unemployment insurance claimant handbook tc318.3 (Part 1 of 4)

Unemployment

Insurance

A Bridge to Your Next Career In This Guide

What Is Unemployment Insurance?

Unemployment Insurance

Benefits Eligibility

Receiving Your Benefits: Your Pin,

Ny.Gov Id, Direct Deposit And

The Debit Card

How Much Will I Receive In Benefits

Each Week?

When Will I Start Receiving Benefits?

How Do I Claim Weekly Benefits?

What Are The Work

Search Requirements?

Overpayments And Fraud

What Should I Do When I

Return To Work?

Hearing And Appeal Process

Special Situations

Important Notice

You are required to read this handbook. It explains how Unemployment Insurance works and tells you your rights and responsibilities. Many of the questions you may have are answered in this handbook. If your question is not answered here, please check our website at labor.ny.gov, especially the Frequently Asked Questions. From our homepage, choose “Get Unemployment Assistance” and then “Frequently Asked Questions.” This handbook is also available in the following languages:

Albanian Chinese Haitian Creole Japanese Russian Yiddish Arabic French Hindi Korean Spanish Bengali Greek Italian Polish Urdu You may view the handbook online at labor.ny.gov or you may request a copy by calling 888-209-8124. If you have a specific question and your language is not listed above, call 888-209-8124. Press “9” and we will arrange for an interpreter.

About Ny.Gov Id:

In order to file a claim online, send us a secure message, sign up for direct deposit and more, you must set up an NY.gov account at labor.ny.gov/signin. For more information about NY.gov, please see Chapter 3: “Setting up your NY.gov ID.”

Personal Privacy Protection Law Notice

New York State law (Section 94(1) (d) of the New York Public Officers Law) requires us to tell you that we must collect personal information from you in order for you to participate in the Unemployment Insurance program. If you do not give us the information we ask for, we may have to deny you Unemployment Insurance benefits.

Under certain conditions and if authorized by law, the information we collect may be sent to your employer(s) and various state and federal agencies to verify your employment and eligibility for benefits. This may include the use of computer systems that match the information we obtain with that in other databases; for example, lists of people recently hired that are maintained by the New York State Department of Taxation and Finance.

You have the right to review information about you which is maintained by the Unemployment Insurance Division, unless exempted by law. The Unemployment Insurance Division routinely verifies alien registration numbers with United States Citizenship and Immigration Services of the United States Department of Homeland Security in order to determine if a person is eligible for Unemployment Insurance benefits. This is required by the Federal Immigration Reform and Control Act of 1986.

Our authority to request personal information when you file a claim is found in Article 18 of the New York State Labor Law for Regular State and Extended Unemployment Benefits, Chapter 85 of Title 5 of the United States Code for Federal Civilian and Military Unemployment Compensation and Chapter 68 of Title 42 of the United States Code for Disaster Unemployment Assistance.

*To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor Contact Us

Secure Messaging And Other Messages

You may send and receive secure messages, correspondence and questionnaires through your Labor Online account and by mail. A failure to complete questionnaires and respond by the deadline provided may delay your claim or result in the denial and/or suspension of benefits. To claim weekly Unemployment Insurance benefits (certify for benefits) or check the status of benefit payments:

• Online: Go to labor.ny.gov/signin, click "Sign In," enter your NY.gov username and password. On the My

Online Services page, in the Unemployment Insurance section, click “Unemployment Services,” and then choose “Claim weekly benefits.”

• Telephone: Call 888-581-5812, our Tel-Service automated phone system, 24 hours a day, 7 days a week.

• TTY/TDD users (deaf or hard or hearing): Call a relay operator at 800-662-1220 and ask the relay

operator to call 888-783-1370.

• Video Relay Users: If you use a Video Relay System or another type of relay service, contact your relay

operator and ask the relay operator to call 888-783-1370. To apply for benefits (file a claim) or ask specific questions about your claim:

• To file a claim online: Go to labor.ny.gov/signin. Click "Sign In." Enter your ny.gov username and password.

On the My Online Services page, in the Unemployment Insurance section, click "Unemployment Services." Click "File a claim"

• Telephone: Call our Telephone Claims Center Monday through Friday, 8 a.m. to 5 p.m. at 888-209-8124.

Interpreters are available for most languages; press 9 for an interpreter.

• TTY/TDD users: Call a relay operator at 800-662-1220 and ask the operator to call 888-783-1370.

• Video Relay Service users: If you use a Video Relay System or another type of relay service, contact your

relay operator and ask the relay operator to call 888-783-1370.

• To ask questions by secure message: Sign in at labor.ny.gov/signin . Click "Sign In." Enter your ny.gov

username and Password. On the My Online Services page, in the Messages section, click "Go to My Inbox." Select “Compose New” and then select the subject of your question. To create or use an NY.gov ID:

• Go to labor.ny.gov/signin. Click “Create NY.gov Account” to create a new NY.gov account.

• Need help? Call the Department of Labor Contact Center at 800-833-3000 between 8:30 a.m. to 4:30

p.m. Monday through Friday. Press option 2 to speak to a representative at the Department of Labor Contact Center. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER III

New York State Department of Labor To change your address or phone number

• You may change your address or phone number when you claim weekly benefits online by clicking

the “Update Your Personal Information” button and then the “Change Address/Telephone Number” button.

• Online: Go to labor.ny.gov/signin. Click "Sign In." Enter your NY.gov username and password.

On the My Online Services page, in the Unemployment Insurance section, click "Unemployment Services." Click "Update My Personal Information" and then click "Change Address and/or Your Phone Number."

• Telephone: Call our Telephone Claims Center Monday through Friday, 8 a.m. to 5 p.m. at

888-209-8124. Interpreters are available for most languages; press 9 for an interpreter. Debit card assistance – Way2Go Program Customer Service:

• Call 844-649-9845

To register for direct deposit

• Sign in to your account at labor.ny.gov/signin. Enter your NY.gov username and password. Click the

“Unemployment Services” button on the My Online Services page. Click on “Update Your Personal Information.” Click on Update/Register for Direct Deposit.” (You may also register when you file a claim or claim weekly benefits.) To change your tax withholding

• Online: Sign in to your account at labor.ny.gov/signin. Enter your NY.gov username and password.

