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
FORMS
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
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
Arabic
Bengali
Chinese
French
Greek
Haitian Creole
Hindi
Italian
Japanese
Korean
Polish
Russian
Spanish
Urdu
Yiddish
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 Ocers 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
III
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.
Contact Us
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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
*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.
IV
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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
V
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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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
*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.
VI
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 oers 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
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
VII
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.
Introduction to Unemployment Insurance
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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
*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.
VIII
• 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 eective January 1, 2024 or later, the minimum benefit
rate is $132.
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 aects 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
IX
• 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 aect 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 oset.” 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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
*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.
X
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 sta 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 aect 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 oense can result in fine or imprisonment.
About personal integrity and Unemployment Insurance
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
XI
The ten most common issues that will negatively aect your benefits
Here are the ten most common things claimants do that negatively aect 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 “o 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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
*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.
XII
To claim weekly Unemployment Insurance benefits (certify for benefits) or check the status of
benefit payments: .................................................................................................................................... III
To apply for benefits (file a claim) or ask specific questions about your claim: ............... III
To create or use an NY.gov ID: ........................................................................................................... III
To change your address or phone number .................................................................................. IV
Debit card assistance – Way2Go Program Customer Service: ............................................ IV
To register for direct deposit............................................................................................................... IV
To change your tax withholding ........................................................................................................ IV
To obtain your 1099-G form: ............................................................................................................... IV
To find a Career Center ........................................................................................................................ IV
To report unemployment insurance fraud...................................................................................... V
To report a mistake you made when claiming weekly benefits ............................................ V
To correct employer or wage information on your Monetary Benefit Determination ... V
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) ............................................................................................ V
To request back credit for a missed week ..................................................................................... V
To ask the Department of Labor about your availability status when you leave the country or
leave your local labor market. ............................................................................................................ VI
To find my Benefit Year Ending date ............................................................................................... VI
To request a record of my unemployment insurance payments (Payment History) ..... VI
To request a hearing .............................................................................................................................. VI
More Resources: ..................................................................................................................................... VI
Overview ................................................................................................................................................... VII
Claiming and receiving weekly benefits ....................................................................................... VII
Unemployment Insurance and work ............................................................................................. VIII
How to avoid fraud ............................................................................................................................... VIII
Protecting your right to benefits ....................................................................................................... IX
About Unemployment Insurance fraud ........................................................................................... X
The ten most common issues that will negatively aect your benefits ............................. XI
Table of Contents
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
XIII
1 What is Unemployment Insurance? ...........................................................................1
2 Unemployment Insurance benefits eligibility ........................................................2
Requirements to receive benefits ......................................................................................................2
Reasons you could be denied benefits ...........................................................................................2
3 Receiving your benefits: Your PIN, NY.gov ID,
direct deposit and the debit card ............................................................................. 5
Setting up your Personal Identification Number (PIN) ...............................................................5
Setting up your NY.gov ID .....................................................................................................................5
Setting up your payment method ......................................................................................................6
Direct deposit .............................................................................................................................................6
Canceling direct deposit ........................................................................................................................8
Debit card ...................................................................................................................................................8
Lost or stolen debit cards .....................................................................................................................8
4 How much will I receive in benefits each week? ..................................................9
Understanding your “base period” ................................................................................................... 9
Earnings required to qualify for benefits ........................................................................................10
How we calculate your weekly benefit rate ................................................................................. 10
If wages and/or employers are missing from your Monetary Benefit
Determination notice .............................................................................................................................. 11
Requesting a benefit rate recalculation based on Alternate Base Period ...................... 12
Workers’ compensation or volunteer firefighters’ benefits and the base period .......... 12
Using wages from the current calendar quarter to establish a claim ................................. 12
Requesting a benefit rate recalculation based on average weekly wage ....................... 13
Wages from jobs lost due to misconduct or a criminal act cannot be used .................... 13
Maximum and minimum weekly benefit rate ............................................................................... 13
5 When will I start receiving benefits? ...................................................................... 14
When will I receive my first payment? ........................................................................................... 14
Return all questionnaires promptly .................................................................................................. 14
What to do if you misplace a questionnaire ................................................................................. 15
Waiting week for benefits .................................................................................................................... 15
How do I know when I will start receiving benefits? .................................................................15
6 How do I claim weekly benefits? ........................................................................... 16
How do I get my benefits (claim weekly benefits/certify for benefits)? ............................. 16
You must claim weekly benefits yourself .....................................................................................16
Claiming weekly benefits online ....................................................................................................... 16
Claiming weekly benefits by phone .................................................................................................17
When to claim weekly benefits ..........................................................................................................17
Weekly Certification Questions ......................................................................................................... 18
What if I need help claiming weekly benefits? ........................................................................... 19
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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
*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.
XIV
What if I travel outside my area or outside the United States, Canada, Puerto Rico or
the Virgin Islands? ..................................................................................................................................19
How do I file a claim for a week that I was partially in the country and ready, willing,
and able to work? .................................................................................................................................20
What if I work part time? ......................................................................................................................20
What is considered work? ................................................................................................................... 21
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? ..................................................................................................................................22
What if I want to start my own business? ...................................................................................... 22
What if I am an elected ocial? ........................................................................................................23
What if I do volunteer work? ..............................................................................................................23
Keep your address and phone number up to date when you claim weekly benefits 24
What should I do if my name changes? ....................................................................................... 24
7 What are the work search requirements? ............................................................ 25
Do I have to look for work? ................................................................................................................ 25
What is considered systematic and sustained eorts to find work? ................................25
What is considered acceptable proof of my work search activities? .................................26
How long must I keep my work search records? ...................................................................... 26
What is a Work Search Plan? .............................................................................................................26
Who is exempt from work search? .................................................................................................. 27
What kind of work do I have to look for? Can I refuse a job because
the wages are too low? ....................................................................................................................... 27
What if I refuse a job that meets the wage requirements as explained in the question
above, but oers fringe benefits inferior to those oered for similar jobs? ....................28
What is my local labor market area? ...............................................................................................28
How far away do I have to look for work? ....................................................................................28
New York State Career Centers ....................................................................................................... 28
Mandatory Career Center meetings ..............................................................................................28
What happens if I miss my Career Center meeting? ..............................................................29
What if I am physically unable to seek or accept work? ......................................................... 29
What if I am unable to seek or accept work because I was called for jury duty? .........30
Does pregnancy aect my benefits? .............................................................................................30
8 Overpayments and fraud ........................................................................................ 31
What is an overpayment? .................................................................................................................... 31
What is willful misrepresentation? .................................................................................................... 31
What happens if I do not pay back an overpayment or monetary penalty? ................... 31
What should I do if I receive an overpayment determination? .............................................32
Overpayments made by other state or federal programs .....................................................32
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
XV
9 What should I do when I return to work? ..............................................................33
What should I do when I return to work full time? ..................................................................... 33
What if I return to work and then become unemployed again? .......................................... 33
10 Hearing and Appeal Process ................................................................................34
Can I appeal a determination about my claim? .......................................................................... 34
How do I request a hearing? ............................................................................................................. 34
What should I expect after I request a hearing? ........................................................................ 35
What happens to my benefits while my hearing is being scheduled? ............................ 35
What if my employer requests a hearing?....................................................................................35
May I have representation at hearings? ........................................................................................36
How can I prepare for a hearing? .................................................................................................... 37
Review and obtain a copy of your case file ................................................................................. 37
What happens if I miss the hearing? ............................................................................................... 37
Phone Numbers — Hearing Oces:
......................................................................................................................................................................38
How and when will I receive the judge’s decision? ..................................................................38
How do I further appeal if I disagree with the judge’s decision? .........................................38
How do I further appeal if I disagree with the Appeal Board’s decision? ........................39
11 Special situations .................................................................................................. 40
What if I have a question about my benefits? ............................................................................. 40
What if I think my benefits are late? Also, how do I check my payment history and/or
payment status? .....................................................................................................................................40
My benefits have stopped. What is going on? ...........................................................................40
If I receive dismissal or severance pay, will it aect my benefits? ........................................ 41
If I lose my full-time work and have a part-time job on the side,
do I have to keep the part-time job? .............................................................................................. 41
Can I use military service to establish a claim? ...........................................................................42
How does military reserve training aect my existing claim? ...............................................42
What if I work for an educational institution? ...............................................................................42
Does receiving a pension aect my benefits? ...........................................................................42
Does receiving Social Security aect my benefits?.................................................................. 43
Does receiving workers’ compensation aect my benefits? ................................................ 43
Can I go to school or training while receiving benefits? ......................................................... 43
What if I am in the New York State Registered Apprenticeship Program? ...................... 44
Starting a business: The Self-Employment Assistance Program (SEAP) .......................... 44
I lost my job due to international trade.
What is Trade Adjustment Assistance (TAA)? ............................................................................. 44
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
XVI
It’s unlikely I’ll be able to find another job in my old industry or occupation.
