How many hours can you work and still get unemployment in texas

Hello, all you fellow hunker-downers. I hope you’re home and safe.

My name is Melissa and I’m an attorney in Houston, Texas. I am a member of the Houston Lawyer Referral Service, and I have been for the last 20 years. I’ve practiced law for 20 years.

I wanted to address a couple of questions that we are seeing in our office and ways that you can handle them without having to take legal action. One of the most prevalent questions we are receiving is whether or not you can receive unemployment if you are still employed, but working a reduced number of hours as a result of the COVID pandemic.

And the answer is “yes.” If your employer has not laid you off, but you are still working, but at a reduced the number of hours resulting in a loss of pay, you can apply for partial unemployment benefits through the Texas workforce commission. You can do that either online through their website, or you can call the 800 number and apply for benefits.

Another question we are receiving often is I’m self-employed and as a result of the pandemic, not receiving any income because I can’t work, can I apply for unemployment benefits?

And the answer is “yes.” As a result of the COVID pandemic in connection with federal guidelines, the Texas workforce commission is extending unemployment benefits to self-employed individuals. You may have to provide verifying documents to show that you were self-employed and then you should receive unemployment benefits. Again, you can apply through their website texasworkforce.org, or you can call the 1800 number.

The last question that we were receiving is, am I eligible for unemployment benefits if I cannot return to work as a result of the COVID?

And the answer is “yes.” Governor Abbott has announced new Texas workforce commission guidance for unemployment claimants, for individuals that refuse to return to work as a result of the COVID. And some other reasons for a brief fusil that in which you can receive unemployment benefits is if you are 65 years or older or considered at high risk from getting COVID. Another is if a household member is at high risk for receiving or for catching COVID. If you are dying, you or a loved one is diagnosed with the COVID, you can refuse to return to work and successfully apply for unemployment benefits. If you or a family member are quarantined for 14 days, you can also refuse to return to work and receive unemployment benefits.

Additionally, if you have childcare issues, your child’s school is closed, or the daycare is closed and have no alternative for childcare, you can refuse to return to work and successfully apply for Texas workforce benefits.

Other situations can be reviewed on a case by case basis. Again, to apply, you need to go to the Texas workforce commission website or contact them via telephone.

Thank you.

On this page:

  • Overview
  • Weekly and Maximum Benefit Amounts
  • Duration
  • Extended Benefits Qualifications
  • Work Search Requirements for Extended Benefits Claimants
  • See Also

Overview

The Extended Benefits Program (EB) is only available during periods of high state or national unemployment. TWC can only pay claimants EB when the average total unemployment rate in Texas (seasonally adjusted) exceeds 6.5 percent or more. The U.S. Secretary of Labor determines this rate using the most recent three-month period that has published data available for all U.S. states. The EB regulations can be found in Section 209.022 of the Texas Unemployment Compensation Act (TUCA), including the regulations that determine when Texas “triggers” on or off EB.

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Weekly and Maximum Benefit Amounts

Your weekly benefit amount (WBA) for a state EB claim is the same WBA you received on your regular Unemployment Insurance (UI) claim: 

  • The maximum benefit amount (MBA) for state EB is 50 percent of  the regular UI claim’s MBA or up to 13 weeks.

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Duration

EB benefits will end when: 

  • The state triggers off high unemployment.

 OR

  • You exhaust your EB benefits.

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Extended Benefits Qualifications

To qualify for EB, you must:

  • have exhausted your regular claim for UI benefits in Texas
  • not qualify for regular UI benefits in Texas or any other state
  • have total base period wages of your original regular UI claim that are:
    • at least 40 times your weekly benefit amount or 
    • equal to or greater than 1.5 times the highest quarter’s earnings
  • have no disqualifications that would prevent you from being eligible for EB
  • have at least one week in your benefit year that begins in an EB eligibility period.

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Work Search Requirements for Extended Benefits Claimants

While receiving Extended Benefits (EB), you must make a systematic and sustained search for work. The EB program has different work search requirements than regular unemployment insurance. Please read the information we send you carefully and follow all instructions. If you do not meet all the EB work search requirements, you may be disqualified from receiving benefits.

You must meet all of the following work search requirements for each week you request benefits:

If you refuse a suitable job offer or fail to complete and provide documentation of appropriate work search activities, you may be disqualified from EB and lose your benefits until you have:

  1. Returned to work for at least four weeks working 32 hours or more per week,
  2. Earned four times your weekly benefit amount, AND
  3. Separated from this work through no fault of your own.

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