Click the “Unemployment Services” button on the My Online Services page. Click on “Update Your Personal Information.” Click “Update Tax Withholding.” (You may also change tax withholding when you file a claim or claim weekly benefits.)

• Telephone: Call our Telephone Claims Center,* select the option to speak to a representative about

a claim you have already filed, enter your Social Security Number and PIN, and then press 3 to change your federal tax withholding, or press 4 to change your state tax withholding. To obtain your 1099-G form:

• Online: Sign in to your account at labor.ny.gov/signin. Enter your NY.gov username and password.

Click the “Unemployment Services” button on the My Online Services page. Click on “Get Your NYS 1099-G.” (You may also request your form 1099-G when you file a claim or claim weekly benefits.)

• Telephone: Call our Telephone Claims Center* and select the option to obtain your 1099-G form.

To find a Career Center

• Online: Go to labor.ny.gov/career-center-locator.

• Telephone: Call our Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m. Monday-Friday.

*To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

IV Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor To report unemployment insurance fraud

• Online: Go to labor.ny.gov. Click on “Report Fraud” near the bottom of the screen.

• Call: 888-598-2077 (Claimant Fraud) OR 866-435-1499 (Employer Fraud)

To report a mistake you made when claiming weekly benefits

• Online: Go to labor.ny.gov/signin. Enter your NY.gov username and password. On the My Online

Services page, in the Messages section, click "Go to My Inbox." Select “Compose New.” Select Subject: "Claims Questions." Select Second Subject: "Certification Questions." In the body of the message, explain the mistake and call 888-209-8124 as soon as you can.

• Telephone: Call our Telephone Claims Center Monday through Friday, 8 a.m. to 5 p.m. at

888-209-8124. Interpreters are available for most languages; press 9 for an interpreter. To correct employer or wage information on your Monetary Benefit Determination

• Complete and return the Request for Reconsideration form. (Use the form sent with the Monetary

Benefit Determination or the form in the back of this handbook.)

• Online: Go to labor.ny.gov/signin. Enter your NY.gov username and password. On the My

Online Services page, in the Messages section, click "Go to My Inbox." Select “Compose New.” Select Subject: “Benefit Rate and Monetary Determination.” Select Second Subject: Request for Reconsideration of Benefit Rate, Alternate Base Period Request, or Rate Based on Weeks of Employment Request." In the body of the message, explain which wages or employer are missing or incorrect. Upload supporting documents.

To request an extended base period (because you do not qualify for benefits using the Basic or Alternate Base Periods, but you received workers’ compensation or volunteer firefighters’ benefits during the basic base period)

• Complete and return the Request for Reconsideration form. (Use the form sent with the Monetary

Benefit Determination or the form in the back of this handbook.) To request back credit for a missed week There are three ways to request a credit for a missed week of benefits. When using any one of the three methods, please make sure to include the beginning and ending dates of the time period which you did not claim benefits and the reason you did not claim benefits promptly.

• Online: Go to labor.ny.gov/signin. Enter your NY.gov username and password. On the My Online

Services page, in the Messages section, click "Go to My Inbox." Select “Compose New.” Select Subject: “Claims Questions." Select Second Subject: “Request Backdating of claim/Request to claim benefits for a prior week."

• Fax: Fax your request to 518-457-9378.

• Mail: Mail your request to New York State Department of Labor, PO Box 15130, Albany, NY 12212-

5130. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER V

New York State Department of Labor To ask the Department of Labor about your availability status when you leave the country or leave your local labor market.

• Online: Go to labor.ny.gov/signin. Enter your NY.gov username and password. On the My Online

Services page, in the Messages section, click "Go to My Inbox." Select “Compose New.” Select Subject: "Claims Questions." Select Second Subject: "Traveling out of the area." In the body of the message, explain when you are leaving, where you are going, and when you expect to return.

• Telephone: Call our Telephone Claims Center Monday through Friday, 8 a.m. to 5 p.m. at

888-209-8124. Interpreters are available for most languages; press 9 for an interpreter. To find my Benefit Year Ending date

• It is on your Monetary Benefit Determination and many other documents mailed to you; it is also on

your Payment History (instructions below). To request a record of my unemployment insurance payments (Payment History)

• Online: Sign in to your account at labor.ny.gov/signin. Enter your NY.gov username and password.

Click the “Unemployment Services” button on the My Online Services page. Click “View Payment History.” (You may also request your payment history when you file a claim or claim weekly benefits.)

• Telephone: Call 888-581-5812 and follow the instructions to inquire about your benefit payment status.

To request a hearing

• Complete and return by fax or mail the Claimant Request for Hearing form found at the back of this

handbook; or

• Online: Sign in to your account at labor.ny.gov/signin. Enter your NY.gov username and password.

On the My Online Services page, in the Online Forms section, click on the “Go to My Online Forms” button. In the left menu, select the “Claimant Request for Hearing” form. Complete the form. Upload supporting documents if you have them. Click on the “Submit” button. More Resources:

• New York State offers three important programs to help low-income residents with basic needs:

SNAP, HEAP, and WIC.

• SNAP (Supplemental Nutrition Assistance Program) provides electronic benefits that can be used

to buy groceries at authorized stores

• HEAP (Home Energy Assistance Program) helps pay for heating costs in the winter and cooling

costs in the summer.

• WIC (Women, Infants, and Children) provides healthy food and other support services to

pregnant women, new mothers, and young children.

• To find out more and apply visit mybenefits.ny.gov

• For information about New York State’s Minimum Wage: labor.ny.gov/minimumwage

• For information about New York State’s Paid Family Leave program: paidfamilyleave.ny.gov

VI Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor Introduction to Unemployment Insurance This section provides an overview of the Unemployment Insurance program. However, you are required to read this entire handbook. You are responsible for knowing the information in it. Overview

• Frequently Asked Questions about Unemployment Insurance:

dol.ny.gov/claimant-frequently-asked-questions

• See the Glossary in Chapter 12 for definitions of important terms used in this handbook

• Unemployment Insurance is temporary income for eligible workers who become unemployed

through no fault of their own. Those who qualify can receive a weekly benefit payment for a maximum of 26 full weeks during a one-year period. In New York State, employers pay for benefits, not workers. No deductions are taken from workers’ paychecks. The Department of Labor decides if you are eligible for benefits, not your employer.