What are “dislocated worker” services? .......................................................................................45
What if I did not work in New York State in the last 18 months?...........................................46
What if I worked in New York State and one or
more other states in the last 18 months? ......................................................................................46
Unemployment Insurance benefits are taxable .......................................................................46
Year-end tax statement (Form 1099-G) ..........................................................................................46
My employer paid me as an independent contractor and/or
paid me o the books. What do I do? ............................................................................................ 47
I exhausted my 26 weeks of benefits. Can I extend my benefits? ..................................... 47
How do I get proof that I am receiving or have received Unemployment benefits? . 47
12 Glossary of important terms ................................................................................ 48
13 Appendix I: Claimant
Advocate Oce ...................................................................................................... 52
Helping claimants understand their rights and responsibilities throughout the
Unemployment Insurance process.................................................................................................52
What issues can the Claimant Advocate Oce assist with?.................................................52
The Claimant Advocate Oce cannot: .........................................................................................52
When should I contact the Telephone Claims Center (TCC)
instead of the Claimant Advocate Oce? ...................................................................................53
Contact the Claimant Advocate Oce ........................................................................................53
14 Appendix II: Sending a secure message ............................................................ 54
15 Appendix III: Online filing terms and conditions ............................................... 55
17 Forms ....................................................................................................................... 59
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
1
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
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
2
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 sta person.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
3
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 o (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 o 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 o 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
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
4
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 oered
• 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 oer 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.”
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
5
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 dierent 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 oered 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 diculty 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.
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.
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 oense. 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.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
6
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 dierent 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 eect 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
7
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 dierent 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
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
8
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 dierent purpose than the PIN you created when you filed your Unemployment Insurance claim,
which is also a four-digit number. For security reasons, use dierent 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
sta 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
9
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.
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 aect 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.
Alternate Base Period
Wages paid to you during these four quarters make up your
Alternate Base Period.
Basic Base Period
Wages paid to you during these four quarters make up your
Basic Base Period.
2nd Quarter
April 1 -
June 30
Previous Year Current Year
Quarter you
filed for
benefits
April 1 -
June 30
1st Quarter
January 1 -
March 31
5th Quarter
January 1 -
March 31
3rd Quarter
July 1 -
September 30
4th Quarter
October 1 -
December 31
How Base Periods Work
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
10
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 2024, you must have been paid at least $3,300 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).
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
11
Please Note: Eective the first Monday of October 2019, the maximum benefit rate increased
to $504. For claims eective January 1, 2024 or later, the minimum benefit rate is $132. For claims
filed in 2024, the minimum high quarter is $3,300.
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.
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 o the books. What do I do?”
in Chapter 11.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
12
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 aect 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
13
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
Eective 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
eective January 1, 2024 or later, the minimum weekly benefit rate is $132.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
14
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. *
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
15
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 “Eective 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
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
16
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 o 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 diculties with NY.gov ID, call the Contact Center
at 800-833-3000 from 8:30 a.m. to 4:30 p.m. Monday - Friday.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
17
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.
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.
Monday
10/19
Tuesday
10/20
Wednesday
10/21
Thursday
10/22
Friday
10/23
Saturday
10/24
Sunday
10/25
Sunday
10/25
Monday
10/26
Tuesday
10/27
Wednesday
10/28
Thursday
10/29
Friday
10/30
Saturday
10/31
UNEMPLOYMENT WEEK MONDAY SUNDAY
WHEN YOU MAY CLAIM WEEKLY BENEFITS ONLINE OR BY
PHONE FOR THE UNEMPLOYMENT WEEK ENDING ON 10/25
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
18
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 oer or referral?
• If you refuse a job oer 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
19
• 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 diculty 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.
Any of the above actions can lead to severe penalties, including overpayment, a loss of up to 20
weeks of future benefits, monetary penalties, criminal prosecution and prison.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
20
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.
Eective 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
21
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 ocial
• 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
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
22
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 ocer 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.
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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
23
What if I am an elected ocial?
If you perform work, services or activities as an elected ocial, 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 oce 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 aects 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, ocer 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 eorts 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
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
24
Keep your address and phone number up to date when you claim weekly benefits
Unemployment Insurance mail may not be forwarded by the Post Oce. 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).
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
25
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 eorts to find work” as explained below.
You must also provide proof of your work search eorts to the Department of Labor upon request.
Important: You may be denied benefits if you do not make systematic and sustained eorts to
find work.
What is considered systematic and sustained eorts to find work?
Systematic and sustained eorts 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 sta about jobs that may be available in a particular
industry or region (obtaining job market information),
• Working with Career Center sta 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 oer 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 oces 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
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
26
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 eorts (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 eorts, 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 oered a job. The plan will also address any limitations or restrictions that
mayaect 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.)
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
27
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 sta member may also tell you if you are exempt. You may be exempt if
you are:
• Temporarily laid o 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 oer 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 cuto wage.
The Unemployment Insurance cuto 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 cuto wage is for a given occupation on our website at statistics.labor.ny.gov/uiwages.shtm
or by checking with sta at a New York State Career Center.
If you are oered a job that pays at least the Unemployment Insurance cuto wage for jobs in your most
recent occupation, you must accept it or risk losing your benefits. If you are oered a job that does not
pay at least the Unemployment Insurance cuto 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
no experience or training in that type of work. If you are oered a job after claiming benefits for 10
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 cuto 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 oer (this is the same as refusing a job)
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
28
What if I refuse a job that meets the wage requirements as explained in the question
above, but oers fringe benefits inferior to those oered for similar jobs?
Any time you refuse a job oer, the Department of Labor must review the circumstances. In some
cases, you may continue to receive Unemployment Insurance benefits, unless the job oers 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 oer 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 oered 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
29
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 sta 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 oer with a future start date, contact your Career Center as you will
need to show them proof of the oer 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
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
30
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 aect 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 aects 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 aects 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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
31
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 aect 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 oset.” 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.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
32
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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
33
9 WHAT SHOULD I DO WHEN
I RETURN TO WORK?
What should I do when I return to work full time?
When you get a job, you must report all days worked when claiming weekly benefits, 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.
What if I return to work and then become unemployed again?
If all three of the following conditions apply to you:
• Your benefit year has not ended,
• You have not received 104 days of benefits (this equals 26 full weeks of benefits), and
• It has been at least one week since the last week you claimed benefits
Then you may simply start claiming benefits again. If you need help claiming benefits, please see
“How do I claim weekly benefits?” in Chapter 6.
If you do not know when your benefit year ends, you can find this date on your Monetary Benefit
Determination or in your online 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 the
“View Payment History” button on the Unemployment Insurance Benefits Online page.
Important: If you begin claiming benefits again, after not claiming benefits for one or more weeks,
you may receive a form online or in the mail requesting information about the period of time you
were not claiming benefits. The Department of Labor will hold your benefits until you return the
form. If the Department needs more information to decide whether you are eligible for benefits, your
benefits may be held for two to three weeks or longer.
Complete this form in its entirety and send it back as soon as possible. If you don’t fill out the form
completely or if you don’t send it back promptly, your benefits may be delayed, suspended or denied.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
34
10 HEARING AND APPEAL PROCESS
Can I appeal a determination about my claim?
For the purposes of the Unemployment Insurance program, a determination is the formal name for a
decision the Department of Labor makes concerning your claim. It is important to read, understand
and keep any notice you receive from us that has “determination” in its title, including the back page.
If you disagree with any determination that denies you benefits or aects the amount of benefits
you can receive, you have the right to request a hearing. The hearing will be held before an impartial
Administrative Law Judge of the Unemployment Insurance Appeal Board.
How do I request a hearing?
To request a hearing online, go to labor.ny.gov/signin and sign in to your NY.gov account. Choose
“Go to My Online Forms.” Under the “Forms Available for Filing” menu on the left, choose the
“Claimant Request for Hearing” form. Please fill out the form completely and submit it.
If you do not have an online account with us, please see “Receiving your benefits: Your PIN, NY.gov
ID, direct deposit and the debit card” in Chapter 3 for instructions on how to set one up.
You may also make your request by filling out the Claimant Request for Hearing form in the back of
this handbook, or by writing a letter. Fax your request to 518-457-9378, or mail it to:
New York State Department of Labor
PO Box 15131
Albany, NY 12212-5131
Important: Your online, fax, or mail request must be postmarked or otherwise proven to have been
filed within 30 days after the mailing or personal delivery of the determination. Without proof to
the contrary, a determination shall be deemed to have been mailed on the date recited on it and
received by the party to whom it is addressed no later than five business days after the date on
which it is mailed. If your hearing request is late, you may lose your right to be heard on the merits of
the case. Keep notes and any records that show the date and time you submitted your request.
In your request, include:
• Your full name
• The last four digits of your Social Security number
• Your current mailing address and telephone number
• The mail date of the determination
• A detailed explanation of why you believe the determination is incorrect
• Any dates that you are not available to appear at a hearing, including for religious observance
• Any special needs or accommodations you may require at the hearing
• If you or your witnesses have a disability or need of any kind, arrangements will be made to make
sure all parties can participate in the hearing
If you have any documents that support your statements, attach and send them with your
hearing request.
