unemployment insurance claimant handbook tc318.3 (Part 2 of 4)

Important note for claimants with limited understanding of English or Spanish: At the present time, the Department of Labor is able to print Monetary Benefit Determinations in English or Spanish only. To help you understand this important notice, we have included a translation of your Monetary Benefit Determination in the back of this handbook. This document translates the information included in the Monetary Benefit Determination into the language you requested for your handbook.

Also, if you told us when you applied for benefits that you speak a language besides English or Spanish, you will receive a notice with your Monetary Benefit Determination that tells you to call the Telephone Claims Center* for help understanding the notice. A translator will be provided for free. If wages and/or employers are missing from your Monetary Benefit Determination notice If you see that wages or employers are missing from your Monetary Benefit Determination notice, complete and return the Request for Reconsideration form sent with the notice (the Request for Reconsideration form is also found at the back of this handbook). Important: This form must be received by us within 30 calendar days of the Date Mailed as stated on your most recent Monetary Benefit Determination notice.

Please tell us how much in wages you received during all four Basic Base Period quarters plus the Alternate Base Period quarter. Include proof of employment and wages, such as copies of pay stubs, for all the wages you listed on the form and for the entire time period in question. Wages include the monetary value of tips, bonuses, meals and lodging, as well as commissions and vacation pay.

If you have no proof of your wages, include them on the form anyway and tell us why you have no proof. If you were paid in cash, you should include those wages on the Request for Reconsideration form, even if you do not have pay stubs or other proof you were paid. We can investigate why your employer(s) did not report your wages to us.

We will review the new wage information you send us on the Request for Reconsideration. When this review is complete, we will send you a revised Monetary Benefit Determination notice. If you worked for an agency of the federal government, a branch of military service or outside of New York State, or if you were paid as an independent contractor, your wages may not be listed on the Monetary Benefit Determination notice. If you received any of these types of wages, complete and return the Request for Reconsideration form. Important: This form must be received by us within 30 calendar days of the Date Mailed as stated on your most recent Monetary Benefit Determination notice. This will tell us to consider these wages when calculating your benefit rate.

If you were paid as an independent contractor, please see “My employer paid me as an independent contractor, and/or paid me off the books. What do I do?” in Chapter 11. *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 Important: If your Monetary Benefit Determination shows employers you have not worked for or shows wages you were not paid, you must tell us as soon as possible by secure message. Go to 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.” Select Subject: “Benefit Rate and Monetary Determination.” Select Second Subject: "Benefit Rate/Monetary Determination-Other." In the body of the message, explain the incorrect information. Or, call the Telephone Claims Center.* Requesting a benefit rate recalculation based on Alternate Base Period If your high quarter wages are in your alternate quarter, your benefit rate may be higher using your Alternate Base Period. You can ask us to recalculate your benefit rate using your Alternate Base Period wages.

To do this, complete the Request for Alternate Base Period form TC403HA, found at dol.ny.gov/forms-and-publications, which is also included at the end of this handbook. Important: This form must be received by us within 10 calendar days of the Date Mailed as stated on your most recent Monetary Benefit Determination notice. Your Monetary Benefit Determination notice will show specific dates and wage amounts. If your wages for the alternate quarter are not shown on the Monetary Benefit Determination, enter the amount you earned in the alternate quarter on the Request for Alternate Base Period form. Include proof of your employment and wages, such as copies of pay stubs, for all the earnings you listed on the form and for the whole period in question.

Wages include the monetary value of tips, bonuses, meals and lodging as well as commissions and vacation pay. Include amounts you were paid in cash. If the wages shown on your Monetary Benefit Determination for the alternate quarter are not your high quarter wages or if your benefit rate is the maximum, do not request a recalculation. Important:

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. Workers’ compensation or volunteer firefighters’ benefits and the base period If you do not qualify for benefits using the Basic or Alternate Base Period, but you received workers’ compensation or volunteer firefighters’ benefits during the Basic Base Period, you may still qualify.

The Basic Base Period may be extended backward up to two calendar quarters, depending on the number of base period quarters in which you received these benefits. To apply for this Extended Base Period, you must complete the forms listed below. Important: This form must be received by us within 30 calendar days of the Date Mailed as stated on your most recent Monetary Benefit Determination notice.

• Workers’ compensation: Complete the Request for Reconsideration form (available at the back of

this handbook) and submit it along with a copy of your most recent SROI (Subsequent Report of Injury) form from Workers’ Compensation

• Volunteer firefighters’ benefits: Complete and submit the Request for Reconsideration form

(available at the back of this handbook) Using wages from the current calendar quarter to establish a claim If you do not qualify using any of the above base periods, but you were employed in the calendar quarter in which you filed your claim and you are still unemployed after that quarter ends, you may qualify using this most recent employment. You should apply for benefits again on or after the first Monday of the next calendar quarter. Calendar quarters begin January 1, April 1, July 1 and October 1.

*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.

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

New York State Department of Labor Requesting a benefit rate recalculation based on average weekly wage If you did not work all the weeks in the base period quarter that has your high quarter wages, using your average weekly wage may increase your benefit rate. Before you can request this recalculation, the following conditions must be met:

• You must have been found eligible for benefits using wages in your Basic, Alternate

or Extended Base Period.

• Your base period and benefit rate must be established and finalized. This information can be found

on your most recent Monetary Benefit Determination notice.

• You must have at least 20 weeks of work in your base period.

• All of your Request for Reconsideration forms must have been received and reviewed.