• There are certain eligibility requirements you must meet to receive benefits. You must:

• Have lost employment through no fault of your own

• Have enough prior earnings from employment to establish a claim

• Be ready, willing and able to work immediately

• Be actively seeking work

• Keep a written record of your work search activities for each week you claim benefits or use the

work search tool located at labor.ny.gov/careerservices/jobzone/index.shtm

• Attend required appointments at your local Career Center

Claiming and receiving weekly benefits

• Once you have filed a claim for benefits, you must also claim weekly benefits for each week

you are unemployed and meet the eligibility requirements. This is also called “certifying for benefits.” You are confirming that you were unemployed for all or part of the past week and that you met all other conditions of receiving benefits. Claim your weekly benefits each week online at labor.ny.gov/signin or by calling 888-581-5812. See Chapter 6: “How do I claim weekly benefits?” for further explanation.

• The first full week of your claim is a waiting week. You will not be paid for this week, but you must

still claim weekly benefits and fulfill all eligibility requirements. See Chapter 5: “When will I start receiving benefits?” for further explanation.

• If you are eligible, your first payment will generally be made in two to three weeks from the time

you file your claim. In some cases, we must get additional information before payment can be made and your first payment may take longer. We use this time to review and process your application for benefits. You will not receive benefits during this period. Continue to claim weekly benefits as long as you are unemployed and meet the eligibility requirements. Also, check your mail and email, and respond to any questionnaires, online forms, or phone calls from the Department of Labor right away to prevent delays in your payments.

• If you are found eligible, you will receive any back weeks of benefits owed with your first payment.

You will receive your benefits via direct deposit or bank debit card. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER VII

New York State Department of Labor

• If you are found ineligible, you will receive a determination explaining the reason. If you disagree,

you may request a hearing within 30 days from the date of the determination.

• The hearing is held before an independent administrative law judge. You have the right to bring

legal representation, though it is not required. For a list of legal resources, including attorneys, registered representatives, legal services programs and pro bono attorneys’ organizations, go to the Unemployment Insurance Appeal Board website at uiappeals.ny.gov. Click on the “Helpful Information” tab and then click on “Guides and Resources.” Choose the “List of Attorneys & Authorized Agents.” You may also request this list by calling 518-402-0205.

• Continue to claim weekly benefits as long as you are unemployed and meet the eligibility

requirements. If you win your hearing you will receive any back weeks of benefits owed.

• Your weekly benefit payment amount (benefit rate) depends on how much and when you

were paid before you became unemployed. There is a formula we use to calculate your rate. See Chapter 4: “How much will I receive in benefits each week?” for further explanation. The maximum benefit rate is $504. For claims effective January 1, 2025 or later, the minimum benefit rate is $136. Unemployment Insurance and work

• You must report any work. When you claim weekly benefits, you must tell us about any work,

including part-time or temporary work, unpaid jobs or self-employment. You must report work for the week you performed the work, not when you were paid for the work. You can work up to 10 hours in a week without reduction of your unemployment benefits and you can report zero (0) days worked on your weekly certification under DOL’s new rules. See Chapter 6: “How do I claim weekly benefits?” for further explanation.

• You can get partial benefits if you worked up to 30 hours and made the maximum benefit rate

($504, excluding earning from self-employment) or less in a given week.

• If you work more than 30 hours or earn more than the maximum benefit rate ($504, excluding

earnings from self-employment) in a week, you are not eligible for benefits for that week, even if you have not yet been paid for the work performed. You do not need to claim benefits for the week. How to avoid fraud

• Do not give anyone – including family members – access to your PIN, NY.gov ID and password,

or debit card and do not let anyone claim benefits for you. This is considered fraud. The only exception is if you cannot enter your own information due to a disability or language issue. In this case, you may have a helper enter that information for you. However, you must be with your helper when they enter your password or PIN. Note: Claimants are not required to use a helper for any services through the Department of Labor, including unemployment insurance. Interpretive services are available at no cost.

• You cannot claim benefits for any period that you are outside the United States, Canada,

Puerto Rico or the Virgin Islands. Do not try to certify for benefits from outside these countries or territories. This will lead to a freeze on your claim and may delay your payments. Also, do not have someone else certify on your behalf while you are traveling outside the country. This is fraud and can lead to severe penalties. See “What if I travel outside my area or outside the country?” in Chapter 6 for further explanation.

• Even after you have started receiving benefits, your benefits may be stopped if we receive

information that affects your eligibility for benefits. Continue to claim weekly benefits as long as you are unemployed and meet the eligibility requirements. Also, check your mail and respond to any questionnaires or phone calls from the Department of Labor right away. When the investigation is complete, you will either receive all benefits due or receive a determination from us in the mail.

VIII Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor

• If you tried to claim weekly benefits, but the phone system does not allow you to certify, we

most likely received information that shows you might have been working while you certified that you were not working. When this happens, we must investigate and confirm that you are indeed unemployed. To resolve this, you must go to labor.ny.gov/signin and follow the steps to claim weekly benefits. If you do not have access to a computer, get your work information ready and call 877-280-4541.

• Warning: The Department of Labor receives information about your employment and wages from

Employers and other sources. If you knowingly give false information or withhold information while applying for benefits, claiming weekly benefits, or during an investigation you are committing fraud. If you commit fraud, you will be required to repay the money. You will also be charged a penalty and forfeit future benefits.

• The Department of Labor can obtain a judgment against you in order to collect fraudulently

obtained overpayments. Once entered, a judgment is good and can be used against you for twenty years and your money, including a portion of your paycheck and/or bank account, may be taken. Also, a judgment may hurt your credit score and may affect your ability to rent a home, find a job or take out a loan.

• Fraudulent claims can also lead to civil penalties and fines, criminal prosecution and even prison.

Criminal penalties do not cancel overpayments owed to the Department of Labor. New York State also has what is called a “right of offset.” If you do not pay back benefits that were overpaid to you, we can seize any payments New York State may owe you. These include future Unemployment Insurance benefits, contract payments, state tax and other payments. We can also seize federal (IRS) tax refunds and other federal payments to collect any debt you owe, as well as any unemployment benefits you may be due in other states.

