September 2022

State Updates

 

South Carolina clarifies employer unemployment requirements

8/4/22

Author: ADP Admin/Wednesday, August 3, 2022/Categories: Compliance Corner , State Compliance Update, South Carolina

This notice is to inform you about how South Carolina has enacted a final rule that clarifies what information an employer must provide to the South Carolina Department of Employment and Workforce (the Department) for an employee separation. The final rule is effective immediately.

The details:

South Carolina has amended its unemployment claims process to:

  • Have initial or additional benefit claims filed by workers mailed and electronically transmitted to a worker’s last employer.
  • Require covered employers to complete and return the required information on magnetic tapes, diskettes, or electronically, in a format approved by the Department instead of using mail.

Note: The Department may waive the requirement to use magnetic media if an employer shows that the requirement would impose a hardship.

Under the law, another liable employer may be sent, and required to complete and return, a Request to Employer for Separation Information form in accordance with the law.

Mass separations:

The final rule defines a “mass separation” as a permanent, or indefinite separation period, of ten or more workers employed in a single establishment at or about the same time and for the same reason.

Note: Mass separations do not include separations for regular vacation periods.

For mass separations, employers must file Form UCB-113 (Notice of Mass Separations) with the office nearest to the worker’s place of employment or residence no later than ten calendar days, for each individual affected, after their separation (excluding of Sundays and holidays).

Next steps:

South Carolina employers should ensure timely and complete responses to requests for information concerning unemployment benefits to the Department to ensure compliance with the final rule.

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