If you request a hearing after the 30-day deadline, you should explain the reason your request is late.
It will be discussed at your hearing.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
35
What should I expect after I request a hearing?
The Department of Labor will review your hearing request. We may contact you for more information
and make a new determination. Respond immediately to any calls or messages from the Department.
Failure to respond may lead to a new determination based only on the available information.
If a new determination is made in your favor, you may not have to appear at a hearing. If a new
determination is not in your favor, you may have to request a hearing again.
If there is no change to the original determination, a hearing will be scheduled before an impartial
Administrative Law Judge. Hearings are generally held between 15 to 30 days after you made your
request. A Notice of Hearing will be mailed to you 14 days before the scheduled hearing.
Important: While we review your hearing request, you must continue to claim weekly unemployment
benefits for any period you are unemployed and seeking benefits. If you are found eligible, you will
receive any benefits that you claimed.
What happens to my benefits while my hearing is being scheduled?
Benefits may be withheld while you wait for the hearing. If the Administrative Law Judge decides in
your favor, any benefits due to you will be paid retroactively (after the fact), as long as you have
continued to claim weekly benefits (certify for benefits) each week that you are still unemployed or
are working 30 hours or less and making the maximum benefit rate or less.
How will I know when my hearing is scheduled?
The Administrative Law Judge Section of the Unemployment Insurance Appeal Board will notify you
of the time and place of your hearing by sending you a Notice of Hearing. Please note that hearings
may be conducted in person or by telephone. If your hearing is scheduled to be done over the
telephone, you must ensure that the phone number listed on your hearing notice is correct. If you
find an error, you should contact the hearing oce listed on your notice immediately to make the
necessary corrections or your hearing may not go forward. If you need to reschedule your hearing,
contact the oce shown on the hearing notice.
Important: Read the entire Notice of Hearing carefully, front and back, including special instructions
for what documents or witnesses to produce at the hearing. You may also fax additional documents
that support your case to the hearing oce listed on your Hearing Notice prior to the hearing. Watch
the video “How Can I Prepare for a Hearing?” on the Appeal Board’s website at uiappeals.ny.gov.
What if my employer requests a hearing?
Any of the employers listed on your claim may request a hearing if they believe your job ended due
to a disqualifying reason, such as:
• You quit your job without good cause
• You were fired due to misconduct
IMPORTANT: If you ask for a hearing or are waiting for a hearing or a decision, you must claim
benefits each week. This will allow you to receive retroactive benefits if the hearing decision is in
your favor. When claiming weekly benefits, you must report all hours you worked 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. If you do not claim weekly benefits
during this time, you may lose your right to receive benefits for these weeks.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
36
When this happens, the Department of Labor must review the employer’s hearing request, and if
necessary, conduct further investigation.
We may contact you for more information and make a new determination. Respond immediately to
any calls or messages from the Department. Failure to respond may lead to a new determination
based only on the available information.
If a new determination is not in your favor, your eligibility may be stopped, or your benefit rate may be
reduced. You may also have to repay benefits that you received if we determine that you made false
statements or withheld information to obtain benefits.
If there is no change to the original determination, a hearing will be scheduled before an impartial
Administrative Law Judge. Hearings are generally held between 15 to 30 days after the employer
makes the request. A Notice of Hearing will be mailed to you 14 days before the scheduled hearing.
You will continue to receive benefits during the hearing process as long as you continue to meet the
eligibility requirements. It is very important that you attend any scheduled hearings to protect your
benefit rights and continued eligibility. If you do not appear, the hearing may continue without you.
The Administrative Law Judge may decide the case without considering your side of the story. If the
decision is not in your favor, your eligibility may be stopped, or your benefit rate may be reduced. You
may also have to repay benefits that you received if we determine that you made false statements or
withheld information to obtain benefits.
IMPORTANT: While we review the employer’s hearing request, you must continue to claim weekly
benefits for any period you are unemployed and seeking benefits.
If you missed the hearing requested by your employer and received a decision stopping your
eligibility, you may write a letter requesting to reopen the hearing so that you can present your side
of the story. See “What happens if I miss the hearing?” in Chapter 10 for further instruction. Before
the next hearing, get a copy of the case file as soon as possible and listen to the recording of the
hearing(s) that you missed. See “Review and obtain a copy of your case file” in Chapter 10 for
further instruction.
May I have representation at hearings?
You have the right to bring an attorney or other representative of your choice with you to the
hearing, though it is not required. Under the law, any attorney or a representative registered with
the Unemployment Insurance Appeal Board may charge a fee for representing you. Important:
This fee can only be charged if you win your case, including any appeal. You cannot be charged
a fee for services until the amount of the fee has been approved by the Unemployment Insurance
Appeal Board. Both you and your attorney or registered representative will receive a letter from the
Appeal Board notifying you of any fee approval. If you have won your hearing and receive a bill for
services that has not been approved by the Appeal Board, you should contact the Appeal Board at
518-402-0205.
If you cannot aord to pay an attorney or a registered representative, you may be able to get free
representation from an attorney who does not charge a fee or from a free legal services program.
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.
Most representatives will want to see the case file before oering services, so make sure you obtain
a copy to consult with legal service providers. See “Review and obtain a copy of your case file”
in Chapter 10.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
37
How can I prepare for a hearing?
Go to the Unemployment Insurance Appeal Board website at uiappeals.ny.gov and watch the video
“Preparing for your Unemployment Insurance Hearing.”
At the hearing, you may testify and present witnesses and documents. Witnesses may appear by
phone, so if your witnesses cannot appear in person advise them to be available by phone at the
time of the hearing and provide their phone numbers to the judge. If you cannot get necessary
evidence, you may ask the Administrative Law Judge to issue a subpoena to direct the person or
company who has the evidence to bring it in. You will be allowed to question opposing parties and
witnesses at the hearing.
Before the hearing, you will get a detailed informational pamphlet that more fully describes the
hearing procedure and your rights. If you have any questions that are not covered in the notice,
contact the Appeal Board hearing oce listed on the Notice of Hearing or contact the Claimant
Advocate Oce.
The Claimant Advocate Oce can be reached by phone at 855-528-5618 from Monday to Friday,
9 AM to 4 PM. You may also send a secure message (English only): Log in at labor.ny.gov/signin. On
the My Online Services page, in the Messages section, click "Go to My Inbox." and choose “Compose
New.” Select "UI Claimant Advocate Oce" for the subject line. See “Claimant Advocate Oce” in
Chapter 13, Appendix I.
Review and obtain a copy of your case file
The case file includes documents that the Administrative Law Judge will use during the hearing. It
also includes important documents that were used in reaching the determination, and may include
a recording of any previous hearings. If you have a phone hearing, the case file will be mailed to you
along with the hearing notice. If you have an in-person hearing, you have the right to view and copy
your case file and listen to any recordings at the hearing site before the hearing. Bring your hearing
notice to the hearing site well in advance of the hearing and request to view and/or copy the case
file. If you have financial diculty, you may fill out a waiver and request a free copy. If you are looking
for legal representation, it is important to have your case file ready so that an attorney can review
your case.
What happens if I miss the hearing?
It is very important that you appear at all scheduled hearings whether you or the employer asked for
the hearing. If you fail to appear, you may ask to reopen the case. Fax or mail your written request
to the Administrative Law Judge oce address on the top of the first page of the decision notice as
soon as possible. Make sure to include the case number, your current mailing address and telephone
number, and the reason you did not appear in your request. You can find your case number on
your hearing notice, at the top center of the page, or on your hearing decision notice, at the top left.
Attach any documentation that explains why you did not attend the hearing. Please list any dates
in the next 45 days on which you are not available for a hearing. The Appeal Board will do its best
to accommodate your schedule. Do not request a reopening of your case if you are not ready to
proceed with a new hearing.
At the next scheduled hearing, the Judge will first take testimony on whether you had good cause
for not appearing or proceeding at the prior hearing. The Judge will decide the other issues in the
decision only if you had good cause for missing the prior hearing.
If you fail to appear at the hearing to reopen, and make another request for a hearing, the case will
not be automatically rescheduled. Instead, your request to reopen will be referred to the Appeal
Board. The Board will review the application based on documents in the file and grant another
hearing only if it determines that your failure to appear at both prior hearings was for good cause or
if, in its discretion, the Board orders another hearing to consider the question of good cause.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
38
How and when will I receive the judge’s decision?
You should receive the Administrative Law Judge’s decision by mail soon after the hearing date.
If you do not, you should call the hearing oce where you had your hearing (the phone number
is on the Notice of Hearing). The decision will show the facts found by the Administrative Law
Judge based on the evidence, the reasons for the findings, the reasons why those findings lead
to the result and the decision itself. If you cannot understand the decision, call the Telephone
Claims Center* or the Claimant Advocate Oce at 855-528-5618 to have it explained to you.
How do I further appeal if I disagree with the judge’s decision?