Protecting your right to benefits

• Save your employment records

• The Department of Labor can go back an unlimited number of years to collect overpayments if

we determine that when claiming weekly benefits, you knowingly failed to report all hours you worked during a current or previous claim. In such an event you will need proof of work history to dispute an allegation of fraud. To prepare yourself for such a possibility, make sure you save your schedule, time records, and pay stubs.

• Provide true, complete, and accurate information

• Any messages you send or receive by secure message may be used as evidence in a

future hearing.

• Your conversations with Department of Labor employees may be recorded or summarized and a

summary of your conversation may be presented as evidence at a future hearing. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER IX

New York State Department of Labor About personal integrity and Unemployment Insurance Most people who apply for Unemployment Insurance benefits do the right thing. They have become unemployed through no fault of their own, need temporary help while they look for a new job, are actively seeking work and are ready, willing and able to get back to work.

Integrity means exactly that: doing the right thing. As a participant in the Unemployment Insurance system, you are expected to act ethically, honestly and in good faith. Employers, state staff and the public are also expected to act with integrity. When we all act with integrity, it helps ensure that money is available to pay benefits to people who depend on Unemployment Insurance while they are without work.

The Department of Labor’s Unemployment Insurance Division is working with claimants, employers, the public and other federal and state agencies to ensure the integrity of the Unemployment Insurance system. We are working to detect and eliminate improper payments (called “overpayments”) and prevent fraud by using new technology, computer matching against various databases and changing policies and procedures to stop those who choose to do the wrong thing.

If you made a mistake — for example, you received benefits that you should not have — we can help. Please tell us as soon as possible. Send us a secure message at labor.ny.gov/signin. Enter your NY.gov username and password. On the My Online Services page, in the Messages section, click "Go to My Inbox." Select “Compose New.” Select Subject: "Claims Questions." Select Second Subject: "Certification Questions." In the body of the message, explain the mistake. Or, you can call our Telephone Claims Center* , even if you are not sure there is a problem. Telling us now will help preserve your rights to past, present and future benefits.

About Unemployment Insurance fraud If you knowingly give false information or withhold information while applying for benefits or claiming weekly benefits, you are committing fraud. If you commit fraud, you will be charged a 15 percent cash penalty or $100 (whichever is greater) on the overpayment of benefits. In addition, you will have to pay back the money and forfeit future Unemployment Insurance benefits. Also, the Department of Labor can obtain a judgment against you in order to collect fraudulently obtained overpayments.

Once entered, a judgment is good and can be used against you for twenty years, and your money, including a portion of your paycheck and/or bank account, may be taken. Also a judgment may hurt your credit score and may affect your ability to rent a home, find a job, or take out a loan. You must truthfully and completely report all businesses in which you have any ownership or position, and report all activity you do which may produce any income. Failure to do so may result in civil or criminal consequences.

If we determine that you are not eligible for benefits and you disagree, you have a right to a hearing before an Administrative Law Judge at no cost to you. If it is found at a hearing that you fraudulently collected payments, you will be required to repay the money. You will also be charged a penalty and forfeit future benefits. If you don’t repay the money, we can file a judgment against you as described above.

Fraudulently applying for or claiming Unemployment Insurance benefits can also lead to civil penalties and fines, criminal prosecution and even prison. For example, if you are convicted of a misdemeanor, the penalties are a fine of up to $500, up to a year in jail or both. A felony conviction carries a prison sentence of over a year. In addition, you would also have to repay any benefits you were overpaid. Criminal penalties do not cancel overpayments owed the Department of Labor.

You should also be aware that, under federal law, it is a felony to alter, buy, sell or counterfeit a Social Security card. This offense can result in fine or imprisonment. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

X Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor The ten most common issues that will negatively affect your benefits Here are the ten most common things claimants do that negatively affect their benefits: 1. Claim benefits after returning to work. When claiming weekly benefits after you return to work, you must report all hours you worked (up to 10 in a day) even if you have not yet been paid. If you work more than 30 hours in a week or earn more than $504 in a week, you will not be eligible for benefits and do not need to claim that week.

2. Work while collecting and not reporting it while certifying, even if you were not paid. Note: Volunteer work is allowed. Please see Chapter 6: “What if I do volunteer work?” for more information. 3. Work “off the books” or “under the table” while claiming benefits. 4. Make a false statement to or withhold information from the Department of Labor.

5. Try to apply for Unemployment Insurance or claim weekly benefits (also called certifying for benefits) while out of the United States, Puerto Rico, the Virgin Islands or Canada. 6. Give your PIN or NY.gov identification and password to someone else so they can claim benefits for you. Do not give anyone – including family members – your PIN or NY.gov identification or password. This is considered fraud. If you think your PIN, NY.gov ID, passwords or debit card may have been compromised, contact the Telephone Claims Center* immediately. The only exception is if you cannot enter your own PIN, you may have a helper enter it for you. However, you must be with your helper when they enter your password or PIN. Note: Claimants are not required to use a helper for any services through the Department of Labor, including unemployment insurance.

Interpretive services are available at no cost. 7. Don’t attend required appointments at a Career Center. Failure to attend may result in a freeze on your claim until you physically report to the Career Center. 8. Falsely report that you looked for work, when you did not. Please see Chapter 7: “What are the work search requirements?” for specific information about how you must look for work.

9. Falsely report that you are available for work when you cannot work, whether due to illness, vacation, child care arrangements or any other reason. You are not eligible for benefits on any day that you are not able or available to accept work immediately. 10. Don’t tell us the real reason you left your job.

If you suspect that an employer or another individual may be committing Unemployment Insurance fraud, report it at 888-598-2077. You can remain anonymous. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER XI

New York State Department of Labor Table of Contents To claim weekly Unemployment Insurance benefits (certify for benefits) or check the status of To request an extended base period (because you do not qualify for benefits using the Basic or Alternate Base Periods, but you received workers’ compensation or volunteer firefighters’ To ask the Department of Labor about your availability status when you leave the country or *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

XII Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor 3 Receiving your benefits: Your PIN, NY.gov ID, If wages and/or employers are missing from your Monetary Benefit *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER XIII

New York State Department of Labor What if I travel outside my area or outside the United States, Canada, Puerto Rico or How do I file a claim for a week that I was partially in the country and ready, willing, I tried to claim weekly benefits, but the phone system will not allow me to certify. I get a message that I have to sign in to labor.ny.gov or call a certain phone number.