Your benefit rate will be calculated as one-half of your average weekly wage (one-half of total base period wages divided by total weeks worked) only if the benefit rate increase is at least five dollars more than your current benefit rate. To request this recalculation, fill out and submit the Request for Rate Based on Weeks of Employment form at the back of this handbook. Important: This form must be received by us within 10 calendar days of the Date Mailed as stated on your most recent Monetary Benefit Determination notice. You must provide proof of your employment and wages, such as pay stubs, for each week of employment. Wages include the monetary value of tips, bonuses, meals and lodging as well as commissions, vacation pay, and amounts you were paid in cash.

Wages from jobs lost due to misconduct or a criminal act cannot be used If you lose your job because of misconduct or a criminal act, any wages paid to you for that job cannot be used to establish a claim or to calculate your benefit rate. Misconduct is any act or omission which you knew was not permitted on the job and which caused or could have caused harm to the employer.

Maximum and minimum weekly benefit rate Effective the first Monday of October 2019, the maximum weekly benefit rate increased to $504. Please visit our website at labor.ny.gov for the current maximum weekly benefit rate. For claims effective January 1, 2025 or later, the minimum weekly benefit rate is $136.

*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

5 When Will I Start

Receiving Benefits?

When will I receive my first payment?

After you have filed your claim, you must certify weekly while your eligibility is under review. 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, additional information must be obtained before payment can be made so your first payment may take longer. During this time, we review and process your application, determine your weekly benefit rate and verify your employment information with your former employer(s). You will not receive benefits during this review period.

If we find you are eligible for benefits, you will receive any back weeks of benefits owed you with your first payment. During this time, there are two things you should do:

• Complete and return any questionnaires and return any phone calls you receive from the

Department of Labor right away, and

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

requirements, beginning the week immediately after you file your claim. Please see “How do I claim weekly benefits?” in Chapter 2. In addition, you must fulfill all work search and related record-keeping requirements. Please see “What are the work search requirements?” in Chapter 7. Return all questionnaires promptly If you filed your claim online, you agree to check and respond to messages and questionnaires we may send through the NY.gov secure message system and all messages, forms and letters we send you by mail. You must respond within the timeframes listed in those documents.

If you do not:

• Keep your contact information up-to-date

• Check your NY.gov secure message inbox, and/or

• Respond to our communications within the time frames listed in those documents

your benefits may be delayed, suspended or denied. If you receive a questionnaire that doesn’t seem to pertain to you, please return the questionnaire anyway. Write on the top or end of the questionnaire that you think a mistake was made and provide appropriate details. Then return it by secure message. 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 Messages section, click "Go to My Inbox." Select “Compose New.” Select Subject: "Claims Questions." Select Second Subject: "Claims Questions-Other." In the body of the message, explain why you think a mistake was made. Or, fax to the fax number or mail to the address shown on the questionnaire.

We will review and correct the mistake if appropriate. If we need more information, we will contact you by phone or secure message through your online account with us. You do not need to call the Telephone Claims 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 *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.

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

New York State Department of Labor What to do if you misplace a questionnaire You can request another copy of the questionnaire/form/letter via secure message through your online account. See “Appendix II: Sending a secure message” in Chapter 14 for instructions. Or, you can call the Telephone Claims Center. * Important: Please request a replacement promptly.

Questionnaires must be completed and returned within seven days of the date on the original questionnaire. These due dates are not adjusted, even if a replacement is issued. Waiting week for benefits The first full week you are unemployed, called a waiting week, is unpaid. You will not receive Unemployment Insurance benefits for this week, but you must be ready, willing and able to work and meet all of the eligibility requirements. You must also claim weekly benefits for this week. In addition, you must fulfill all work search and related record-keeping requirements. Please see “What are the work search requirements?” in Chapter 7.

If you work 11 hours or more or are not eligible for another reason during the first week of your claim, the unpaid waiting period will extend into the next week(s). After this waiting period, you will receive Unemployment Insurance benefits for each week that you remain unemployed, up to 26 weeks. For more information, see the definition of “Effective Day” in Chapter 12: “Glossary of important terms.” You must claim benefits each week, be ready, willing and able to work, and fulfill the work search requirements as discussed in Chapter 7: “What are the work search requirements?”

How do I know when I will start receiving benefits?

After we review your claim information we will decide if you are eligible to receive benefits. This review process usually takes two to three weeks unless additional information must be obtained before payment can be made, then it may take longer. If you are eligible, you will simply begin receiving benefits via direct deposit or debit card. You will not receive a letter stating that you are eligible before your benefits begin. To check the status of your benefit payments (payment history), go to labor.ny.gov/signin. Enter your NY.gov username and password. Click the “Unemployment Services” button on the My Online Services page and then click “View Payment History.” Or, call 888-581-5812 and follow the instructions to inquire about your benefit payment status.

If we find that you are not eligible for benefits, you will be mailed a Notice of Determination that tells you the reason(s) why. This notice will also tell you for what period of time benefits are being denied, how to re-qualify in the future and how to ask for a hearing if you disagree with the decision.

New York State Department of Labor

6 How Do I Claim Weekly Benefits?

How do I get my benefits (claim weekly benefits/certify for benefits)?

For each week you are unemployed and looking for work, you must claim weekly benefits by requesting payment using our website or Tel-Service automated phone system. This is also called certifying for benefits, because you are certifying that you were unemployed for all or part of the past week and that you met all other conditions of receiving Unemployment Insurance benefits.

Whether you choose our website or Tel-Service, the system will ask you a series of questions. Your eligibility for weekly benefits is based on your answers to the questions. Read or listen carefully to the questions and the instructions before responding. If you do not understand a question, call the Telephone Claims Center* for clarification.