You, the employer and the Commissioner of Labor have the right to appeal an Administrative
Law Judge’s decision to the Unemployment Insurance Appeal Board. The notice telling you the
Administrative Law Judge’s decision will also explain how to file an appeal with the Unemployment
Insurance Appeal Board. Hearing Oce Phone Number: 518-402-0205.
In order to appeal, you must have appeared before the Administrative Law Judge. Only the
Commissioner of Labor may appeal without appearing at the hearing.
You may send your appeal to the Unemployment Insurance Appeal Board at
Unemployment Insurance Appeal Board
PO Box 15126
Albany, NY 12212-5126
or by fax to 518-402-6208. Your letter or fax must include the Administrative Law Judge Case
Number (listed on the decision above your name).
Important: Appeals must be filed with the Appeal Board within 20 days after the Administrative
Law Judge’s decision is mailed to you. After you appeal, you will receive a Notice of Receipt of
Appeal. It will explain your rights and the time limits for you to request the transcript of your hearing,
submit a written statement and reply to statements submitted by other parties. These time limits
will be strictly enforced. Therefore, you should read the Notice of Receipt of Appeal promptly and
very carefully.
If you appeal more than 20 days after the date the Administrative Law Judge decision was mailed,
you must explain why your appeal is late. You will receive a letter confirming receipt of your appeal;
however, all late appeals must be reviewed by the Appeal Board. If the reason for your late appeal
is accepted, you will receive a Notice of Receipt of Appeal with the instructions listed above. If the
reason for your late appeal is not accepted, you will receive a letter telling you that.
If you plan to appeal or are waiting for an appeal decision, protect your right to benefits. Continue to
follow any instructions received from the Telephone Claims Center.* Important: You must still claim
weekly benefits (certify for benefits) for each week that you are unemployed or working 30 hours
or less and making the maximum benefit rate or less, even if you are not receiving benefits. This
will allow you to receive retroactive benefits if the appeal decision is in your favor.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
39
How do I further appeal if I disagree with the Appeal Board’s decision?
If you disagree with the Unemployment Insurance Appeal Board’s decision, you may file a Request
for Reconsideration of the decision and/or you may further appeal to the Appellate Division of the
New York State Supreme Court, Third Department. The employer or the Commissioner of Labor may
do the same.
Requests for Reconsideration and Appeals to the Supreme Court must be filed with the Appeal Board
in writing within 30 days after the Appeal Board’s decision is mailed to you. Mail your appeal to:
Unemployment Insurance Appeal Board
PO Box 15126
Albany, NY 12212-5126
The Appeal Board will then send you a notice with instructions on how to proceed with your Request
for Reconsideration and/or appeal to the State Supreme Court.
If you plan to appeal to the State Supreme Court or are waiting for a decision from the Court, protect
your right to benefits. Continue to follow any instructions received from the Telephone Claims
Center.* Important: You must still claim weekly benefits (certify for benefits) for each week that
you are unemployed or working 30 hours or less and making the maximum benefit rate or less,
even if you are not receiving benefits. This will allow you to receive retroactive benefits if the appeal
decision is in your favor.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
40
11 SPECIAL SITUATIONS
What if I have a question about my benefits?
First, check this claimant handbook. You can also check the FAQs (Frequently Asked Questions) on
our website at dol.ny.gov/claimant-frequently-asked-questions.
Next, you can also send us a secure message from your online account. Sign in to your account at
labor.ny.gov/signin. 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 question.
You may also call the Telephone Claims Center,* but please be aware that Monday and the day after
a public holiday are the busiest days for phone calls so wait times may be longer. The rest of the
week is less busy.
What if I think my benefits are late? Also, how do I check my payment history and/or
payment status?
To check the status of your benefits and for a complete record of your Unemployment Insurance
benefit payments, sign in to your online account at labor.ny.gov/signin. On the My Online Services
page, click on “Unemployment Services,” then “View Payment History.”
You can also call our Tel-Service automated telephone service at 888-581-5812. Follow the prompts
to check your payment history and payment status. TTY/TDD users call 877-205-3119. Video Relay
Service users, contact your relay operator and ask the relay operator to call 888-783-1370.
Important: After we determine that you are eligible, it generally takes three business days for
benefit payments to appear on your debit card or in your bank account via direct deposit after
they are released. If three days have passed since a payment was released and the funds are not
in your account, you should contact Way2Go Program Customer Service at 844-649-9845 if you
have a debit card. If you have direct deposit, contact your bank. If there is a holiday in a given week,
payments may be delayed by one day that week.
If you have a question about your claim or payments, call the Telephone Claims Center.*
I was unable to file my claim during the first week I became unemployed.
Can I backdate my claim?
If you would like to request backdating of your claim to the first week you became unemployed, you
must call the Telephone Claims Center* and speak with an agent. You must be prepared to explain
why you were unable to file your claim during the first week you became unemployed. We will review
your reasons and let you know if we can backdate the claim. Depending on your reasons, we may be
able to backdate your claim for one week
My benefits have stopped. What is going on?
Most likely, either you missed a work search appointment (please see ”What happens if I miss
my work search meeting?” in Chapter 7) or the Department of Labor received information that
may aect your eligibility for benefits. That information may have come from a former employer, a
questionnaire you returned, or you may have tried to certify for benefits from outside the United
States (please see “What if I travel outside my area or outside the country?” in Chapter 6). When
this happens, we are required to investigate and your benefits may be held for up to ten (10) days.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
41
The Department may continue to withhold benefits if a determination stopping benefits has been
issued. If you have had benefits stopped for more than ten (10) days and have not received a
determination, please contact us 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 that you have had benefits stopped for more than 10 days and you
have not received a determination. Or, call the Telephone Claims Center.*
Important: While the investigation continues, please continue to claim weekly benefits as long as
you are unemployed and meet the eligibility requirements.
If I receive dismissal or severance pay, will it aect my benefits?
Dismissal or severance pay may aect your eligibility to receive benefits. You may be eligible
for Unemployment Insurance if the weekly payments of dismissal or severance are less than the
maximum benefit rate. You must notify the Telephone Claims Center* if you receive or will receive
dismissal or severance pay. If you do not, you may receive an overpayment, which you will need to
pay back. You also may be subject to other penalties.
You will not be eligible for benefits if:
• You receive weekly dismissal or severance payments that are greater than the maximum weekly
benefit rate, or
• Your employer gave you a lump sum payment and the weekly pro-rated amount of the payment is
greater than the maximum weekly benefit rate
You may be eligible to collect benefits if:
• The weekly amount of dismissal or severance pay is less than or equal to the maximum weekly
benefit rate, or
• You receive your first dismissal or severance payment more than 30 days after the last day
you worked
If you are found ineligible because you received dismissal or severance pay and you are still
unemployed when your dismissal or severance pay ends, you should file a new claim for benefits.
You should do this even if you are not sure if you have enough earnings, or if you filed a claim when
you started receiving dismissal or severance pay. We will determine if you are eligible for benefits.
If I lose my full-time work and have a part-time job on the side, do I have to keep the
part-time job?
This question can arise for people who work two jobs, such as a full-time job and a part-time side
job that pays less than the main job. If they lose their main job, their earnings from the part-time job
can be less than they would receive in Unemployment Insurance benefits for the days they work at
the side job. Their income is actually reduced for continuing to work the side job while they receive
Unemployment Insurance benefits.
Under New York’s Unemployment Insurance law, you may be found eligible to receive benefits if
you quit the side job due to financial hardship. However, the Department of Labor must investigate
whether you had good cause to quit your side/part-time job. This may temporarily stop your benefits
and possibly lead to a determination that is not in your favor. You must be prepared to show the
Department of Labor your income and expenses.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
42
Can I use military service to establish a claim?
You may be able to use recent military service to establish a claim if you meet certain conditions. If
your service was within the past 18 months, call the Telephone Claims Center* for more information.
If you have not done so already, mail a copy of your most recent separation Form DD214, Member 4 to:
New York State Department of Labor
PO Box 15130
Albany, NY 12212-5130
Wages earned while in the reserves can be used to establish a claim if a reservist has 180 consecutive
days of active duty service.
How does military reserve training aect my existing claim?
Members of the state Army National Guard or reserves of the Army, Navy, Air Force, Marine Corps
or Coast Guard are not eligible to receive Unemployment Insurance benefits while in annual field
training. You are considered both unavailable for work and not totally unemployed. However, your
monthly drill sessions do not aect eligibility for your full weekly benefit amount. Be sure you have
mailed in Form DD214, Member 4 to the address shown above.
What if I work for an educational institution?
If you are an employee of an educational institution, you are not eligible for benefits when school is
not in session if your employer has given you reasonable assurance that you will be employed and
paid in a similar manner once school is back in session. You have reasonable assurance if:
• You have a contract to continue working after a school vacation, holiday recess or break
between terms.
• Your employer has informed you in good faith that you are likely to continue working and being
paid in a similar manner after the vacation, recess or break.
You could be eligible for benefits if you have wages from other, non-educational employment during
the same period of time.