What kind of work do I have to look for? Can I refuse a job because What if I refuse a job that meets the wage requirements as explained in the question *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

XIV Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor Phone Numbers — Hearing Offices: What if I think my benefits are late? Also, how do I check my payment history and/or If I lose my full-time work and have a part-time job on the side, I lost my job due to international trade. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER XV

New York State Department of Labor It’s unlikely I’ll be able to find another job in my old industry or occupation. What if I worked in New York State and one or My employer paid me as an independent contractor and/or How do I get proof that I am receiving or have received Unemployment benefits? ..47 13 Appendix I: Claimant Helping claimants understand their rights and responsibilities throughout the When should I contact the Telephone Claims Center (TCC) *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

XVI Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor

1 What Is Unemployment Insurance?

Unemployment Insurance is temporary income for eligible workers who become unemployed through no fault of their own. Unemployed workers who are receiving Unemployment Insurance benefits are sometimes referred to as “claimants.” You will see that term used throughout this handbook and on our website. You can receive Unemployment Insurance benefits for a maximum of 26 full weeks during a one-year period called a “benefit year.” In New York State, employers pay for benefits, not workers. No deductions are taken from workers’ paychecks for Unemployment Insurance.

New York State Department of Labor

2 Unemployment Insurance

Benefits Eligibility

If you are not sure if you are qualified to receive Unemployment Insurance benefits, you should still apply as soon as possible. We will determine if you are eligible. Requirements to receive benefits You can apply for Unemployment Insurance benefits (file a claim for benefits) if you have worked in New York or another state. In order to receive benefits, you must:

• Have lost employment through no fault of your own

• Have enough prior earnings from employment to establish a claim

• Be ready, willing and able to work immediately

• Be actively seeking work

• Keep a written record of your work search activities for each week you claim benefits or use the

work search tool located at dol.ny.gov/jobzone

• Attend required appointments at your local Career Center

Reasons you could be denied benefits You must meet the requirements set by law to receive Unemployment Insurance benefits. You cannot get benefits if you have less than the required work history and wages to establish a claim as discussed in Chapter 4: “How much will I receive in benefits each week?” Other reasons your claim could be denied include:

1. Availability, capability and work search. You will be denied benefits if you are:

• Not ready, willing and able to work

• Not prepared to take a job immediately

• Not physically or mentally capable of employment

• Not actively seeking work and keeping a record of your work search activities (online or written) for

each week that you claim benefits If you are not eligible for benefits because you are not available for or capable of work, you can become eligible when you show the Department of Labor that you are again available for employment, capable of working and actively seeking work, and keeping a record of your work search activities.

You must attend required appointments at your local Career Center. If you do not go to your required appointment, your benefits will be stopped immediately. The first thing you need to do is immediately go, in person, to the New York State Career Center listed on your appointment notice during that center's routine business hours. You may also report by calling that Career Center and speaking with a Department of Labor staff person.

2 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor 2. Voluntary quit and discharge: You may be disqualified from receiving Unemployment Insurance benefits if we determine that:

• You quit a job without good cause, or

• You were discharged (fired) for misconduct

A disqualification for these reasons lasts until you work again and earn at least ten times the benefit rate we calculated when you filed your claim. Earnings from self-employment will not count. Once you have earned enough from employment to end the disqualification, you must also be out of work again through no fault of your own.

If you left your job for good cause, you will not be disqualified from receiving Unemployment Insurance benefits. Examples of good cause include:

• A domestic violence situation where your safety, or the safety of your immediate family, would be at

risk if you stayed in the job

• If a member of your immediate family has an illness or disability that requires you to take care of

them for longer than your employer is willing to grant time off (paid or unpaid)

• “Disability” includes: mental and physical disabilities, permanent and temporary disabilities, and

partial and total disabilities

• If your spouse’s employment location changes and you must move with them to a place where you

cannot easily commute to your job

• The Department of Labor determines that your pay and/or hours of work were reduced substantially

• The Department of Labor determined that your former employer did not address a safety hazard

If you lost any job in the last 18 months due to misconduct, the wages you earned in that job cannot be used to establish a claim or to calculate your benefit rate. This may negatively impact your eligibility for benefits or lead to a reduced benefit rate. If you lost any job in the last 18 months because you quit without cause, the wages you earned in that job can still be used to establish a claim or to calculate your benefit rate, as long as you have earned at least ten times your benefit rate after that job ended and you are out of work again through no fault of your own.

• Example A: You are unemployed because you quit your last job for personal reasons. You file a

claim for unemployment benefits and your benefit rate is $400. However, because you quit your last job without cause, you are disqualified from receiving benefits. You will not be able to establish a claim until you work and earn at least $4,000 ($400 times ten) from new employment and you are out of work again through no fault of your own.

• Example B: You file a claim for benefits and your benefit rate is $400. You are unemployed

because you were laid off from your last job, Job A, where you worked for three months. Prior to Job A you worked for another employer, Job B, for six months. You only worked at Job A and Job B in the last 18 months. Job B ended because you were fired for misconduct. Therefore, the wages you earned at Job B cannot be used to establish a claim or to calculate your benefit rate. We will only consider your wages from Job A to determine your eligibility and calculate your benefit rate.

• Example C: You file a claim for benefits and your benefit rate is $400. You are unemployed

because you were laid off from your last job, Job A. You worked at Job A for three months and earned $6,000. Prior to Job A you worked for another employer, Job B, for six months. Job B ended because you quit for personal reasons. Because you earned more than ten times your benefit rate ($400 x 10 = $4,000) at Job A, you will be eligible for benefits. The wages you earned at Job B can be used to establish a claim or to calculate your benefit rate despite the fact that you quit without cause from Job B.