Important: It is against the law to make false statements during the weekly certification process in order to receive benefits. You may be subject to interest and penalties, including the loss of benefits or even criminal prosecution. You must claim weekly benefits yourself Important: Do not give out your PIN or your NY.gov username and password. If you allow someone else to claim weekly benefits (certify for benefits) for you or access your claim online or over the Tel-Service phone system, you can be subject to severe penalties. These may include criminal prosecution and imprisonment. You may also lose up to 20 weeks of benefits. If you need help claiming weekly benefits, please see “What if I need help claiming weekly benefits?” in Chapter 6.

Claiming weekly benefits online You can claim weekly benefits (certify for benefits) on our website. Go to labor.ny.gov/signin. Enter your NY.gov username and password. Click the “Unemployment Services” button on the My Online Services page, and then click “Claim Weekly Benefits” and follow the instructions.

Note: If you have a service that makes your internet address anonymous, please turn it off when claiming weekly benefits. Otherwise, your certification may be blocked. You will need an NY.gov ID to sign up for an online account. If you already have an NY.gov ID username and password, you can use it for our system. If you do not have an NY.gov ID, follow the instructions on our website at labor.ny.gov/signin to create one. With an online account, you can claim weekly benefits, check the status of your benefit payments, print out your payment history and 1099 form, access our JobZone resource site and more. You can also use your NY.gov ID to access online services from other New York State government agencies. Important: Do not give anyone your NY.gov ID username or password or write them down where others may see them.

For help creating or using a NY.gov ID, please see the lists of illustrated directions and Frequently Asked Questions at labor.ny.gov/signin. If you have difficulties with NY.gov ID, call the Contact Center at 800-833-3000 from 8:30 a.m. to 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.

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

Sunday 10/25: Sunday 10/25. Monday 10/26. Tuesday 10/27. Wednesday 10/28. Thursday 10/29. Friday 10/30. Saturday 10/31.

New York State Department of Labor Claiming weekly benefits by phone You can also claim weekly benefits by calling our Tel-Service toll-free, automated phone system at 888-581-5812. TTY/TDD users call 877-205-3119. Video Relay Service users: contact your relay operator and ask them to call 888-783-1370. You will be asked to answer a series of questions, and then you will be asked to confirm that all of your answers are true and correct. When you say yes or press 1 to answer this question, it is the same as signing a document. This is because only you know the PIN you created when filing your claim. Important: Do not give anyone your PIN, not even a family member. Only you can claim weekly benefits.

The only exception is if you cannot enter your own PIN (for example, if you have a disability or language issue), 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.

Important: If your call is disconnected or if you hang up the telephone before you hear “Your claim has been entered for processing,” you have not completed the process of claiming weekly benefits. You will have to call again. Important: If you make a mistake when certifying for benefits, report it right away. Send us a secure message via your online account 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. See “Appendix II: Sending a secure message” in Chapter 14 for instructions. Or call the Telephone Claims Center. * When to claim weekly benefits For the purposes of Unemployment Insurance, a week runs from Monday to Sunday. You must file your claim for the previous week on the last day of that week (Sunday) through the following Saturday. This is called the claim window. Any certification made on a Sunday is for the week ending that day. See the example below using an unemployment week that begins on Monday, 10/19 and ends on Sunday, 10/25. The claim window for that week is Sunday, 10/25 to Saturday, 10/31.

Unemployment Week (Monday - Sunday)

Monday Tuesday Wednesday Thursday Friday Saturday Sunday 10/19 10/20 10/21 10/22 10/23 10/24 10/25 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 10/25 10/26 10/27 10/28 10/29 10/30 10/31

When You May Claim Weekly Benefits Online Or By

Phone For The Unemployment Week Ending On 10/25

How to request back credit for a missed week You cannot file a claim for a given week outside the claim window for that week using the online or Tel-Service system. In the above example, you cannot file a claim for the week ending 10/25 after 10/31. If you miss claiming benefits for a week during which you were unemployed, you can request credit for this week by secure message, fax or regular mail. Do not call the Telephone Claims Center* to request back credit for a week.

New York State Department of Labor You may submit a request by 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: "Request Backdating of claim/Request to claim benefits for a prior week." In the body of the message, list the weeks for which you want to request credit.

You can also fax your request to 518-457-9378 or mail it to: New York State Department of Labor PO Box 15130 Albany, NY 12212-5130 Be sure to include the beginning and ending dates of the time period for which you did not claim benefits and the reason you did not claim benefits promptly in your request. Also, include the last four digits of your Social Security number on the upper right corner.

We will review your request and decide if you are eligible to receive benefits for that time period. This review can take two to three weeks unless more information is needed, in which case may take longer. During this time, be sure to continue claiming benefits for all weeks you are unemployed and eligible for benefits. If we write or call you to request more information, please respond promptly so the review is not delayed.

Weekly Certification Questions When you claim weekly benefits, you will be asked questions about a week that began on a Monday and ended on a Sunday. Pay careful attention to the dates. Important: Please read or listen to certification questions carefully. When you submit your answers, you are legally certifying that your answers are true, complete, and correct. Your answers are checked against information provided by employers and other government agencies. If you do not answer all questions truthfully, you could lose your benefits and be charged monetary penalties.

• If you stopped claiming benefits for a week or more and then started again, you will be asked

questions about why you stopped claiming.

• During the week ending (date), did you refuse any job offer or referral?

• If you refuse a job offer or referral, we will review your claim to determine if you are still eligible to

receive benefits.

• How many days did you work, including self-employment, during the week ending (date)? As of

January 2021, the certification system will require you to convert the hours you worked in a week to days. See "What if I work part-time?" on Page 20.

• "Work" means any service you performed for a business or person. This includes work you did in

self-employment or on a freelance basis, even if you were not paid.

