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Rosie Harper

EDD certification for work done but not yet paid - will they skip these weeks or pay then reclaim?

I'm in a tricky situation with my remaining EDD benefits and wondering how to handle it properly. I have 3 weeks of payments left on my current benefit year (out of the original 26 weeks), though my actual benefit year doesn't end for another 6 months. I've been offered some freelance work as an independent contractor for exactly 2 weeks. The thing is, I won't be getting paid for this work until sometime in 2025, but I'll be working full-time during these 2 weeks and the pay will definitely exceed my weekly benefit amount when I do receive it. What I'm confused about is how EDD handles this when certifying. If I report that I worked these 2 weeks (which I should), will EDD: 1. Skip payments for those 2 weeks and preserve my remaining 3 weeks of eligibility for later use? OR 2. Pay me for all 3 remaining weeks now (including the 2 I worked) and then make me repay those 2 weeks as an overpayment once I report the income next year? Basically, I want to know if my 3 weeks of remaining eligibility will be used consecutively right now, or if the 2 working weeks will be skipped and I'll still have 3 weeks available after this job ends. I'm trying to avoid any overpayment issues down the road.

You need to certify that you worked for those two weeks even though you won't be paid until later. EDD goes by when you WORKED, not when you got PAID. When you certify, you'll need to answer 'Yes' to the question about whether you worked, and enter the hours worked each day. Since you worked full time, EDD will consider you employed those weeks and won't pay benefits for them. This actually works in your favor - you won't get benefits for the 2 weeks you worked, but your 3 remaining weeks of eligibility will be preserved. So if you remain unemployed after this contract job, you can still claim your 3 remaining weeks later (as long as it's before your benefit year ends in 6 months).

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Thank you! That makes perfect sense. I definitely want to report everything correctly. So to be extra clear - I'll certify that I worked these 2 weeks even though I won't be paid until 2025, EDD will skip paying me benefits for those 2 weeks, and then I'll still have 3 weeks of benefits I can use later if needed (assuming I'm unemployed again)?

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just fyi edd is gonna look at when u worked not when u got paid. i did some website work last fall and didnt get paid til way later but had to report the weeks i actually did the work. they froze my payments for those weeks but i still had my other weeks available later

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This is what happened to me too. They care about work weeks not pay weeks!!

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You're asking a really important question that comes up a lot with freelance and contract work. When you certify for benefits, you need to report work when it's performed, not when you're paid for it. This is specified in EDD guidelines. The good news is that EDD will indeed "skip" those two weeks you worked and preserve your remaining three weeks of eligibility. Think of it like this - you have 3 weeks of benefits left, and if you work for 2 weeks in between, you'll still have 3 weeks available after the work ends (as long as it's within your benefit year). The key thing when certifying is to be truthful about your work activity. For those two weeks, report that you worked, provide the hours, and indicate your expected earnings even if you haven't received payment yet. EDD will then put your claim on hold for those two weeks and resume it afterward if you certify that you're unemployed again. This is much better than the alternative scenario of receiving benefits during weeks you worked and then dealing with an overpayment notice later, which could include penalties.

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This is true but sometimes the EDD reps give conflicting info. I waited on hold for 3 hours last month trying to ask about a similar situation and the first rep gave me completely wrong information. Had to call back the next day and got someone who actually knew what they were talking about. The phone system is a nightmare.

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If you're having trouble getting clear answers from EDD directly about this situation, you might want to try Claimyr. I was stuck in a similar situation with questions about reporting freelance work, and couldn't get through to anyone at EDD for weeks. A friend recommended Claimyr (claimyr.com) which got me connected to an EDD rep in about 20 minutes instead of spending days redialing. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The agent I spoke with confirmed exactly what others are saying here - you report when you work, not when you get paid. Your remaining weeks stay available for later use within your benefit year.

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Does this actually work? I've been calling EDD for like 2 weeks straight and just get the stupid message saying too many callers

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Yeah it worked for me! Way better than calling 50+ times a day. The rep I got was actually really helpful about my freelance reporting question. Totally worth it instead of stressing for weeks.