New York State Department of Labor 3. Job refusal: You can also be disqualified from receiving Unemployment Insurance benefits if, after applying, you refuse to take a job that meets the qualifications described in Chapter 7: “What kind of work do I have to look for? Can I refuse a job because the wages are too low?” You may not refuse employment that you are qualified for without good cause. Examples of good cause include:

• The job would interfere with your right to join or retain membership in a labor organization, or

interfere with or violate a collective bargaining agreement

• There is a strike, lockout, or other industrial controversy in the establishment where the

employment is offered

• The employment is an unreasonable distance from your residence, or travel to and from the

employment is substantially more expensive than that required in your former employment

• The wages, compensation, hours, or conditions are substantially less favorable than those

prevailing for similar work in the locality or are such that they depress wages or working conditions

• You customarily worked part time in the 18 months before you filed your claim, and the offer of

employment is not comparable to your part-time work. 4. Strike and other industrial controversy, except lockouts: If you lose your job due to a labor dispute, such as a strike, you may be eligible for Unemployment Insurance benefits. Normally, the strike must last for 14 days before you are eligible to receive benefits. This is called a suspension period. The suspension period does not apply if you are locked out of your workplace due to a labor dispute. You may be eligible sooner if:

• The labor dispute ends and you are still unemployed, or

• Your employer hires permanent replacement workers

5. Criminal acts: You will be disqualified from receiving benefits for 12 months after you lose employment, whether you quit or are fired, if you:

• Lost your job for committing a felony in connection with your employment, AND

• You admitted guilt in a signed statement or were convicted of the felony

In addition, wages paid to you for employment that ended in criminal acts cannot be used to establish a claim. 6. Incarceration: If you are in jail or prison, you are not available to accept work immediately. Therefore, you are not eligible for Unemployment Insurance benefits. Also, it is against the law for you to allow or direct anyone else to claim weekly benefits for you while you are incarcerated.

There may be other, less common circumstances that can prevent you from being eligible for Unemployment Insurance benefits. These are discussed in Chapter 11: “Special Situations.” *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

4 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor

3 Receiving Your Benefits: Your

Pin, Ny.Gov Id, Direct Deposit And

The Debit Card

Setting up your Personal Identification Number (PIN) If you filed your claim over the phone, you were prompted to create a Personal Identification Number, or PIN. It is important to remember your PIN. You will use it when you:

• Call the Telephone Claims Center* to ask a question about your weekly benefits, or

• Claim weekly benefits (certify for benefits) by telephone using Tel-Service

If you forget your PIN or if you think someone else might know your PIN, you can reset it by calling the Telephone Claims Center.* Select the menu option “For PIN or address changes.” Setting up your NY.gov ID If you choose to claim weekly benefits (certify for benefits) on our website, you will need to set up and use an NY.gov ID. This is different from the PIN you set up when you file a claim. With an NY.gov ID, you can claim weekly benefits and get other information about your benefits on our website. You can also ask a specific question about your claim via secure message. Your NY.gov ID can also be used to access services offered by other New York State agencies. Directions for creating an NY.gov ID are on our website at labor.ny.gov/signin. If you have difficulty creating an NY.gov ID, see the illustrated instructions listed on the sign in page, check the NY.gov Frequently Asked Questions, or call 800-833-3000 Monday - Friday, 8:30 a.m. to 4:30 p.m. Please do not call the Telephone Claims Center* with NY.gov ID issues, they cannot resolve technology issues.

Important: Allowing someone to get benefits or access your claim using your PIN, your NY.gov ID or your NY.gov password is a serious offense. It can lead to severe penalties, including criminal prosecution and imprisonment. You can also lose up to 20 weeks of benefits. Do not tell anyone your PIN, your NY.gov ID or your NY.gov password. Do not write them down where they may be seen by others. Your PIN, your NY.gov ID and your NY.gov password are your electronic signatures. They are security measures that ensure that no one besides you can claim and receive your Unemployment Insurance benefits or look at your private claim information. You are responsible for safeguarding and using your PIN, NY.gov ID and NY.gov ID passwords.

The only exception is if you need a helper to file for or certify for benefits; for example, if you have a disability or language issue. If you cannot enter your own PIN or NY.gov credentials, you may have a helper enter that information for you. However, you must be with your helper when they enter your password or PIN. Note: Claimants are not required to use a helper for any services through the Department of Labor, including unemployment insurance.

Interpretive services are available at no cost. If you forget your NY.gov ID username or password or if you think someone else might know them, you can reset them at any time. Follow the directions to reset your NY.gov ID username and password at labor.ny.gov/signin or call 800-833-3000 between 8:30 a.m. and 4:30 p.m. Monday - Friday for help.

New York State Department of Labor If you filed your claim online but later wish to call the Telephone Claim Center* about your claim or claim weekly benefits by telephone using Tel-Service, you will be prompted to create a PIN. You will be asked to enter a four-number PIN and then you will be asked to confirm the PIN by entering the same four numbers again.

Important: When you set up your NY.gov ID, please be sure the email address you choose is not used by another person with an NY.gov account. An NY.gov ID can be linked to only one email address. For example, if you and your spouse share an email address and your spouse already has an NY.gov ID linked to your shared email address, you will need to use a different email address for your NY.gov ID. Be sure to use an email address that you check regularly. By signing up for online services, you agree to receive messages from us through the secure message system within your NY.gov account. When we send you a secure message, we will also send a notification to your personal email address. You must then sign into your NY.gov account to view the message.

You must check and respond to secure messages and questionnaires we may send to you through the NY.gov secure message system. You must respond to all messages, forms and letters within the timeframes noted in those messages. It is your responsibility to check your personal email and your NY.gov account to make sure you do not miss our messages. Add noreply@labor.ny.gov to your contacts to ensure our emails do not go to your junk folder.

Please Note: paper copies of secure online messages will not be mailed to you. Setting up your payment method If you applied for Unemployment Insurance online, you were asked whether you wanted to receive your benefits by direct deposit or debit card. If you applied over the phone, you will automatically receive your benefits via debit card unless you had a previous claim and you received them by direct deposit. If benefits from your previous claim were paid by direct deposit, we will continue to deposit your benefits in the bank account we have on file. If your bank account has changed, please update your information immediately by using our website. We do not issue benefits by check. Here is what you need to know about direct deposit and debit cards.