• If you worked on any days, you will be asked: “Excluding earnings from self-employment, did you

earn more than $504?”

• If you worked at all during the week, you must indicate if you earned more than $504 gross

before taxes. This does not include any money earned in self-employment.

• How many days were you NOT ready, willing, and able to work?

• To be ready, willing, and able to work, you must be prepared to start work immediately. You must

also be capable of working.

• If you were ready, willing and able to work every day in the week you are claiming, you would

answer “0” days.

• If you were not ready, willing, and able to work on one day, you would answer “1” day.

• If you were not ready, willing, and able to work on two days, you would answer “2” days.

• If you were not ready, willing, and able to work on three days, you would answer “3” days.

• If you were not ready, willing, and able to work on four or more days, you would answer

“4 or more” days. *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.

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

New York State Department of Labor

• How many days were you owed vacation pay, or did you receive vacation pay?

• “Vacation pay” does not include pay you received or are owed for unused vacation days simply

because your employment ended. It does include pay you received or were owed for vacation days that were scheduled before you lost your job and that fell within the week you are claiming. Note: If you received or were owed vacation pay for any day during a planned workplace shutdown, it is considered to be “vacation pay.”

• How many days were you owed holiday pay, or did you receive holiday pay?

• “Holiday pay” does not include pay you received or were owed for unused holiday credits. It does

include pay you received or were owed for holidays that fell within the week you are claiming.

• Have you returned to work?

• If you are newly back to full-time or part-time work, you must report all hours worked, even if you

have not yet received your first paycheck.

What if I need help claiming weekly benefits?

If you have a disability or have difficulty speaking or understanding English, you may have someone help you with our online services or Tel-Service. If you do not have or do not know how to use a computer, it is not considered a disability since you can still use the telephone to claim weekly benefits.

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. You are responsible for the actions of your helper.

If you are not present when your helper uses our services, it is considered fraud and you may be subject to penalties. These penalties can include forfeit days. Forfeit days are benefits that you claim in the future that you forfeit or lose as a penalty. Even if you are otherwise eligible, any claims that you file will first go toward this penalty before you can be paid. You also may have to pay back any benefits you should not have received, and you may be subject to monetary penalties.

What if I travel outside my area or outside the United States, Canada, Puerto Rico or

the Virgin Islands?

For any period that you are outside of the United States, Canada, Puerto Rico or the Virgin Islands:

• You are NOT eligible to receive benefits because you are not considered available to work (even if

you are looking for work). Do not certify that you are ready, willing, and able to work.

• Do NOT attempt to certify for benefits using the online system or Tel-Service. Your certification will

be blocked and your benefits will be held for review until it is established that you are back in the country. You will be asked to provide a copy of your itinerary and every page of your passport.

• Do NOT give your username, password, social security number, and/or PIN number to someone

else to certify on your behalf.

• Do NOT state that you were ready, willing, and able to work for any day that you were outside the

United States, Canada, Puerto Rico or the Virgin Islands. weeks of future benefits, monetary penalties, criminal prosecution and prison. *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 How do I file a claim for a week that I was partially in the country and ready, willing,

and able to work?

If you will be back in the United States, Canada, Puerto Rico or the Virgin Islands during the claim window for the week you were partially in the country, file your claim when you return. See “When to claim weekly benefits” in Chapter 6. Upon returning to your regular area in the United States, Canada, Puerto Rico, or the Virgin Islands, you must reestablish that you are ready, willing, and able to work by certifying for benefits. If you are seeking back credit for a week you could not claim while you were out of the country, you can request back credit. See “How to Request Back Credit for a Missed Week” in Chapter 6. For example, if you were ready, willing, and able to work in your local labor market from Monday to Friday, but were out of the country from Saturday to the next Sunday (more than one week), you cannot file a weekly claim as you normally would for the week you were in the country Monday to Friday. You must file a back-credit request for that week when you return to the country.

Once you return to your local labor market in the United States, Canada, Puerto Rico or the Virgin Islands, you may start certifying again using the online or phone system.

What if I work part time?

You must report all work, including part-time or temporary work. If you do not report all work when you claim weekly benefits, you may be subject to severe penalties including the loss of benefits, civil and criminal penalties and fines. As of January 18, 2021, New York State has implemented a new rule that redefines how part-time work impacts unemployment benefits. The partial unemployment system uses an “hours-based” approach. If you lost work and you are working part-time 30 hours or fewer a week and making $504 or less per week, the following guidelines apply when reporting your part-time work.

Effective August 16, 2021 and forward, claimants should refer to the following guidelines when reporting part-time work (round up to the nearest hour): 0 - 10 hours of work = 0 days worked: No reduction in weekly benefit rate 11 - 16 hours of work = 1 day worked: 75% of weekly benefit rate 17 - 21 hours of work = 2 days worked: 50% of weekly benefit rate 22 - 30 hours of work = 3 days worked: 25% of weekly benefit rate 31+ hours of work = 4 days worked: 0% of weekly benefit rate For more information, visit on.ny.gov/partialui.

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New York State Department of Labor

What is considered work?

