To learn more about what makes an individual eligible or ineligible for UI benefits, please review the Benefits Eligibility page.

Offers of Work

Individuals who have turned down offers of suitable work are not eligible for UI benefits during that week. If you have offered an individual a job and they refused, it is important for you to report the incident to DEW by submitting an Offer of Work Form (UCB-261) to the address below. This ensures that only eligible individuals receive UI benefits and helps minimize tax rates for all businesses.

South Carolina Department of Employment and Workforce
Benefits Section
P.O. Box 995
Columbia, SC 29202

 

When a former employee files for UI benefits, you have the opportunity to supply information to DEW regarding the reason the individual is now unemployed.

You must respond to the department within 10 calendar days of receiving the notification in order to prevent a former employee from wrongfully receiving UI benefits.

If the department does not receive a response, DEW assumes the individual in unemployed through no fault of their own. An employer that fails to respond to a separation request may experience increased benefit charges and higher unemployment insurance taxes.

There are three ways you can respond to a separation request: the South Carolina Business One Stop (SCBOS), the State Information Data Exchange System (SIDES) or by mail.

Note: If a complete response requires supporting documentation such as copies of warnings, violated company policy, or a letter of resignation attach the supporting documents. If you are filing online and are unable to attach files via email, simply mail or fax your attachments to the address or number listed on the form.

Responding through SCBOS
If you are registered online with the South Carolina Business One Stop (SCBOS), you will receive the Requests for Separation Information Form (NET-101) by email. Simply click reply, fill out the form and press send.

Responding through SIDES
If you do not have an account with SCBOS or you usually submit information by mail, you can use a free secure electronic system called the State Information Data Exchange System (SIDES) E-Response. This application allows you to respond to information requests, attach documentation and receive a date-stamped confirmation receipt.

Because SIDES E-Response is a nationally-standardized format, you can communicate with multiple states in which you do business all with the click of a few buttons.

To sign up for SIDES E-Response in South Carolina, please register to setup your account.

Once your account has been activated, you can access SIDES E-Response here. Choose separation information, enter your Federal Employer Identification Number (FEIN), State Employer Identification Number (SEIN), and Personal Identification Number (PIN).

If you have questions, you can access the user guide here or contact UI-email-ER-Registration-DL@dew.sc.gov.

Responding by mail
If you are not registered with SCBOS or SIDES, you will receive a Request for Separation Information Form by mail. Submit the completed form, within 10 calendar days, to the address of the local SC Works center printed on the form.

 

Under South Carolina law, claimants can be held ineligible for failing to maintain weekly contact with temporary agencies. Temporary agencies can notify DEW electronically of a claimant’s failure to maintain weekly contact through the Notice of Failure to Report Weekly portal.

 

If your business experiences regularly occurring vacation periods, you may be able to avoid paying for UI benefits during that time. 

An individual is ineligible for benefits in the following situations:

1. No individual may be considered unemployed in any week that DEW finds that his unemployment is due to a vacation week.
2. No individual is eligible to receive benefits or waiting week credit for any week during which he is unemployed due to a vacation shutdown when:
   • A written contract between employer and employees specifically provides a vacation period without pay, not to exceed two weeks per calendar year.
   • The individual was notified at the time of employment of the employer’s vacation policy providing for a vacation layoff without pay, not to exceed two weeks per calendar year.
   • The individual was employed at the beginning and the end of the vacation period.

To have a vacation policy approved, submit a letter to the address below.

South Carolina Department of Employment and Workforce
Benefit Department Director
P. O. Box 1477
Columbia, SC 29202

Your letter must outline your policy in regard to the vacation dates and how you notify employees. Submit any modifications to a previously approved vacation policy at least 30 days prior to the scheduled vacation period.

 

At the end of each quarter, every business receives a copy of all UI benefits charged against their account for that quarter. Please review all benefit charges carefully. Benefit charges will affect your unemployment tax rate at a later date. If you disagree with any of your benefit charges or find any errors, you must protest the charges within 30 days of the date of notice.

You may submit your protest online using the Employer Charge Protest portal. If additional information is needed, DEW will contact you.

You will see any adjustments to your account in the next quarterly charge statement.

 

When a claimant files for unemployment benefits, the department investigates the claim by contacting both the claimant and the claimant’s former employer. The department then issues a written determination detailing its initial ruling on the claimant’s eligibility for benefits and any points of law considered.

You have the right to file an appeal if you disagree with the initial determination. Each determination letter contains detailed appeal rights and information; make sure to read this information thoroughly along with the information listed on the Appeals Information for Claimants and Employers page.

 

For short-term, temporary layoffs file a Low Earnings and Partial Claim Report (UCB-114) through SCBOS.

Use this form if you have less than full-time work available to employees during a claim week and the employee continues to have a job attachment relationship with you. When filing a partial claim, it is important to report all earnings, including vacation pay and holiday pay, applicable to the week claimed.

You can file using this method for only six weeks per benefit year. After six weeks, the worker must report to the SC Works center if still unemployed.

Do not file for UI benefits for workers who are not able and available for work. These individuals must report to the nearest SC Works center so DEW can determine eligibility.

 

Mass separations occur when 25 or more workers are laid off on or about the same time. To file for UI benefits for these workers, use the Mass Separation/Total Unemployment Form (UCB-113). Use this form when you have no work to offer individuals and no job attachment exists between you and the worker.

Before filing a mass separation claim, contact your local SC Works center for approval.

Notify your employees that a claim has been filed on their behalf. To avoid duplicate effort individuals should not report to the local office until told to do so. Once the local SC Works center receives the mass separation claim, it will schedule individual claimant visits.

Do not use this form for a regular vacation period or any short-term layoff.

 

The New Hire Reporting Program is a database administered by the SC Department of Social Services (DSS) and used by DEW to identify individuals who are working and collecting UI benefits.

Reporting new hires helps keep UI tax costs down by ensuring that only individuals who are eligible receive UI benefits.

Report all newly hired and rehired employees on the SC New Hire website.

The penalty* for an employer failing to report newly hired or rehired employees is:

• $25 for the second offense and $25 for each offense thereafter; or
• $500 for each and every offense, if the failure to report is the result of a conspiracy between the employer and the employee not to supply the required information or to supply false or incomplete information.

*Penalties are enforced by DSS

 

South Carolina law requires all employers to verify new employees’ legal status and prohibits employment of any worker who is illegally in this country and not authorized to work.

Verification Requirements

All employers must complete and maintain the Federal Employment Eligibility Verification Form (Form I-9).

Additionally, within five days after employing a new worker, all South Carolina employers must:

1. Verify the employee’s work authorization through the E-Verify federal work authorization program administered by the U.S. Department of Homeland Security; or
2. Verify that the employee
   1. Possesses a valid South Carolina driver’s license or identification card issued by the South Carolina Department of Motor Vehicles
   2. Is eligible to obtain a South Carolina driver’s license or ID card or
   3. Possesses a valid driver’s license or ID card from another state whose qualification requirements are as strict as SC's.

For more information visit the SC Department of Labor, Licensing and Regulation. To complete the required documentation, visit the E-Verify website.