If you were not oered similar work by the educational institution for the new term or year, you may
be eligible to get benefits. While we review your claim, you must continue to claim weekly benefits
(certify for benefits) each week during the period of your unemployment, even if you are not getting
benefit payments. See “How Do I Claim Weekly Benefits?” in Chapter 6.
Note: Reasonable assurance does not apply to you if you work in an educational institution but your
employer is a contractor that provides services to the educational institution.
Does receiving a pension aect my benefits?
If you have retired and are not looking for work, you are not eligible for Unemployment Insurance
benefits. If you retired from a job and are actively looking for other work, you may be eligible for
Unemployment Insurance benefits. You must meet the same conditions as all other claimants.
Your benefits will be reduced by 100 percent of the amount of the pension if your base period
employer contributed to it, even if you also contributed to the pension. If you were the sole
contributor to the pension, your benefits will not be reduced.
The Department of Labor will determine if your benefits must be reduced. You may request a hearing
if you disagree. Please see “Hearing and Appeal Process” in Chapter 10.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
43
If you become eligible for a pension while receiving Unemployment Insurance benefits, you
must notify the Telephone Claims Center.* Important: If you don’t notify us, you may receive an
overpayment which you will need to pay back. If we find that you acted fraudulently, you may also
forfeit future days of benefits and be subject to monetary penalties.
Does receiving Social Security aect my benefits?
Collecting Social Security will not aect your Unemployment Insurance benefits. However, you
must be available for and looking for work with no restrictions while collecting benefits, just like all
other claimants.
Does receiving workers’ compensation aect my benefits?
If you are receiving workers’ compensation but you are available and physically able to perform
work, you may be eligible for Unemployment Insurance benefits. However, receiving workers’
compensation benefits may cause your weekly Unemployment Insurance benefit rate to be reduced.
The total weekly amount of your workers’ compensation and Unemployment Insurance benefits
cannot be more than the average weekly wage you earned during your base period.
If you are able to return to work, be prepared to send us a copy of your most recent Subsequent
Report of Injury (SROI) filing. A paper copy should have been mailed to you. Or, you can print it out
from your workers’ compensation electronic case folder. Please also be prepared to send us a note
signed by your doctor that says you are able to return to work.
You must notify the Telephone Claims Center* about any workers’ compensation benefits you
receive during the same weeks you collect Unemployment Insurance benefits. Important: If you do
not notify us, you may receive an overpayment which you will need to pay back. The Department
of Labor will determine if your benefits must be reduced. You may request a hearing if you disagree.
Please see “Hearing and Appeal Process” in Chapter 10.
Can I go to school or training while receiving benefits?
You may be able to participate in an education or training program while collecting benefits if you
are accepted into the 599 Program. The 599 Program is a special provision in the Unemployment
Insurance (UI) Law that makes it possible for UI recipients to collect benefits while they attend
training. If your training is approved under this program, you are not required to look for work. The
599 Program does not pay for tuition or other school-related expenses.
Training programs must meet certain eligibility requirements to be approved. If your training is
approved under the 599 Program, you may be eligible for up to an extra 26 weeks of UI benefits – in
addition to your 26 weeks of regular UI benefits. Important: You must apply for the 599 Program
within the first 13 weeks of your claim to receive maximum benefits. A delay in notifying the
Department of Labor about your training may result in a reduction of any extra benefits that may
be available to you. If you fail to tell us that you are in training while you are collecting benefits, you
may be subject to penalties and you could lose future benefits. Funding for additional benefits is not
always available. If funds are not available, it is possible that you will not receive any extra benefits
and these benefits could stop before you finish your training.
You must submit a 599 application to the Department of Labor as soon as you are accepted into a
school or training facility. Important: Notify the Department of Labor as soon as you are enrolled
in training. If you indicated that you are attending or will attend a training program when you filed
your claim, you must submit a training application immediately to the Department of Labor to the
address provided on the application. You may request an application or obtain general information
by contacting the 599 Central Review Unit at 518-402-0189.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
44
If you are interested in attending training and have not yet enrolled, you should contact your local
New York State Career Center as soon as possible. Trained counselors at the Career Center
will assist you with your training needs and provide you information about training programs in
your area. To find the nearest Career Center, please view the online Career Center locator at
dol.ny.gov/career-centers If you do not have a high school diploma, you may be eligible to get a high
school equivalency degree while receiving Unemployment Insurance. If you have limited English
skills, you may also be approved to attend English as a Second Language class training. Contact a
New York State Career Center for more information.
What if I am in the New York State Registered Apprenticeship Program?
If you are in a New York State Registered Apprenticeship Program and are attending
Apprenticeship training while claiming Unemployment Insurance benefits, you must tell the
Telephone Claims Center* that your training is a requirement of your Apprenticeship Agreement
(Form AT401) for the Registered Apprenticeship Program.
If you are interested in participating in a Registered Apprenticeship Program, contact your
local Apprenticeship oce for more information. For a listing of Apprenticeship oces, go to
labor.ny.gov/apprenticeship/contactus.shtm.
Starting a business: The Self-Employment Assistance Program (SEAP)
The Self-Employment Assistance Program, or SEAP, allows you to start and operate your own
business while collecting up to 26 weeks of Unemployment Insurance benefits. You do not have
to look for other work while participating in the SEAP program, but you must work full time on your
business. Important: To be eligible for this program, you must be identified by us as likely to
exhaust your Unemployment Insurance benefits before finding work. In addition, you must have 13
or more weeks of benefits left on your claim when you apply for the SEAP. You must meet program
eligibility requirements and receive written acceptance from the Department of Labor into the SEAP
before you can start or operate your own business while collecting benefits.
For more information about the SEAP, go to labor.ny.gov/seap or contact a New York State Career
Center. To find your closest New York State Career Center, go to labor.ny.gov/career-center-locator,
or call the Department of Labor Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m.
Monday - Friday.
I lost my job due to international trade. What is Trade Adjustment Assistance (TAA)?
If you were laid o due to a lack of work either directly or indirectly because of international trade,
you may be eligible for the federal Trade Adjustment Assistance program, or TAA for short. TAA
assistance may include:
• Paid training: The TAA program pays for training in order to upgrade skills so that you may gain
suitable employment. Allowable types of training include: classroom, distance/online, post-
secondary, apprenticeship, GED preparation, remedial, prerequisite and on-the-job training.
• Help finding and training for a new job: This can include assessing your skills, career counseling,
help with resume writing and interview skills, job referrals and more.
• Transportation and subsistence payments can help you pay for transportation and living costs
when attending training outside your commuting area.
• Job search allowances can reimburse 90% of travel expenses to job interviews outside your
commuting area.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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.
45
• Relocation allowances can help pay 90% of moving expenses for you and your family if you move
outside your commuting area for a new job.
• Trade Readjustment Allowances (TRA) This weekly allowance is payable after you have exhausted
your Unemployment Insurance, while in full-time, TAA-approved training.
• Reemployment Trade Adjustment Allowances (RTAA) provides a wage supplement for up to two
years, for those who are aged 50 and over and are re-employed at annual wages of $50,000 or
less. This benefit helps bridge any salary gap between your old and your new job.
Important: You must meet certain deadlines to qualify for some of these benefits.
To be eligible for these benefits, the United States Department of Labor must certify that foreign
trade was an important reason that you lost your job. A petition must be filed to receive this
certification. The petition can be filed by:
• A group of three co workers from the same firm at the same job location
• A union ocial
• A company ocial
• A representative of a state or local agency at a New York State Career Center
You can get a petition form and filing instructions online at dol.gov/agencies/eta/tradeact/petitioners.
The petition must be filed with the United States Department of Labor within one year of the date you
lost your job. Once a valid petition is received by the United States Department of Labor, a decision
should be made within 40 days.
For more detailed information about assistance and services you may be eligible for under
this program, contact a New York State Career Center. To find the closest Career Center, go to
dol.ny.gov/career-centers or call the New York State Department of Labor Contact Center at
888-469-7365 between 8:30 a.m. and 4:30 p.m. Monday - Friday.
It’s unlikely I’ll be able to find another job in my old industry or occupation. What are
“dislocated worker” services?
A “dislocated worker” is someone who lost their job due to one of the following situations:
• You were terminated or laid o from your job, are eligible for Unemployment Insurance benefits and
are identified by us as unlikely to return to your previous industry or occupation
• You lost your job as a result of a plant closing or substantial layo
• You have been unemployed for a long time and are unlikely to get another job in the same or
similar occupation
• You were self-employed and are unemployed due to general economic conditions or a natural
disaster, or
• You are a spouse of a member of the Armed Forces on active duty who has experienced a loss of
employment as a direct result of relocation to accommodate a permanent change in duty station of
such member
You may also be considered a dislocated worker if you have been away from the labor force for many
years. For example: you were a full-time homemaker and you must now return to the labor force
because you have lost your source of income.
As a dislocated worker, you may be eligible for retraining and other services. Contact a New York
State Career Center for information about services available under this program. To find your
closest New York State Career Center, go to dol.ny.gov/career-centers or call the New York State
Department of Labor Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m
Monday - Friday.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
46
What if I did not work in New York State in the last 18 months?