Any activity that brings in or may bring in income at any time must be reported as work. This includes training, as well as full-time, part-time, seasonal, per diem, probationary, occasional, temporary or permanent work. Even if you were not paid, you must report this activity as work. Some examples include:

• All activity related to self-employment or freelance work, including but not limited to: writing

checks, taking phone calls, writing or responding to business correspondence, or any other tasks associated with starting or continuing a business

• On-call or as-needed work

• On-the-job training

• Job orientation

• Working for someone else

• Performing duties or favors for a friend or relative’s business

• Temporary employment

• Part-time employment

• Active duty for training with a branch of the military

• Activities involved in managing a multi-family (two or more rental apartments) rental unit

• Working as a building superintendent

• Working for tips

• An internship and/or externship

• A college work-study job

• Activities as a public/elected official

• Annual field training for the National Guard or Reserves

• Work done on a straight commission basis (considered work even if you do not get the commission

until later, no sales were made, or you receive no payment)

• A working interview, where a prospective employer asks you to work - with or without pay - to

demonstrate that you can do the job

• Activities connected with starting a business (unless you are approved for and participating in the

Department of Labor’s Self-Employment Assistance Program)

• All activity for which you receive non-monetary compensation or benefits such as lower rent, or

free or discounted goods or services You do not have to report the following types of activities as work:

• Jury duty

• Inactive duty for training with a branch of the military

• Weekly or monthly drill sessions for the National Guard or Reserves

• Any activities involved in managing a single family rental unit (for example: a two-family

home where you live upstairs and rent out the downstairs apartment, or you rent out your house) If you work a shift that continues through midnight, state that you worked on the day your shift began when you claim weekly benefits. The exception: if you work on a shift starting at 7 p.m. or later on Sunday and continue past midnight, state that you worked on Monday when you claim weekly benefits.

New York State Department of Labor You must report any and all work. All employers are required to report the fact that a person has been hired or rehired to the National Directory of New Hires. That information is shared with the federal government and the Department of Labor in order to ensure that child support obligations are paid and also to make sure that people are not working while collecting Unemployment Insurance benefits. Every time you try to claim weekly benefits, your name is cross-checked against the National Directory of New Hires. If your name appears on that Directory, you will be given instructions on how to resolve the issue. You must answer questions about your employment either online or by calling the Integrity Line, before you can claim weekly benefits. Your information will also be verified with the employer who reported you as being hired or rehired.

If you are not sure whether what you are doing is considered work, or if you make an incorrect certification for benefits, please call the Telephone Claims Center* immediately and speak to a representative. You may submit your question by 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: "Claims Questions." In the body of the message, explain what you are doing and ask if it is considered work. If you don’t contact us, you may have to repay benefits and be subject to civil penalties and the loss of future benefits.

Important: Report all work when claiming benefits. You are not eligible for benefits for any week in which you work more than 30 hours or earn more than the maximum benefit rate. 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 is going on?

The Department of Labor has received information that shows you might have been working while you certified that you were not working. This information may have come from an employer or a national database that we cross-check weekly certifications against. Sometimes the database shows that you were working even if you recently became unemployed. When this happens, the Department of Labor must confirm that you are indeed unemployed.

To resolve this, you must go to labor.ny.gov/signin and follow the steps to claim weekly Unemployment Insurance benefits. Be ready to list all the dates you have worked since the beginning of your claim. You will also need to give the names, addresses and telephone numbers for all the employers you worked for since the beginning of your claim. If you do not have access to a computer, get your work information ready and call 877-280-4541.

What if I want to start my own business?

Call the Telephone Claims Center* before you take any steps to start a business, join an existing business, reactivate a dormant business, or become any type of officer with any business. You are considered to be employed if you are operating or starting a business by yourself, with a partner or in a corporate arrangement. This includes time spent during the day, evenings or on weekends, even if no sales are made or no money is earned. Unless you are enrolled in the Self-Employment Assistance Program, business start-up activities may cause you to lose Unemployment Insurance benefits. For more information about the Self-Employment Assistance Program please see our web site at labor.ny.gov/seap and “Starting a business: the Self-Employment Assistance Program (SEAP)” in Chapter 11.

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

New York State Department of Labor

What if I am an elected official?

If you perform work, services or activities as an elected official, you are considered to be working the day you perform these duties. It does not matter what the work is, the amount of time you spent working each day, or whether or not you earned any money or any other payment. All work, even an hour or less, performed in connection with your elected office must be declared as work when you claim weekly benefits.

What if I do volunteer work?

You may be eligible for Unemployment Insurance benefits while volunteering. However, you must report the following volunteer activities as work when claiming weekly benefits:

• Volunteer work that interferes with your ability to search for a job or that affects the number of days

or hours you are available to work at a job

• Volunteer work that is a favor for a friend or relative’s business

• Volunteer work you perform at a school in exchange for tuition abatement or a scholarship

• Volunteer work you perform for a not-for-profit corporation of which you are a founder, officer or

board member

• Volunteer work for which you receive a stipend that is greater than the minimum wage

• Volunteer work which you perform as a precondition to being hired or rehired into a paid

position

• Volunteer work which you perform as part of an internship or other on-the-job

training program, and

• Volunteer work for professional licensing exams or to obtain other credentials

You do not have to report volunteer activities other than those listed above as work when claiming weekly benefits. This includes volunteer work for a charitable, religious or cultural organization. However, you must be:

• Ready, willing and able to work

• Making systematic and sustained efforts to find work

• Keeping an online or written Work Search Record for each week you claim benefits, and

• Prepared to give a copy of your Work Search Record to the Department of Labor (please see

“What are the work search requirements” in Chapter 7) If you are not sure if your volunteer work allows you to meet all of these criteria, you should 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: "Claims Questions-Other." In the body of the message, explain your volunteer work. Or, call the Telephone Claims Center* to give all details of your volunteer work before claiming benefits for that week.

New York State Department of Labor Keep your address and phone number up to date when you claim weekly benefits Unemployment Insurance mail may not be forwarded by the Post Office. Your benefits may be delayed if you do not respond to requests for information or an appointment notice that was mailed to your address on record.

