In many cases, military spouses who give up their jobs due to Permanent Change of Station (PCS) orders may be eligible for unemployment benefits. At this time, 47 states offer unemployment benefits to military spouses who must leave their job due to a military move. The states that don’t offer this benefit are Idaho, Louisiana, and North Dakota. (Shout out to Ohio, the last state to start offering such benefits.)
Unemployment benefits for military spouses are primarily governed by state laws, although there are overarching federal guidelines provided by the Department of Labor. The federal guidelines encourage states to provide unemployment compensation to military spouses who leave their jobs due to a PCS move. However, the implementation of these guidelines can vary significantly from state to state.
Not only does each state has their own rules about unemployment in general, but they also have their own rules about PCS moves and eligibility for unemployment benefits. I’ll answer some common questions here, but these are broad generalizations. You need to check with your specific state to get specific answers.
Eligibility Requirements
Not to say the same thing over and over and over, but every state may be different. However, military spouses generally need to meet some variation of the following criteria:
Job Separation Due to PCS:
The job loss must be directly related to the PCS orders. The military spouse must demonstrate that they left their job because of the need to relocate with their service member. This means that there may be a limit on how early you can quit your job. Some states may require you to attempt to transfer jobs with your current company.
Work History:
Most states require that the applicant has a certain amount of work history or earnings, usually within a certain timeframe.
Availability for Work:
The military spouse must be available for and actively seeking new employment. This includes registering with the state’s employment services and regularly applying for jobs. You may need to be physically in your new location – i.e. not visiting family or otherwise enjoying your break.
States may have other eligibility requirements, too.
What Do I Need To Do?
Applying for unemployment benefits typically involves several steps. (Guess what I’m going to say here. Yup, varies by state.)
File A Claim:
To make a claim for unemployment benefits, go to the Department of Labor or unemployment website for the state from which you are moving/have moved. Most states permit you to do everything online.
If you’ve already moved and can’t do the claim online, you may be able to go to a local unemployment office in your new location and file an interstate claim. This can be a little trickier but still possibly doable.
Provide Documentation:
Documentation of the PCS orders and any other relevant information, such as a letter from the former employer, is required. This helps establish the reason for job separation. Some states require that the paperwork from the former employer specifically states that the termination was due to PCS orders.
Register for Employment Services:
Many states require that applicants register with state employment services to assist with the job search process.
Weekly Certification:
Once the claim is approved, the military spouse must certify their unemployment status weekly or bi-weekly, depending on the state’s requirements. This typically involves reporting any earnings and job search activities. You will probably need to be applying for work, perhaps three jobs per week.
How Much Is The Unemployment Benefit?
Each state has its own formula and maximum benefit amount. Benefits are usually a percentage of the applicant’s previous earnings, subject to a maximum limit. Maximum weekly benefits range from $235 in Mississippi to $823 in Massachusetts (2020 figures.) Puerto Rico is less and, frankly, I’m a little confused by their rates.
There is also a maximum number of weeks you can receive unemployment benefits, ranging from 12 weeks to 30 weeks. Some states may offer extended benefits during periods of high unemployment.
Some states will permit you to work part-time and offset your unemployment benefits with your income.
Taxes on Unemployment Benefits
Don’t forget that unemployment benefits are almost always considered taxable income, and they don’t necessarily withhold taxes on benefits. Check and see whether your state withholds, or set aside some money to take care of your tax liability when you prepare your income tax return.
Unemployment benefits can be a big help if you are forced to leave your job due to a military move. Be sure to investigate all the details of your state’s program to ensure that you follow their specific rules. Not sure if you qualify? It doesn’t take much effort to apply and find out. The worst thing that can happen is that you’ll be denied – and then you’re exactly where you are now.
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