Direct deposit Direct deposit means directly depositing your benefits into your checking account. Generally, once direct deposit is established, benefits are deposited into your checking account within three business days after payments are released by the Department of Labor. You can register for direct deposit when you file a claim on our website at labor.ny.gov/signin or you can change to direct deposit when you claim weekly benefits (certify for benefits) online. Sign in to your account at labor.ny.gov/signin.

Enter your NY.gov username and password. Click the “Unemployment Services” button on the My Online Services page. Click on “Update Your Personal Information.” Click on Update/Register for Direct Deposit.” Important: You cannot register for or change to direct deposit by calling the Telephone Claims Center* or when claiming weekly benefits via phone using our Tel-Service system.

Once you have registered for direct deposit, it will remain in effect until the end of your claim, unless you change or cancel it. For your protection, if you file another Unemployment Insurance claim in the future, you will have to register for direct deposit again. If you claim weekly benefits online, you will always see information about direct deposit on your confirmation page, even if you chose to receive your payments by debit card when you filed your claim. This is so you will always have the option to start or cancel direct deposit. It also allows you to update your direct deposit information if you change banking institutions or if your banking information otherwise changes.

6 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor To register for or change to direct deposit, you will need to have a check handy. Enter the bank routing number and checking account number as shown on your check. The diagram below shows where on the check to find these numbers. Important: Do not use a checking account deposit slip for your bank’s routing number or your account number. Those slips may include numbers that do not apply to direct deposit. If your banking institution has recently merged, your bank routing number and checking account number may have changed. Contact your bank to get the new routing and account numbers before you register for direct deposit.

Note: The routing and account numbers may be in different places on your check Important: Please be sure to enter your checking account information accurately. If you don’t enter accurate information, your benefit payments may be delayed for 14 to 21 days. Also, please print a copy of the Direct Deposit Information Review page before clicking the “Submit” link. This is your only proof of the account information that you entered. You will need this proof if there are any problems with your checking account information.

After we receive your new or updated account numbers, it takes about five business days to set up direct deposit and send Unemployment Insurance benefits electronically to your checking account. This applies whether you are registering for a new account or changing existing account information. If you have a debit card, we transfer your weekly benefits to your card during this time. Once you establish direct deposit, you should verify that your benefits are in your account before you write checks against those funds.

You cannot use direct deposit if you are participating in the following programs:

• Alternate or Reemployment Trade Adjustment Allowances (ATAA/RTAA)

• Trade Readjustment Allowances (TRA), or

• Disaster Unemployment Assistance (DUA)

However, if you registered for direct deposit while you were receiving regular Unemployment Insurance benefits, it will continue while you collect under one of these programs. You can register for or change your direct deposit information online:

• Monday through Friday, 7:30 am until midnight, and

• Saturday and Sunday, all day

New York State Department of Labor Canceling direct deposit You can cancel direct deposit from your online account at labor.ny.gov/signin. Click on “Unemployment Services” on the My Online Services page. This brings you to the Unemployment Insurance Benefits Online page. Click on “Update Your Personal Information.” Click on “Update/Register for Direct Deposit.” Check the "Cancel Direct Deposit box near the bottom of the Direct Deposit Information page. We will update our records and stop the electronic transfer of your weekly benefits to your checking account.

Your weekly benefits will then be deposited to your Way2Go debit card.

• If you have never had a debit card, one will be mailed to you automatically in a plain white envelope

about seven to ten days after you claim your next week’s benefits.

• If you previously had a Way2Go debit card and it has expired or was lost, you must contact Way2Go

Program Customer Service at 844-649-9845. Debit card A Way2Go debit card is a debit MasterCard. It allows you to withdraw your benefits from an ATM (Automated Teller Machine) and make purchases wherever MasterCard is accepted. Only the Department of Labor can deposit money into the debit card account. This card will be sent to you automatically unless you sign up for direct deposit.

The debit card will be mailed to you about seven to ten days after you are approved to receive benefits. For security reasons, your debit card will arrive in a plain white envelope. Please watch for it in the mail and do not throw it away, even if you signed up for direct deposit in the meantime. When you receive your card, go to GoProgram.com or call Way2Go Program Customer Service at 844-649- 9845 promptly to activate it. Or you can download the Way2Go Card mobile app from the Apple App Store or Google Play Store and activate your card there.

As part of the activation process, you will be asked to create a PIN for your card. This PIN is a four- digit number that you enter on the keypad at ATMs and retail locations. Your debit card PIN is for a different purpose than the PIN you created when you filed your Unemployment Insurance claim, which is also a four-digit number. For security reasons, use different four-digit numbers for your debit card PIN and your Unemployment Insurance PIN.

Your debit card account balance information is not available to the Department of Labor. You can check your account balance free of charge at all Allpoint and MoneyPass ATMs, by calling Way2Go Program Customer Service at 844-649-9845, using the Way2Go card mobile app, or by going to the Way2Go Program website at GoProgram.com. You can also view your monthly statement on the Way2Go Program website and Way2Go card mobile app. You can opt-in to receiving paper statements in the mail, but the Way2Go program will charge a fee for this service.

Your debit card is valid for five years and will be used for current and potential future claims. Even if you are not currently receiving benefits, keep the card in a safe place. If you receive Unemployment Insurance benefits at a later date, the same debit card PIN you originally created will re-activate your card. If you have not used your card for five years or if you file a new claim after five years, call Way2Go Program Customer Service at 844-649-9845 to request a new card. Department of Labor staff cannot replace or request a new card for you.

Lost or stolen debit cards If you lose your debit card or it is stolen, call Way2Go Program Customer Service immediately at 844- 649-9845 to report it and to request a new card. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

8 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

Previous Year: 1st Quarter January 1 - March 31. 2nd Quarter April 1 - June 30. 3rd Quarter July 1 - September 30. 4th Quarter October 1 - December 31. Current Year: 5th Quarter January 1 - March 31. Quarter you filed for benefits April 1 - June 30.

Previous Year: Basic Base Period Wages paid to you during these four quarters make up your Basic Base Period..

Alternate Base Period Wages paid to you during these four quarters make up your Alternate Base Period..

New York State Department of Labor

4 How Much Will I Receive In

Benefits Each Week?

Use our online benefit rate calculator at labor.ny.gov/benefit-rate-calculator to provide an estimate of your weekly benefits. Note: The calculator gives an estimate only. It does not guarantee that you will be eligible for benefits or any specific amount. You must file an Unemployment Insurance claim to find out if you are eligible and learn your actual benefit amount.