If you have not worked in New York State in the last 18 months, you must file your claim with one of
the states where you worked. Check the other state’s website to find out how to file in that state.
What if I worked in New York State and one or more other states in the last 18 months?
If you worked in New York State and one or more other states in the last 18 months, notify the
Department of Labor as soon as possible. By using wages from other states, you may have enough
wages to qualify monetarily for benefits or receive a higher benefit amount. If wages from other
states are missing from your Monetary Benefit Determination, complete and submit the Request for
Reconsideration form at the back of this handbook.
Unemployment Insurance benefits are taxable
Unemployment Insurance benefits are subject to federal, New York State and local taxes. You can
have federal and/or state tax withheld from your Unemployment Insurance benefits. If you do not, you
may end up owing taxes at the end of the year. If you decide to have federal tax withheld, ten percent
of your weekly benefit amount will be withheld. If you decide to have state tax withheld, 2.5 percent
of your weekly benefit amount will be withheld. Federal and/or state tax will be withheld only after
any mandatory deductions, such as child support payments, are made. Tax withholding is voluntary.
You can stop or start the withholding at any time through 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 the ‘Update Your Personal Information’ button on the Unemployment Insurance
Benefits Online page. Click the ‘Update Tax Withholding’ page. Or, you can call the Telephone Claims
Center.* The Department of Labor cannot return any money withheld for taxes to you.
Year-end tax statement (Form 1099-G)
In early January, your tax statement (Form 1099-G) will be available. It will show the total
Unemployment Insurance benefits paid to you during the calendar year and any taxes withheld. You
can either print it out from your online 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 the
‘Get Your NYS 1099-G’ button on the Unemployment Insurance Benefits Online page. Or, you can
call the Telephone Claims Center* (after you select your language, follow the prompts to obtain your
1099 form) to have a copy mailed to you. You will need the PIN you established when you filed your
claim. Form 1099-G information is also sent to the federal Internal Revenue Service and to the New
York State Department of Taxation and Finance. If you need a copy of 1099-G forms from previous
claim years, call 518-485-7071.
If you have questions about federal taxes, call the Internal Revenue Service (IRS) at 800-829-1040 or
visit irs.gov. If you have questions about state taxes, call the New York State Department of Taxation
and Finance at 518-457-5181 or visit tax.ny.gov.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
47
My employer paid me as an independent contractor and/or paid me o the books.
What do I do?
It is against the law for any employer to force you to give up your rights to file for Unemployment
Insurance benefits. No employer should tell you that you cannot claim benefits. Everyone has a right
to file a claim. The Department of Labor will decide if you are eligible for benefits. It does not matter
whether your employer considered you an independent contractor or an o-the-books worker. It
does not matter whether you were paid in cash, check, part cash/part check or otherwise. If you think
you may be eligible for benefits, you should apply and let the Department review your case.
If you have been misclassified as an independent contractor or paid o the books, your wages may
not appear on your Monetary Benefit Determination form. Please see “If wages and/or employers
are missing from your Monetary Benefit Determination notice” in Chapter 4. Complete and return
the Request for Reconsideration form found at the back of this handbook.
You may receive a questionnaire to fill out or you may be contacted by the Telephone Claims Center*
about your employee classification status. Complete and return any questionnaires you receive as
soon as possible. Please Note: Independent contractor/o-the-books payment issues can take more
than six weeks to resolve.
If you know of other workers who have been misclassified, call the Employer Fraud Hotline at
866-435-1499 (24 hours) or the Unemployment Insurance Fraud Unit at 518-485-2144
from 8 a.m. to 4 p.m. Monday - Friday. We will keep your information private and you can
remain anonymous.
I exhausted my 26 weeks of benefits. Can I extend my benefits?
Currently, Unemployment Insurance oers a maximum of 26 weeks of benefits. There are no
exceptions. Congress has not extended the program. If you are still unemployed and want to know
what other benefits may be available to you, visit the mybenefits.ny.gov website. After your benefit
year ends, if you are still unemployed, you may file another claim to see if you are eligible.
How do I get proof that I am receiving or have received Unemployment benefits?
If you are applying for other types of government benefits, you may be required to show proof that
you are receiving or have received Unemployment Insurance benefits. To obtain these records,
sign in to your online account at labor.ny.gov/signin. On the My Online Services page, click on
“Unemployment Services,” then “View Payment History.” If you do not have online access, call
888-581-5812 and then follow the prompts to check your payment history
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
48
12 GLOSSARY OF IMPORTANT TERMS
Base Period: A base period represents one year of your work and wages (four calendar quarters).
You must have been paid a minimum amount of wages in these four quarters in order to qualify for
Unemployment Insurance benefits.
Basic Base Period: The first four of the last five completed calendar quarters before you file for
benefits. The quarter in which you file for benefits does not count as part of your base period.
Alternate Base Period: The last four completed calendar quarters immediately before you file
for benefits. The quarter in which you file for benefits does not count as part of the Alternate
Base Period.
Extended Base Period: Your Basic Base Period, plus the one or two quarters preceding it, make
up your Extended Base Period. Available only to claimants who received workers compensation
or volunteer firefighters’ benefits and who do not qualify on the basis of earnings in their Basic or
Alternate Base Periods.
Benefit Rate: The benefit rate is the amount of money you receive if you are eligible for a full week
of Unemployment Insurance benefits. It is calculated based on your base period employment
and earnings.
Benefit Year: The benefit year is the one-year period that begins the Monday after the week you
filed your original claim. You can be paid benefits for up to 26 weeks or the equivalent during your
benefit year. If you remain unemployed or become unemployed during the week immediately
following the end of your benefit year, you must file a new claim immediately following the end of
your benefit year.
Benefit Year Ending Date: The benefit year ending date is the date your Unemployment Insurance
claim ends. After the benefit year ending date, you can no longer collect Unemployment Insurance
benefits on that claim. Your benefit year ending date is shown on documents that we mail to you. You
can also find it through your online account at labor.ny.gov/signin. If you were employed for part of
your benefit year, but are unemployed after the benefit year ending date, you can file a new claim on
our website or by calling the Telephone Claims Center.*
Certifying for Benefits: The process of claiming weekly benefits is also called certifying for benefits.
This is because when you answer the questions that are part of claiming weekly benefits, you are
certifying to the Department of Labor that your answers are true and correct and that you are still
ready, willing and able to work.
Civil Penalty: The monetary penalty for willfully (knowingly) making false statements or withholding
relevant facts to receive benefits. The amount is $100 or 15% of the overpayment amount whichever
is greater. See “Monetary Penalty.”
Claim: Your claim is your application for Unemployment Insurance benefits. If we approve your
application and you are receiving benefits, we will also refer to your open Unemployment Insurance
case as your claim.
Claimant: Any person seeking Unemployment Insurance benefits.
Covered Employment: Employment that can be used to establish a claim for Unemployment
Insurance benefits. The law requires most employers to provide Unemployment Insurance coverage.
The employer pays contributions to New York State, which are used to pay your benefits. There are
a few types of work that are not covered by Unemployment Insurance. If your work was not covered,
the Department of Labor will tell you so in a letter.
Determination: For the purposes of the Unemployment Insurance program, a determination is the
formal name for a decision the Department of Labor makes concerning your claim. For example,
the Monetary Benefit Determination form tells you our decision about how much you may receive in
benefits each week. An eligibility determination tells you if you are eligible for benefits. It is important
to read, understand and keep any notice you receive from us that has “determination” in its title.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
49
Dislocated Worker: A dislocated worker is someone who lost their job due to one of the following
situations:
• You were terminated or laid o from your job, are eligible for Unemployment Insurance benefits and
are identified by us as unlikely to return to your previous industry or occupation
• You lost your job as a result of a plant closing or substantial layo
• You have been unemployed for a long time and are unlikely to get another job in the same or
similar occupation, or
• You were self-employed and are unemployed due to general economic conditions or a natural
disaster
You may also be considered a dislocated worker if you have been away from the labor force for a
substantial number of years.
Eective Day: Each day in a week (Monday through Sunday) that you qualify for benefits is called an
eective day. There is a maximum of four eective days each week, and you must qualify for all four
eective days in order to receive your total weekly benefit rate. For each day in the week that you
are not eligible to receive benefits, you will receive one less eective day, which is equivalent to one
fourth of your weekly benefit rate.
Hours worked in a week Number of days we
consider you to have worked
Percent of weekly benefit rate
for which you are eligible
0-10 0 100%
11-16 1 75%
17-21 2 50%
22-30 3 25%
31 or more 4 0%
599 Program: A program that allows you to attend school or training while receiving Unemployment
Insurance benefits. You must notify the Department of Labor as soon as you are enrolled
in training.
File a claim: When you make an initial application for Unemployment Insurance benefits. This is not
the same as a weekly certification for benefits (see definition of “Certifying for Benefits” above). In
order to file a claim online you must set up an NY.gov account at labor.ny.gov/signin.
