ESD denied my standby request for 8 weeks - do employer letters matter?
I just got hit with a denial for standby status and I'm confused about what went wrong. I was temporarily laid off from my construction job due to a major project delay. My manager gave me a formal letter stating I'd be back to the same position and salary in 8 weeks when the materials finally arrive. I submitted this with my initial claim thinking it would qualify me for standby, but ESD denied it saying I requested too many weeks (over 4). Now I'm confused about: 1. Did my employer need to contact ESD directly about my return date instead of just giving me a letter? 2. Is the 8-week standby only available to certain industries or larger companies? (I work for a medium-sized construction firm) 3. Should I wait 4 weeks on regular UI with job search requirements, then try to apply for the remaining 4 weeks on standby? I really don't want to job search when I KNOW I'm going back to my position in 8 weeks. Has anyone navigated this standby situation successfully?
17 comments


Clay blendedgen
The standby rules can be confusing! Your employer needs to request the standby status directly with ESD - your letter alone isn't enough. For construction specifically, standby can be approved for up to 8 weeks, but only if your employer initiates the request through their employer account. The 4-week limit typically applies to individual requests without employer verification. I'd recommend contacting your employer's HR department ASAP and ask them to submit the proper standby request through their ESD portal.
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Mary Bates
•Thanks! I didn't realize my employer had to be the one to submit it directly. I'll call our HR coordinator tomorrow morning. Do you know if they can still do this even though my initial claim was already denied for standby?
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Ayla Kumar
had same issue last yr... ESD is SUPER strict about standby!! employer HAS to request it not just give u letter. also the 8 week thing depends on ur industry - some only get 4 max no matter what. check if construction is on special list. good luck its a nightmare dealing w/ them!!
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Lorenzo McCormick
•This isn't entirely accurate. Construction is eligible for 8 weeks of standby but it MUST be requested by the employer through their SAW account. The employee can't initiate this request regardless of what documentation they have. The rules changed post-COVID and many people don't realize this.
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Carmella Popescu
I went thru this! You should appeal the denial within 30 days - I think you have a case since you have documentation from your employer. While your appealing, you should do the job search requirements just in case. My experience is that ESD isn't great about explaining their rules clearly.
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Kai Santiago
•I wouldn't recommend appealing in this case. It's faster to have the employer properly submit the standby request through their portal than to go through the appeals process. Appeals can take 6-10 weeks to process, by which time the OP would be back at work already. This is definitely an employer submission issue, not an appeals situation.
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Lim Wong
I work in HR and deal with ESD standby requests regularly. Here's what's happening: For standby periods over 4 weeks, the EMPLOYER must submit the request through their eServices account. Even though you have a letter, that's not the same as the employer officially requesting it. The 8-week construction industry allowance is still active in 2025, but it requires proper filing from the employer side. Have your employer log into their SAW account, go to their UI employer portal, and submit a standby request for you using your claim ID. Make sure they specify it's for a construction temporary layoff. They'll need to provide the specific return-to-work date and confirm same position/wages. In the meantime, you should continue filing weekly claims but you'll need to complete job search activities until the standby is approved.
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Mary Bates
•This is incredibly helpful, thank you! I just called my supervisor and he had no idea they needed to submit anything - they thought giving me the letter was enough. Our HR person is going to handle it today. Should I expect my standby status to be backdated to when I first applied, or will it only start from when they submit it?
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Dananyl Lear
my cosin was on stanby for 6 weeks last year but his boss had to do all the paperwork not him. the letter don't matter if your boss don't tell ESD directly. rules make no sense!!!
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Kai Santiago
I've been helping people with these exact issues for years. The construction industry does qualify for 8-week standby periods, but there's a specific process. Your employer needs to: 1. Log into their SAW/eServices account 2. Navigate to the UI tax/benefits section 3. Select "Request Standby Status" for your specific claim 4. Provide documentation about the temporary nature of the layoff 5. Specify the exact return date within the 8-week window You can't initiate this process yourself, regardless of what documentation you have. The letter from your employer is helpful for your records, but it's not what ESD requires for standby approval. While your employer is handling this, you must continue doing your job search activities (3 per week) and filing your weekly claims. Once standby is approved, they can backdate it to cover previous weeks.
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Mary Bates
•Really appreciate this detailed explanation! Our HR person wasn't familiar with the process but is working on it now with these steps. One more question - once they submit this request, how long does it typically take for ESD to approve standby status?
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Noah huntAce420
I was stuck in the exact same situation trying to reach ESD to clarify the standby rules last month. After getting disconnected 14 times, I used Claimyr (claimyr.com) to get through to an actual agent. They have this service that gets you on the callback list without having to redial constantly. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. The agent I spoke with explained that only employers can request standby for 8 weeks, and individuals are limited to 4 weeks maximum. Saved me so much confusion and my employer got it submitted properly after I explained what needed to happen.
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Mary Bates
•Thanks for the tip! I've been trying to get through on the phone with no luck. I'll check this out if our HR person runs into any issues with their submission.
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Lorenzo McCormick
have ur employer call right away!!! the longer u wait the more job searches youll have to do. also make sure they specify its construction industry because that's the ONLY way to get 8 weeks now. otherwise u only get 4 weeks max even with employer approval.
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Lim Wong
Quick update on timeframes since you asked: Once your employer submits the standby request properly, ESD typically processes it within 5-7 business days. Make sure your employer marks it as "Construction Industry" in the industry classification section - this is crucial for the 8-week approval. While waiting for approval, continue completing your job search activities. If approved, you'll receive a message in your ESD portal, and future weeks won't require job search activities. For previous weeks, they may waive the job search requirements retroactively, but don't count on it - better to have completed and logged them.
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Mary Bates
•Perfect - thank you! Our HR confirmed they submitted everything this afternoon and marked it as construction industry. I'll keep doing my job searches until I see the approval in my portal. Really appreciate everyone's help in figuring this out!
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Ruby Knight
Just went through something similar myself! The key thing everyone's mentioning is absolutely right - your employer HAS to be the one to submit the standby request through their portal. I made the same mistake thinking a letter would be enough. Once my employer submitted it properly (took them about 10 minutes once they figured out where to go in their account), it got approved in about a week. The construction industry classification is super important for getting the full 8 weeks. Don't skip your job searches while waiting though - I learned that the hard way when they initially denied some of my weekly claims for incomplete activities. Good luck!
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