You can update your mailing address or telephone number with the Department of Labor when you claim your weekly benefits online. Sign in to your online account at labor.ny.gov/signin. Click the “Unemployment Services” button on the My Online Services page. Click on “Update Your Personal Information.” Click the “Change Your Address and/or Your Phone Number” button to change your address and/or phone number.

You can also update your mailing address by sending us a secure message. 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: "Personal Information." Select Second Subject: "Address/phone number change." In the body of the message, enter your mailing address and then click "Send."

To update your mailing address or telephone number by telephone, call the Telephone Claims Center* and select the menu option “For PIN or address changes” to change your address or phone number. If you move out of New York State, you may be required to report to employment services appointments in the state where you live.

What should I do if my name changes?

You must send us a letter with legal documentation (such as a copy of a marriage certificate, certified record of divorce, certified court order, or a valid, unexpired United States passport issued in your current name) that verifies the name change and mail it to: New York State Department of Labor PO Box 15130 Albany, NY 12212-5130 You can also send a name change request via secure message through your online account 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: "Personal Information." Select Second Subject: "Address/phone number change." In the body of the message, enter your new name and explain what legal documentation you are sending. Attach a PDF of your legal documentation to your request (we prefer PDF format).

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

New York State Department of Labor

7 What Are The Work

Search Requirements?

Do I have to look for work?

Yes, you must actively look for work while you are claiming benefits. According to New York State Labor Law, you must make “systematic and sustained efforts to find work” as explained below. You must also provide proof of your work search efforts to the Department of Labor upon request. Important: You may be denied benefits if you do not make systematic and sustained efforts to find work.

What is considered systematic and sustained efforts to find work?

Systematic and sustained efforts to find work is defined as doing at least three work search activities each week that you claim benefits. You can only be excused from this requirement if you have a Work Search Plan approved by the Department of Labor or you have been designated as exempt from this work search requirement by the Department of Labor. Please see “What is a Work Search Plan?” and “Who is exempt from work search?” in Chapter 7.

• Work search activities may include, but are not limited to:

1. Using employment resources available at the local New York State Career Center, such as

• Meeting with Career Center advisors,

• Getting information from Career Center staff about jobs that may be available in a particular

industry or region (obtaining job market information),

• Working with Career Center staff to assess your skills and match them to possible occupations

and jobs (skills assessments for occupation matching),

• Participating in instructional workshops, and

• Getting job referrals and job matches from the Career Center and following up with employers.

2. Submitting a job application and/or resume to employers or former employers who may reasonably be expected to have openings 3. Attending job search seminars, scheduled career networking meetings, job fairs or workshops that offer instruction in improving skills for obtaining employment 4. Interviewing with possible employers 5. Registering with and checking in with private employment agencies, placement services, unions and placement offices of schools, colleges or universities and/or professional organizations 6. Using the telephone, business directories, internet or online job-matching systems to search for jobs, get leads, request referrals or make appointments for job interviews 7. Registering, applying, or taking job-related or pre-hire tests for a public or private employer, including civil service examinations.

8. Any other reasonable activity that may help you obtain employment

What is considered acceptable proof of my work search activities?

New York State Department of Labor You must keep an online or written Work Search Record for each week you claim benefits and be prepared to give a copy of that record to the Department of Labor if we ask for it. The record must include dates, names, addresses (mail, email, or web address) and telephone numbers of employers contacted, names and/or job titles of specific people contacted, contact methods used, position or job title applied for or a description of other work search efforts (attending job fairs or workshops,etc.). We will check the information on the form with the contacts listed. If you knowingly give us false statements about your work search activities it is considered fraud, and we can deny your Unemployment Insurance benefits.

If you choose to keep your record online, we recommend you use our JobZone website at dol.ny.gov/jobzone. It provides one place where you can safely update and store all of your work search records in a secure electronic file: safe from fire, theft or accidental loss. To access your JobZone account, simply click on the JobZone work search record link provided when you claim weekly benefits online, or go to labor.ny.gov/signin. If you already have an online Unemployment Insurance account, you have a JobZone account. If you have questions about establishing your account, please contact a New York State Career Center.

If you do not use the online Work Search Record in JobZone, we recommend you keep a record of your work search activities each week using the Work Search Record form included in this handbook. You can also keep a similar written record instead of the Work Search Record form if it includes the required information. Whatever written format you choose, include supporting documentation.

For example, if you apply for a job online, print a copy of the application or the employer’s acknowledgement of the application. If you send a resume or application by email, save a printed copy of all correspondence. You should also keep a copy of your sent mail log or the employer’s acknowledgement of the resume or application. Other examples of documentation include printouts from online search efforts, a job fair employer list, a prospective employer’s business card, etc. You can get more Work Search Record forms at a New York State Career Center, online at labor.ny.gov or in the back of this handbook.

How long must I keep my work search records?

If you did not keep your Work Search Record in JobZone, keep copies of your written Work SearchRecords for one year. If we ask to see your records, you must give us copies. Do not send your WorkSearch Record to the Department of Labor unless we ask you to. We do conduct random reviews of work search records. If our review finds you are not meeting the work search requirement, benefits will be denied and repayment may be required.

What is a Work Search Plan?

A Work Search Plan is a formal agreement that is developed and signed by you and your WorkforceAdvisor at a New York State Career Center. Not everyone will be required to develop a formal worksearch agreement. This agreement spells out in writing exactly what type(s) of work you are lookingfor, what work search activities you will do and how often you will do them, and the wages you mustseek and accept if offered a job. The plan will also address any limitations or restrictions that mayaffect your job search. You may be required to develop a formal Work Search Plan if we find that yourcurrent work search activities are not adequate, if federal programs require you to have one or if you request one. (See Mandatory Career Center Meetings below.) *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.