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WATCH OUT FOR THIS!!! I made this EXACT mistake last year and it caused me HUGE problems!! I did 3 weeks of contract work but didnt report it properly because I hadnt been paid yet, and EDD hit me with an overpayment notice AND slapped on a false statement penalty that added 6 penalty weeks to my claim!!! YOU MUST REPORT THE WORK WHEN YOU DO IT not when you get paid!!! EDD doesnt care when the money hits your bank account. They care when you performed the work. If you dont report it correctly, they will eventually find out (probably when the company reports paying you to the IRS) and then youll be in a whole mess of trouble. Best way is exactly what you're planning - report the work when you do it, don't collect benefits for those weeks, and then you'll still have your 3 weeks of eligibility to use later when you're truly not working.

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Oh wow, that sounds like a nightmare situation! I definitely want to avoid any false statement penalties or having to pay back benefits. Thank you for the warning - I'll absolutely report the work when I do it, even though payment comes later.

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i think everyone else already answered ur main question but just wanted to add that u should keep track of ur hours SUPER carefully for those 2 weeks. like keep a daily log of exactly what time u started and stopped working. i got audited by edd once and they wanted to see proof of my work hours for some freelance stuff and i didnt have good records and it was a huge headache.

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That's great advice! I hadn't thought about keeping detailed time records, but it makes sense that EDD might ask for proof. I'll set up a spreadsheet to track my hours meticulously. Better safe than sorry!

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One additional note - make sure you understand how to properly report your work status during certification. When you certify for the weeks you worked, you'll need to: 1. Answer "Yes" to the question asking if you worked 2. Enter the number of hours worked each day 3. Report your expected gross earnings (before taxes) even if you haven't been paid yet 4. Answer "No" to the question asking if you're still unemployed Then for the certification after your contract ends, you'll go back to answering that you're unemployed and available for work. This approach preserves your remaining 3 weeks of eligibility while ensuring you remain in compliance with EDD regulations. As long as you're truthful in your reporting, you won't have to worry about overpayments or penalties later.

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Thanks for these specific instructions! The certification form always makes me nervous because the questions can be a bit confusing. I'll follow these steps exactly. And I'll make sure to estimate my gross earnings as accurately as possible even though I won't receive payment until next year.

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wait i just thought of something does ur benefit year end soon? cuz u said u have like 6 months left but only 3 weeks of payments? if ur gonna use those 3 weeks make sure u use them b4 the benefit year ends or ull lose them!!!

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This is an important point! If your benefit year ends in 6 months, you need to use all remaining weeks of eligibility before that end date. Any unused weeks are forfeited when your benefit year expires, even if you had weeks of eligibility left. So make sure you claim those 3 remaining weeks before your benefit year ends or you'll lose them entirely.

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One time i worked for a week but didnt report it to EDD cause i didnt get paid for like 2 months and they found out anyway and i had to pay it all back plus a penalty. Not worth it. Just tell them when u actually did the work and youll be fine

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I'm definitely planning to report everything correctly. I was just confused about whether reporting the work would use up my remaining eligibility weeks or preserve them for later. Sounds like everyone's confirming that the weeks get preserved, which is exactly what I was hoping for!

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Just want to echo what everyone else is saying - you're handling this exactly right by planning to report the work when you do it! I had a similar freelance situation last year where I did a 3-week project but didn't get paid until months later. I was nervous about reporting it before getting paid, but I'm so glad I did because EDD preserved my remaining weeks of eligibility for when I needed them later. The key thing that helped me was keeping really detailed records of exactly what I did each day and my expected earnings. When I certified, I reported the work honestly and EDD just paused my benefits for those weeks. After the project ended and I was unemployed again, I was able to use my remaining weeks without any issues. It sounds like you've got a good plan - just make sure to use those 3 remaining weeks before your benefit year ends in 6 months!

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