Forfeit Days: Forfeit days are future benefits you may claim that you forfeit or lose as a penalty. Each
forfeit day equals one eective day (see above). Even if you are otherwise eligible, any claims that
you file will first go toward this penalty before you can be paid. Forfeit days can only be applied to
claims that are actually filed and can cross over multiple benefit years. The penalty remains in eect
until you have served all of your forfeit days or until the expiration date, whichever comes first.
Fraud: An act of deceiving or misrepresenting. For example, certifying that you were not working
when in fact you were working in order to receive Unemployment Insurance benefits.
Local Labor Market Area: 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.
Misconduct: 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.
Monetary Benefit Determination: A notice that shows whether or not you have enough wages to
qualify for benefits. It shows your base period, benefit rate (if any) and employers and wages used to
calculate the benefit rate. Important: The Monetary Benefit Determination does not tell you if you
are eligible for Unemployment Insurance benefits. It simply shows if you have enough wages to
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
50
qualify for a benefit rate. There may be other factors that determine whether or not you are eligible
for benefits.
Monetary Penalty: A monetary penalty is charged if we have determined that you willfully
(knowingly) made false statements or concealed relevant facts to receive benefits. The penalty is
$100 or 15% of the overpayment amount, whichever is greater, and is charged in addition to any
benefits that must be repaid. See “Civil Penalty.”
Notice of Determination: A determination is the formal name for a decision the Department of Labor
makes concerning your claim. It is an important document and provides you with a right to a hearing
if you disagree.
Overpayment: An overpayment occurs when you receive Unemployment Insurance benefits that you
were not entitled to. In most cases, overpayments must be repaid to the Department of Labor. If you
chose to have federal and/or state tax withheld from your benefits, you must repay the withheld amount
as well.
Ready, willing and able: When filing for Unemployment Insurance benefits, you must be prepared to
take a job right away, even at a moment’s notice. You must also be able to work (not sick, hospitalized
or unable to get child care). Every week, you must verify that you were ready, willing and able to work.
Reasonable Assurance: If you are an employee of an educational institution, you are not eligible for
benefits when school is not in session if your employer has given you reasonable assurance that you
will be employed and paid in a similar manner once school is back in session. You will have reasonable
assurance if:
• You have a contract to continue working after a school vacation, holiday recess, or break between
terms
• Your employer has informed you in good faith that you are likely to continue working in a similar
manner after the vacation, recess, or break
You could be eligible for benefits if you have wages from other, non-educational employment
during the same period of time. Note: Reasonable assurance does not apply to you if you work
in an educational institution but your employer is a contractor that provides services to the
educational institution.
Self-Employment Assistance Program (SEAP): The Self-Employment Assistance Program allows certain
unemployed people to start their own businesses while collecting Unemployment Insurance benefits. To be
eligible for this program, you must be identified by the Department of Labor as likely to exhaust benefits.
You must also have 13 or more weeks of benefits left on your claim. You must request and receive written
acceptance into the SEAP program from the Department of Labor before you can start or operate your own
business while collecting benefits. If you are accepted into the SEAP, you will be able to work full time to
start and run your business while collecting Unemployment Insurance benefits, even if you earn money from
your business. For more information about the SEAP, go to labor.ny.gov/seap or contact a New York State
Career Center. To find your closest New York State Career Center, go to dol.ny.gov/career-centers or call the
Department of Labor Contact Center at 888-469-7365 between 8:30 a.m. and 4:30 p.m. Monday - Friday.
TAA Program: The Trade Adjustment Assistance (Trade Act) program is a federal program that provides
special benefits and services to workers who have lost their jobs as a result of foreign trade. Contact
a New York State Career Center for more information. To find your closest New York State Career
Center, go to
dol.ny.gov/career-centers
or call the Department of Labor Contact Center at 888-469-7365
between 8:30 a.m. and 4:30 p.m. Monday - Friday.
Telephone Claims Center: The oce of the Department of Labor that handles Unemployment
Insurance claims. The duties of Department of Labor employees who work at the Telephone
Claims Center (TCC) include receiving claims, answering questions from claimants and employers,
identifying possible issues with claims, obtaining information necessary to decide a legal issue and
making decisions on the legal issue.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
51
Unemployment Insurance Cuto Wage (UI Cuto Wage): A wage that is 10 percent below the
Unemployment Insurance prevailing wage for a given occupation.
Unemployment Insurance Prevailing Wage: The prevailing wage is the pay rate for similar jobs
in a given area as determined by a survey done by the Department of Labor. Important: The
Unemployment Insurance prevailing wage is to be used for Unemployment Insurance purposes only.
It is not to be used for prevailing wages for Public Work or Foreign Labor Certification purposes, for
example. To find the Unemployment Insurance prevailing wage for a given occupation, please go to
statistics.labor.ny.gov/uiwages.shtm or check with a New York State Career Center.
Week of Employment: A Monday-through-Sunday time period in which you were paid wages for
work in covered employment.
Waiting Period or Week: The first full week you claim benefits is a waiting period or week. You will
not receive Unemployment Insurance benefits for this week. After this waiting week, you will receive
Unemployment Insurance for each week that you claim weekly benefits.
You must be ready, willing and able to work during this waiting week, just like any other week for
which you want to receive Unemployment Insurance benefits. In addition, you must fulfill all work
search and related record-keeping requirements. For more information, please see “What are the
work search requirements?” in Chapter 7.
If you work 11 hours or more during the first week of your claim or do not serve a full waiting week
for other reasons, the waiting period will extend into the next week(s). A full waiting week is four
eective days. See “Eective Day.”
Week Ending Date: The week ending date is the Sunday of the week for which you are
claiming benefits.
Willful Misrepresentation: When someone makes statements to the Department of Labor that they
knew were false.
Work Search Plan: A Work Search Plan is a formal agreement that is developed and signed by you
and your Workforce Advisor at a New York State Career Center. This agreement spells out in writing
exactly what type of work you are looking for, what work search activities you will do and how often
you will do them, and the wages you must seek and accept if oered a job. The plan will also address
any limitations or restrictions that may aect your job search. To find your closest New York State
Career Center, go to
dol.ny.gov/career-centers
or call the Department of Labor Contact Center at
888-469-7365 between 8:30 a.m. and 4:30 p.m. Monday - Friday.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
52
13 APPENDIX I: CLAIMANT
ADVOCATE OFFICE
Helping claimants understand their rights and responsibilities throughout the
Unemployment Insurance process
The Claimant Advocate Oce operates within the Department of Labor’s Unemployment Insurance
Division, separate from the Telephone Claims Center (TCC). Advocates provide free, impartial and
confidential services that help claimants, particularly those with limited English proficiency or other
barriers, understand their rights and responsibilities under Unemployment Insurance law.
We empower claimants through knowledge. Often, a diculty you are experiencing is something you
can resolve yourself, but you may not know where to start. That’s where we come in.
We take time with each person to ensure you fully understand what is happening and we strive to
give you a complete understanding of how the process works.
What issues can the Claimant Advocate Oce assist with?
• You’ve received a determination or a questionnaire and don’t fully understand it
• You were found ineligible for benefits and need guidance on the hearing process
• You have an upcoming hearing or appeal and need help preparing for it
• It has been more than six weeks since you filed your claim and you have not received benefits or a
determination
The Claimant Advocate Oce cannot:
• Provide legal representation
• Expedite a claim that is within the standard review period
• Make a determination about your eligibility
• Influence the outcome of a claim
• Pay benefits
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
53
When should I contact the Telephone Claims Center (TCC) instead of the Claimant
Advocate Oce?
• You wish to file a new claim
• You would like an update on the status of your new or existing claim
• You have a specific question about your claim or weekly benefits
• You were instructed to contact the Telephone Claims Center
Contact the Claimant Advocate Oce
Hours of Operation: Monday - Friday, 9 a.m. to 4 p.m.
Call toll-free: 855-528-5618
Services are available in approximately 200 languages by phone.
When you call, please have:
• Your Social Security number
• A list of questions, and
• Any related documents
You may also send us a secure message (English only): Log in at labor.ny.gov/signin. On the My
Online Services page, in the Messages section, click "Go to My Inbox." and choose “Compose New.”
Select the “UI Claimant Advocate Oce” for the subject line.
Our oce sta are not lawyers and cannot represent you at a hearing. If you cannot aord to
pay an attorney or a registered representative, you may be able to get free representation from
a pro bono attorney or a legal services program. 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.
Important: Your first payment will generally be made in two to three weeks from the time you file
your claim. However, in some cases, additional information must be obtained before payment can be
made and your first payment may take longer. If this time has not lapsed, please continue to wait for
the review process to be finished. Also, the Claimant Advocate Oce is separate from the Telephone
Claims Center.* Advocates are not able to process claims, make determinations or expedite a claim.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
54
14 APPENDIX II: SENDING A SECURE
MESSAGE
Log in to our website with your NY.gov ID at labor.ny.gov/signin. If you do not already have an
account, directions for creating one are on our website at labor.ny.gov/signin. If you have diculty
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.