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

New York State Department of Labor

Who is exempt from work search?

The Department of Labor will tell you if you are exempt from the work search requirements as you file your claim. A Career Center staff member may also tell you if you are exempt. You may be exempt if you are:

• Temporarily laid off or seasonally employed and your employer has given you a written definite return-

to-work date of up to eight consecutive weeks. Your employer may provide a new return-to-work date and a written request that the Department of Labor authorize up to an additional four weeks

• A union member who must obtain work through the union. You must be in compliance with your

union’s membership and work search requirements

• Participating in a training program approved by the Department of Labor, such as those approved

under New York State Labor Law §599

• Serving on a jury

• Participating in a Department of Labor-approved Shared Work Program

• Participating in a Department of Labor-approved Self-Employment Assistance Program (SEAP)

• Covered by any exemption required by state or federal law or granted or extended by the Department

of Labor and consistent with state or federal laws, rules, regulations, or guidance.

• Accepting a bona-fide offer of employment starting within a reasonable time as determined by the

Department of Labor. What kind of work do I have to look for? Can I refuse a job because

the wages are too low?

You must look for and be ready to accept “suitable work” while you collect Unemployment Insurance benefits. Suitable work is work that you can reasonably do through past training and experience. For the first 10 full weeks you claim Unemployment Insurance benefits, suitable work means that you must look for work in all of your most recent occupations.

It is important to understand the concept of what is called the Unemployment Insurance cutoff wage. The Unemployment Insurance cutoff wage is a wage that is 10% below the Unemployment Insurance prevailing wage for a given occupation. You can find out what the Unemployment Insurance prevailing wage and cutoff wage is for a given occupation on our website at statistics.labor.ny.gov/uiwages.shtm or by checking with staff at a New York State Career Center.

If you are offered a job that pays at least the Unemployment Insurance cutoff wage for jobs in your most recent occupation, you must accept it or risk losing your benefits. If you are offered a job that does not pay at least the Unemployment Insurance cutoff wage, you can refuse it for prevailing wage reasons.

However, if you refuse a job, even if it does not meet the prevailing wage requirements or you think it is not suitable, you must still tell the Department of Labor in your weekly certification. This should be reported in the week you actually make the decision to refuse work, not the week the work would have started in.

After you have claimed 10 full weeks of Unemployment Insurance benefits, the definition of what is considered suitable work expands to include any work that you are capable of doing, even if you have weeks, you must accept it if:

• You are capable of doing the job

• It pays at least 80% of your high-quarter base-period wages, and

• It pays at least the Unemployment Insurance cutoff wage for such work

You could be disqualified from receiving Unemployment Insurance benefits if:

• You refuse a job that meets the three conditions above after you receive

10 weeks of benefits

• You do not respond to a job offer (this is the same as refusing a job)

New York State Department of Labor What if I refuse a job that meets the wage requirements as explained in the question

above, but offers fringe benefits inferior to those offered for similar jobs?

Any time you refuse a job offer, the Department of Labor must review the circumstances. In some cases, you may continue to receive Unemployment Insurance benefits, unless the job offers higher wages to compensate for the lack of or lower value of fringe benefits. If you refuse a job because of no or inferior fringe benefits, be prepared to provide additional information.

What is my local labor market area?

Generally, your local labor market area is defined as the area you can reach within one hour by private transportation or one-and-one-half hours by public transportation. You should feel free to expand your job search beyond those areas. Where used in this handbook, your local labor market area is any part of New York State and within fifty (50) miles of its borders.

How far away do I have to look for work?

You must be willing to travel a reasonable distance to get to work. Generally, reasonable distance is travel of one hour by private transportation or one-and-one-half hours by public transportation. New York State Career Centers Our New York State Career Centers offer services that will help you find a job more quickly. To find your closest New York State Career Center, go to dol.ny.gov/career-centers or call our Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m. Monday - Friday.

Services offered include:

• Resume writing and interviewing skills

• Career advice and guidance

• Skills assessments to help determine jobs you might be suited for

• Job-hunting workshops

• Information about jobs available in a particular area or industry (labor market information)

• Job referrals

• Information about training opportunities and referrals to training when appropriate

Mandatory Career Center meetings You may be required to report to a New York State Career Center. If so, you will be sent a letter with the appointment date, time and location. If you cannot attend the appointment because you are working or for another reason, call the New York State Career Center as soon as possible to reschedule. If you cannot reach a person when you call and must leave a message requesting a call back, someone should call you back within 24 hours. If you do not receive a call back within 24 hours of leaving a message, please send us a secure message through your online account.

See “Appendix II: Sending a secure message” in Chapter 14 for instructions or call again. Go to labor.ny.gov/career-center-locator to find the Career Center nearest you. *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.

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

New York State Department of Labor Career Center appointments are intended to help you find a job more quickly. For example, we may help you develop a written work search plan that addresses your specific needs. If you are likely to exhaust your benefits, you may be required to participate in other programs. We will tell you where and when these meetings or programs will be held.

You may be sent a reminder of your upcoming meeting through the NY.gov secure message system or by phone call through the NYS Higher Education phone lines, in addition to receiving a physically mailed letter.

What happens if I miss my Career Center meeting?

If you do not go to your Career Center appointment or respond to the letter, 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 do not need an appointment. You may also report by calling that Career Center and speaking with a Department of Labor staff person. Do not call the Telephone Claims Center,* as they cannot help until after you have reported to the Career Center.