Understanding your “base period” Your weekly Unemployment Insurance benefit payment amount depends on how much you were paid during a “base period.” A base period represents one year of your work and wages (four calendar quarters). Calendar quarters are the three-month blocks of time shown in the chart below. Wages paid in your base period are used to calculate your benefit rate. Wages are calculated based on the quarter of the pay date, not the pay period. Your benefit rate is the amount of money you may receive if you are eligible for a full week of Unemployment Insurance benefits.

There are two types of base periods shown in the chart below. The Basic Base Period is the first four of the last five completed calendar quarters before the quarter in which you file for benefits. If you have enough wages in your Basic Base Period, we use it when we calculate your benefit payment. How Base Periods Work Previous Year Current Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 5th Quarter January 1 - April 1 - July 1 - October 1 - January 1 - March 31 June 30 September 30 December 31 March 31 Quarter you filed for Basic Base Period benefits Wages paid to you during these four quarters make up your April 1 - Basic Base Period.

June 30 Alternate Base Period Wages paid to you during these four quarters make up your Alternate Base Period. If you do not have enough wages in your Basic Base Period, we use your Alternate Base Period to calculate your benefit payment. The Alternate Base Period is the last four completed calendar quarters before the quarter in which you file for benefits. Important: If you have enough wages in your Basic Base Period, we do not automatically check to see if your benefit rate would be higher if your Alternate Base Period is used instead. If you think your benefit payment would be higher using your Alternate Base Period, you can ask us to use your Alternate Base Period to calculate your benefit amount.

However, if you choose to use the alternate quarter wages for your current claim, you cannot use these wages again in the future. This may affect your ability to qualify for a future claim. For more information, please see “Requesting a benefit rate recalculation based on Alternate Base Period” in Chapter 4.

For all base periods, the quarter in which you file for benefits does not count as part of your base period. This means that wages paid during the quarter you filed will not be used to calculate your benefit rate. *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

New York State Department of Labor Earnings required to qualify for benefits To qualify for benefits, you must meet all three of the following earnings requirements during your base period (basic or alternate):

• You must have worked and been paid wages in jobs covered by Unemployment Insurance in at

least two calendar quarters

• For claims filed in 2025, you must have been paid at least $3,400 in one calendar quarter, and

• The total wages paid to you must be at least 1.5 times the amount paid to you in your high quarter

• Your high quarter is the quarter of your base period in which you were paid the most money.

Exception: If your high quarter wages were $11,088 or more, you must have been paid at least $5,544 (half of $11,088) total in the other three quarters of your base period. Example: Your high quarter wages were $4,000. You must have been paid at least $6,000 ($4,000 x 1.5 = $6,000) total for all four quarters of your base period.

Please Note: To be eligible for benefits, you must also have lost work through no fault of your own, be ready, willing and able to work, and be actively looking for work. How we calculate your weekly benefit rate If you were paid wages in all four quarters of your base period and your high quarter wages are:

• More than $3,575: Your benefit rate is your high quarter wages divided by 26. If this calculation is

less than $143, your benefit rate is $143.

• Example 1: Your high quarter wages are $4,030. Your weekly benefit rate is $155

($4,030 ÷ 26 = $155).

• Example 2: Your high quarter wages are $3,640. This results in a benefit rate of $140

($3,640 ÷ 26 = $140). Since this is less than $143, your benefit rate is $143.

• $3,575 or less: Your benefit rate is your high quarter wages divided by 25.

• Example: Your high quarter wages are $3,350. Your weekly benefit rate is $134

($3,350 ÷ 25 = $134). If you were paid wages in only two or three quarters of your base period and your high quarter wages are:

• More than $4,000: Your benefit rate is the average wages of your two highest quarter wages,

divided by 26. If this calculation is less than $143, your benefit rate is $143.

• Example: Your high quarter wages are $4,500 and your next highest quarter wages are $4,288,

an average of $4,394 ($4,500 + $4,288 = $8,788, $8,788 ÷ 2 = $4,394). Your benefit rate is $169 ($4,394 ÷ 26 = $169).

• $3,576 to $4,000: Your benefit amount is your high quarter wages divided by 26.

If this calculation results in less than $143, your benefit rate is $143.

• Example: Your high quarter wages are $3,640. This results in a benefit rate

of $140 ($3,640 ÷ 26 = $140). Since this is less than $143, your benefit rate is $143.

• $3,575 or less: Your benefit rate is your high quarter wages divided by 25.

• Example: Your high quarter wages are $3,350. Your weekly benefit rate is $134

($3,350 ÷ 25 = $134). *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call *To reach the Telephone Claims Center, please call 888-209-8124. TTY/TDD users: call a relay operator at (800) 662-1220 and ask the operator to call 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370. 888-783-1370. Video or other types of relay service users contact your relay operator and ask the relay operator to call 888-783-1370.

10 Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER

New York State Department of Labor Please Note: Effective the first Monday of October 2019, the maximum benefit rate increased to $504. For claims effective January 1, 2025 or later, the minimum benefit rate is $136. For claims filed in 2025, the minimum high quarter is $3,400. Once your weekly benefit payment is calculated, you will receive a Monetary Benefit Determination notice in the mail. It will tell you if you have enough wages to qualify for benefits, and if so, what your weekly benefit rate will be if we decide you are eligible. The notice will list all the employers you worked for during your base period, not just your most recent employer. It will also show the wages you were paid as reported by those employers.

You should review the Monetary Benefit Determination notice promptly to make sure it is correct. If you agree with the information shown, do not take any action. Keep the notice for your records. If any information shown on the notice is incorrect, please see the next topic “If wages and/or employers are missing from your Monetary Benefit Determination notice.” Important: The Monetary Benefit Determination does not say that you will definitely receive benefits. It simply shows whether or not you have enough earnings to qualify. There may be other reasons you don’t qualify. See Chapter 2 “Unemployment Insurance benefits eligibility”. After you receive the Monetary Benefit Determination, if we find you are eligible your benefits will start. If we find you are not eligible, you will receive another Notice of Determination in the mail that tells you why you are not eligible.