FAQ Government Shutdown
Q: If I work one or two days while receiving unemployment benefits, how will that affect my payments?
A: Working one or two days will reduce your weekly unemployment benefits based on your gross earnings. You must report all wages online when you certify for benefits. Failing to do so is considered fraud and may result in penalties, including repayment of benefits and fines.
Q: What if my earnings for the week are higher than my unemployment benefits?
A: If your earnings exceed your weekly unemployment benefit amount, you may become ineligible for benefits for that week.
Q: What if my weekly earnings are less than my unemployment benefits?
A: If you earn less than your weekly benefit amount, you may qualify for partial unemployment benefits and receive the difference. Just be sure to accurately report your wages and hours worked each week.
Q: What if I work less than 40 hours and earn less than my unemployment benefit amount?
A: If you’re working part-time and your earnings are below your weekly benefit, you may be eligible to claim partial unemployment benefits.
Q: I’m a subcontractor, not a Federal Employee, and won’t receive back pay for the government shutdown period. Can I still claim unemployment if I’m using my personal leave?
A: Yes. Using personal leave does not disqualify you from unemployment benefits. Since you’re not working, you should apply for benefits.
Eligibility for unemployment benefits arises from the employee’s non-working, non-paid status from the employer during the shutdown. If an employee uses a combination of personal leave and Leave Without Pay (LWOP), they can receive a partial unemployment benefit. This occurs if the personal leave pay is less than the maximum weekly UI benefit, with the state covering the difference. Accurate and timely reporting of all earned wages, including paid leave, is mandatory during the weekly benefit certification process. I strongly recommend that supervisors and/or admins provide leave balances to their respective employees so that they can manage their balances while at home. This will be helpful when an employee is reporting their timecard details weekly.
When an employee in New Mexico applies for unemployment benefits, they should select “Discharge – Lack of Work” as the reason for filing.
Some employees have mistakenly selected “Lockout or Strike,” which is not appropriate. That option will prompt the applicant to provide detailed union information, and more importantly, the current situation does not qualify as a strike or lockout.
While other options such as “Still Employed” or “Other” may still lead to benefit approval, “Lack of Work” is the most accurate and appropriate choice under the current circumstances.
To create a profile and register for unemployment benefits, please visit https://www.dws.state.nm.us/en-us/Unemployment