If we determine that you do not have a valid reason for your missed appointment and you did not contact the Career Center by your appointment date, you will not be eligible to receive benefits for the week (the week you did not report to your appointment) and each week after until you report to the Career Center in person.

After you have visited the Career Center, you will be instructed to complete an online questionnaire which must be submitted within 48 hours. Complete this questionnaire at the Career Center for faster submission and review. We will review the questionnaire to determine your eligibility for benefits for the period you did not report.

Your benefits will be held from the week of your missed appointment until the week you reported to the Career Center. If we find that you do not have a valid reason for missing your appointment, you will not be eligible to receive payment for the held weeks. Continue to certify weekly while your benefits are on hold for each week you are unemployed and meet the eligibility requirements.

Note: If you have accepted a job offer with a future start date, contact your Career Center as you will need to show them proof of the offer and the start date. The Career Center will advise you if you can be excused from the appointment.

What if I am physically unable to seek or accept work?

You must be physically able to work to be eligible for Unemployment Insurance benefits. If you become ill or disabled while receiving Unemployment Insurance benefits or are temporarily unable to search for or accept work for other reasons, and you have questions about your eligibility for benefits, contact us at labor.ny.gov/signin or call the Telephone Claims Center* right away. You may be eligible to continue to collect benefits once you are able to work again. If you claim weekly benefits, you must report all days that you were not able to work. If you were scheduled to work but called in sick due to illness, you must report that you were not ready, willing and able to work on that day when you certify for benefits. If you were unable to work for four or more days in a week you will not be eligible for benefits and do not need to claim that week. Please see “What if I work part time?” in Chapter 6.

New York State Department of Labor

What if I am unable to seek or accept work because I was called for jury duty?

If you are called to jury duty, you will not be denied benefits. This is true if you are called to a grand or trial jury of any state of the United States. You will be considered ready, willing and able to work while serving on jury duty. In addition, you may not have to meet the work search requirements for any week that you have jury duty. Contact the Telephone Claims Center* for more information.

Does pregnancy affect my benefits?

Under federal and state law, you cannot be denied Unemployment Insurance benefits simply because you are pregnant. The Department of Labor cannot discriminate based on pregnancy. However, the same eligibility rules that apply to all other claimants also apply to pregnant claimants: they must be available for work, they must be physically able to work and they must be looking for work.

You do not have to tell us about your pregnancy unless it affects your ability to work. If you are unable to work because of health reasons related to pregnancy or childbirth, you are not eligible to claim Unemployment Insurance benefits for those days or weeks. For example, being hospitalized to give birth affects your ability to work. You cannot claim benefits for the period of time you are in the hospital and are unable to work. Before you can resume receiving benefits, we may request medical clearance that states you are able to work after being hospitalized (this would also be the case if you were hospitalized for any other reason).

Sometimes an employer tells the Telephone Claims Center* that a claimant quit, took a leave of absence or was fired because of pregnancy. We must verify that information with you. However, if you left your last job voluntarily, even though you were physically able to continue working, you may not be eligible for benefits.

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

New York State Department of Labor

8 Overpayments And Fraud

What is an overpayment?

An overpayment occurs when you receive Unemployment Insurance benefits that you were not entitled to. This could occur for a number of reasons, for example: you made a mistake when claiming weekly benefits, you were not ready, willing and able to work, you did not complete the required work search activities for a week or weeks, or you knowingly gave us false or misleading information when filing a claim or claiming weekly benefits.

What is willful misrepresentation?

Willful misrepresentation occurs when you knowingly and purposely make a false statement in order to get Unemployment Insurance benefits. This includes knowingly and purposely withholding information. Important: Willful misrepresentation is fraud. If you willfully make a false statement or representation to get benefits, you may:

• Be required to pay back the overpayment

• Be assessed “forfeit days,” which are benefits that you claim in the future that you forfeit or lose as

a penalty (see Glossary), and

• Be charged $100 or a 15 percent (whichever is higher) monetary penalty on the full amount of the

overpaid benefits. This is charged in addition to any benefits that must be repaid (see Glossary).

What happens if I do not pay back an overpayment or monetary penalty?

If you do not pay back an overpayment of benefits that you received fraudulently, the Department of Labor may obtain a judgment against you to collect the overpayment(s). Failure to repay any benefits that you received because you withheld information or gave false information to the Department of Labor may result in the Department of Labor taking legal action to file a judgment against you. Once entered, a judgment is good and can be used against you for 20 years and your money, including a portion of your paycheck and/or bank account, may be taken.

Also, a judgment will hurt your credit score and can affect your ability to rent a home, find a job or take out a loan. 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 refunds 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.

If you owe a monetary penalty, you can only pay it by check or money order. We cannot withhold future benefits to pay monetary penalties. If you cannot repay the entire overpayment, you can request a payment plan by calling 800-533-6600. *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

What should I do if I receive an overpayment determination?

If you have been overpaid, you will receive a written Notice of Determination in the mail. This Notice will:

• Show the amount of the overpayment and tell you how to pay it back

• Show any monetary and forfeit penalties

• Explain how the overpayment happened and why it has to be repaid

If you receive an overpayment determination, you should follow the repayment instructions on the notice. If you disagree with the overpayment determination, you have the right to request a hearing. Please see “Hearing and Appeal Process” in Chapter 10 for more information. If you request a hearing, collection activity on the overpayment will be suspended until the hearing is complete and a decision is issued.

Overpayments made by other state or federal programs If you received benefits that you should not have received from another state or federal program, the Department of Labor must deduct repayment from your Unemployment Insurance benefits. DISCLAIMER: The Department of Labor can go back an unlimited number of years to collect overpayments if we determine that you worked and collected benefits at the same time 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 paystubs.