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###### Department of Labor

###### Employment and Training Administration

# AGENCY:

Employment and Training Administration, Labor.

# ACTION:

Notice.

# SUMMARY:

                        The Employment and Training Administration provided guidance to States explaining the Department's position concerning the application of State-wide personnel actions to the unemployment compensation program. The original guidance, UIPL No. 09-98, was published in the                         **Federal Register**                         on February 10, 1998, as continuing guidance. This guidance had not been rescinded. However, to remind States of the Department's position, on March 11, 2009, the Department issued UIPL No. 18-09, with UIPL No. 09-98 as an attachment. UIPL No. 18-09 is published below to inform the public and is available at:                         *http://wdr.doleta.gov/​directives/​attach/​UIPL/​UIPL18-09.pdf*.                    

# SUPPLEMENTARY INFORMATION:

##                     UIPL 18-09—                    *Application of State-Wide Personnel Actions, including Hiring Freezes, to the Unemployment Insurance Program*

*1. Purpose.*                     To advise states that Unemployment Insurance Program Letter (UIPL) 09-98 expresses the Department's position concerning the application of state-wide personnel actions such as hiring freezes, shutdowns, and furloughs to the unemployment insurance (UI) program.                

*2. References.*                     Section 303(a)(1) of the Social Security Act (SSA) and UIPL 09-98, issued on January 12, 1998 (63 FR 6774, 6779 (February 10, 1998)).                

*3. Background.*                     During economic downturns, State revenues decline while demands for UI services increase. As a result of declines in State revenues, States face budget constraints and some may impose hiring freezes or other personnel actions such as furloughs on a state-wide basis. When applied to the UI program, these actions will likely have a detrimental effect on unemployed workers and businesses and result in decreased performance against Federal standards.                

UIPL 09-98 expresses the Department's interpretation of the Federal UI law requirements as applied to these state-wide personnel actions. In brief, UIPL 09-98 provides that any state-wide personnel action that does not take into account the needs of the UI program is not a “method of administration” for assuring the proper and prompt delivery of UI services consistent with Section 303(a)(1), SSA. If the UI program is not exempted from such state-wide actions, the UIPL requires States to demonstrate to the Department that it has adequately addressed the UI program's needs.

A copy of UIPL 09-98 is attached.

*4. Action.*                     States are to address state-wide personnel actions applied to the UI program consistent with UIPL 09-98.                

*5. Inquiries.*                     Inquiries should be directed to your Regional Office.                

*6. Attachment.*                     UIPL 09-98.                

## Attachment I

### UIPL 09-98

                    UIPL 09-98 was published in the                     **Federal Register**                    , Volume 63, No. 27 on February 10, 1998 and may be found at:                     *http://frwebgate.access.gpo.gov/​cgi-bin/​getdoc.cgi?​IPaddress=​frwais.access.gpo.gov&​dbname=​1998_​register&​docid=​98-3341-filed.pdf*.                

Dated: This 11th day of August, 2009.

Jane Oates,

Assistant Secretary of Labor, Employment and Training Administration. 

[FR Doc. E9-19523 Filed 8-13-09; 8:45 am]

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