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Workforce Management

Separation Notice Requirements by State

One Minute Takeaway

  • 14 states have laws requiring specific separation notice requirements.
  • The goal is to ensure departing employees can access unemployment provisions.
  • We break down separation notice rules for wherever you are.

If you’re an employer, you know that letting employees go is one of the toughest parts of the job. Choosing the right words is never easy, no matter the reason for their departure. A pro tip: use our termination checklist to make sure you say and do everything required. It’s not all optional: in 14 states, there are specific separation notice forms to complete when an employee departs.

These forms are all about making it easy for employees to access unemployment benefits. They lay out the steps an employee needs to take, and require that employers provide all the necessary details. Wherever you are, it’s still good practice to also send a more personalized letter. To help, Paycor is offering a free, customizable termination letter template.

To help your team keep track of the latest separation notice requirements, Paycor has created a breakdown by state.

StateSeparation Notice RequirementsSeparation Notice Template Form
ArizonaAll employees who become unemployed must be given a printed statement detailing how they can file for unemployment benefits.

The easiest way to do this is to print and distribute Form UIB-1241A.
Form UIB-1241A — Take
Care of Unemployment
Business by Telephone
or Internet
CaliforniaAll employees who are discharged, laid off, take a leave of absence or have a similar change in their employment status must be given immediate written notice, along with Form DE 2320.

This isn’t required in the case of voluntary termination or if work is stopped due to a labor dispute.
Form DE 2320 — For Your Benefit, California’s Program for the Unemployed

Form DHCS 9061 — Notice to Terminating Employees, HIPP Program
ConnecticutRegardless of the reason for separation, all departing employees must be provided with Form UC-61—‘Unemployment Separation Packet/Notice’. If distributing this in person is impossible, it can be mailed to the last known address.

Employees must also provide employees with a copy of their termination notice and inform employees that they can submit a written statement disagreeing with its content. This must be kept on file.
Form UC-61 —Unemployment Separation Packet/Notice
GeorgiaRegardless of the reason for separation, employers must complete form DOL-800.

This must be delivered to the employee, signed and dated, on an employee’s last day of work or, if this isn’t possible, mailed to their last known address within three days.
Form DOL-800 — Separation Notice
IllinoisEmployers must provide Form CLI111L to all employees separated from employment for seven or more days.

The form must be delivered on an employee’s last day or sent to their last known address within 5 days.
Form CLI111L —What Every Worker Should Know About Unemployment Insurance
LouisianaRegardless of the reason for separation, employers must file (online only) a separation notice, within three days of the date of separation.

This includes an explanation of the cause of separation and details of payments made to the employee.
Form 77 — Separation Notice
MassachusettsAll employees separated from work, whether temporary or permanent, must be provided with Form 590-A. This must be delivered in-person or sent to the employee’s last known address as soon as possible and within 30 days of separation.Form 590-A — How to File a Claim for Unemployment Insurance Benefits
MichiganForm UIA 1711 must be provided at the time of separation unless employers are filing claims on behalf of the employee.

This is not necessary if a copy of the form has been previously delivered to the employee or if a written statement, detailing the equivalent information, is provided.
Form UIA 1711 — Unemployment Compensation Notice to Employee
NevadaNotice NUCS 4139 must be provided to all departing employees.Notice NUCS 4139 — Information for the Unemployed Worker
New JerseyRegardless of the reason for separation, all employees who will be separated from employment for at least 7 days must be provided with Form BC-10. This must be provided at the time of separation.Form BC-10 — Instructions for Claiming Unemployment Benefits
New YorkAll employers subject to the state’s unemployment law must inform employees of their tight to apply for unemployment benefits.

Regardless of the reason for separation, Form IA 12.3 must be completed for all employees who will be separated from employment for an expected period of more than 3 days.
Form IA 12.3 — Record of Employment
PennsylvaniaAll employers must notify separating employees of the availability of Unemployment Compensation. Form UC-1609 details the various pieces of information that must be provided.Form UC-1609, Employer Information
South CarolinaAll employers must provide separating employees with a ‘Notice of the Availability of Unemployment Insurance Benefits’. This can be provided in person, by mail, by text message or email.Notice of the Availability of Unemployment Insurance Benefits
TennesseeWithin one day of separation, employers must provide departing employees with Form LB-0489, unless the employee has been employed less than a week, or will be recalled within a week.
Employers must complete Form LB-0489, unless they have separately arranged to submit the date and cause of separation electronically, with a Mail-in Claim or a Mass Separation Notice.
Form LB-0489 — Separation Notice

This article is intended for informational purposes only, and does not constitute legal information or advice. This information and all HR Support Center materials are provided in consultation with federal and state statutes and do not encompass other regulations that may exist, such as local ordinances. Transmission of documents or information through the HR Support Center does not create an attorney-client relationship. If you are seeking legal advice, you are encouraged to consult an attorney.

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