this guidance is required.”
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