Once you have signed in, on the My Online Services page, in the Messages section, click "Go to My
Inbox." and then select “Compose New.”
You will now need to choose a subject line. Click on the dropdown arrow next to the word “Subject”
to see a list of subjects. Click on the subject line that best matches your question. When you do this,
a second set of subject lines will appear. Again, choose the second subject line that best matches
your question. This will ensure your message is sent to the correct sta member.
For more information, see our "How to Send a Secure Message" factsheet (P837), available at dol.
ny.gov/forms-and-publications.
For instructions on how to send specific types of secure messages, see the “Contact Us” section at
the beginning of this handbook.
*Disclaimer: In addition to recorded telephone calls, messages you send or receive by secure
message may be used as evidence in a future hearing.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
55
15 APPENDIX III: ONLINE FILING TERMS
AND CONDITIONS
When you use online services to file your claim, you must agree to the following terms and conditions:
Provide Complete
and Accurate
Information
• If you give us incomplete or incorrect information, your claim and any
payments that may be due to you could be delayed.
• If you give us false information or withhold information, your future
benefits will be lost or reduced and you may face other serious
consequences including the possibility of prosecution.
Submit Your Claim Once you begin your application, always move forward until you are finished.
You will lose information if you do any of the following before you submit
your claim:
• Exit the application
• Lose your Internet connection
• Use your browser’s “back” button
You can look over, change or print your responses in the “Review of
Application Responses” section.
When you are done, select the “Submit Claim” button.
Keep Your Contact
Information Current
By signing up for an online account, you agree to keep the contact
information you have given us up to date. This includes your mailing address
(required) and email address (required). If your contact information changes,
you agree to update that information for our records.
Respond to All
Department
Requests
You agree to check and respond to messages and questionnaires we may
send to through the NY.gov secure message system and all messages, forms
and letters we send you by mail. You must respond within the time frames
listed in those documents.
You acknowledge and understand that if you fail to:
• keep your contact information up-to-date
• check your NY.gov secure message inbox, or
• respond to our communications within the time frames listed in those
documents
Your benefits may be delayed, suspended or denied.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
56
Keep Important
Claim Information
After you submit your claim, you will see a “Confirmation Page” that lists
additional information and instructions.
• Print or write down the information on that page for future reference
• If you do not follow these instructions, your payments may be delayed or
lost
If you want to keep a copy of your entire application, you may print each
page at the “Review of Application Responses” section.
Direct Deposit
Option
• Print or write down the “Direct Deposit Information Review” page
information before submitting your direct deposit information.
• This will be your only proof of the account information you provided.
Call if Instructed Not all applications may be completed online. If you see a confirmation page
that says you must speak with a claims specialist to complete your application
for Unemployment Insurance benefits, you must call the Telephone Claims
Center. The information you provide online will be saved. However, your claim
will not be processed until you make that call.
Keep Your PIN
Secure
***NEVER Tell Anyone Your PIN (Personal Identification Number)***
When you submit a claim, you will be prompted to create a PIN. Your PIN is
your electronic signature.
You will use your PIN every time you access the claims processing system.
You could lose up to 20 weeks of benefits if you allow another person to use
your PIN.
If you are a person with a disability who is unable to access our services
without the help of another person, you may allow another person to help
you. However, you must be present each time your helper uses our services,
including when your helper enters your PIN. You are responsible for the
actions of your helper. You may be subject to penalties, including forfeiture
of benefits, if you are not present when your helper accesses our services.
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.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
57
9 Things You Must
Do When Filing for
Unemployment
Benefits
1. Report all hours you work. You must report any hours you work when
you claim your weekly UI benefits. This includes part-time, temporary or
unpaid jobs.
2. Be accurate. Carefully read all letters the Department of Labor sends to
you. Follow the instructions and return all forms as soon as possible. This
will help prevent delays in UI payments.
3. Be available to work. You must be able to take a job right away. Every
week, you must verify that you were ready, willing and able to work.
4. Look for work. You must search for work each week and keep a
written record of every employer you contact. See “What is considered
systematic and sustained eorts to find work” in Chapter 7 or go to
dol.ny.gov/work-search-frequently-asked-questions to view work search
activities you are required to do weekly.
5. Make a work search plan. Contact a New York State Career Center to
get help planning your work search. Go to dol.ny.gov/career-centers to
find the location nearest you. You may also call 800-447-3992. Choose
your language and pick option 5.
6. Stop claiming benefits as soon as you return to work. Do not wait for
your first paycheck. You are no longer eligible for benefits when you
start working a full-time job. You may be eligible for partial benefits if you
get part-time work.
7. Read your claimant handbook. It tells you about your rights and
responsibilities while collecting Unemployment Insurance benefits. It
also lists additional benefits and services for which you may be eligible.
Electronic and audio versions are also available on our website.
8. Avoid Fraud. Do the right thing and follow the rules while you
get benefits. If you do not follow the rules, you could face serious
legal consequences.
9. If you don’t know, ask for help. Unemployment Insurance representatives
are available to help you. Call 888-209-8124 or go to our website
for answers.
New York State Department of Labor
Unemployment Insurance:
A BRIDGE TO YOUR NEXT CAREER
*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
*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.
58
To complete your online claim, you must also agree to the following:
I have reviewed all tabbed sections and verified that the information is true and accurate, and I
understand that the law provides penalties for false statements. I have provided accurate and
complete contact information, including my mailing address (required) and email address (required).
If my contact information changes, I agree to update it. I agree to check and respond to secure
messages and questionnaires that are sent to me through my NY.gov account and all messages,
forms and letters I may receive by mail within the time frames specified in those communications. I
understand that if I am not eligible for benefits, I am entitled to a hearing before an administrative
law judge at no cost or obligation. If I fail to repay benefits that I received or fail to pay any penalties
assessed because I withheld information or gave false information to the Department of Labor, the
Department of Labor may take legal action to file a judgment against me. Once entered, a judgment
is good and can be used against me for twenty years, and my money, including a portion of my
paycheck and/or bank account, may be taken. Also, a judgment will hurt my credit score and can
aect my ability to rent a home, find a job or take out a loan. I also confirm that I am not filing this
claim during any period while I was outside of the United States, a U.S. Territory or Canada.
Secure messaging and other messages: You may send and receive secure messages,
correspondence and questionnaires through your Labor Online account. Complete questionnaires
and respond to correspondence by the deadline provided. Failure to do so will delay your claim or
result in the denial and/or suspension of benefits.
New York State Department of Labor
Unemployment Insurance: A BRIDGE TO YOUR NEXT CAREER
*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.
59
17 FORMS
The following pages contain forms referenced throughout this document:
• A Work Search Record is used to record and document your work search eorts. See Chapter
7: “What is considered acceptable proof of my work search activities?”. The work search tool is
located on our website at dol.ny.gov/jobzone.
• A Request for Reconsideration form may be used to notify the Telephone Claims Center* that you
disagree with information on your Monetary Benefit Determination notice.
• A Request for Alternate Base Period may be used to increase your benefit rate if your high quarter
wages are in the alternate quarter.
• A Request for Rate Based on Weeks of Employment form and instructions may be used if you think
your benefit rate may be higher using your average weekly wage.
• Voter Registration form: Do not return this form to the Department of Labor. A completed Voter
Registration form must be returned to your local Board of Elections at the address listed on the
instruction page.
WS 5 (02/22) Equal Opportunity Program - Auxiliary aids and services are available upon request to individuals with disabilities
Work Search Record For Week Ending: _____/______/________
(Use Sunday date)
Last Name: _________________________________ First Name______________________ NYS ID#: NY_______________ or SS No: XXX-XX-__________
(Found at the top of appointment letters) (Last four digits only)
This form may be used to record your work search activities. Instructions are on the back. You can also use the Work Search Record on our JobZone website instead
of this form. Simply click on the JobZone Work Search link when you claim weekly Unemployment Insurance benefits online. You must show at least three work
search activities for each week that you claim benefits. Please make sure the below charts show at least three separate entries or that you record three separate
activities per week on JobZone.
Businesses/Employers Contacted: List jobs you have applied for, interviews you have attended, and businesses/employers you have contacted during the
week shown above
. All columns should be filled in, to the best of your ability. Use additional sheets of paper if needed. The first row is an example.
Date
of
contact
Position
applied
for
Business/Employer
name
Name and title
of person
contacted
(if known)
Method
of contact
(In person, phone, fax,
email, web site, etc.)
Contact information for
method of contact listed
(address, telephone number,
email, website/URL, fax
number)
Result of contact
(if known)
(Interview, waiting for
response, not hired)
1/2/2014
Clerk
ABC Industries
John Smith,
HR Director
email
Set up interview
Other Work Search Activities: List things you did to find a job that were not business/employer contacts. See Instructions on the back for suggested activities. The first row is an example.
Date of activity
Activity performed
1/3/2014 Attended a resume preparation workshop at the Career Center
WS 5 (02/22) Equal Opportunity Program - Auxiliary aids and services are available upon request to individuals with disabilities
New York State Department of Labor
Work Search Record Instructions
You must actively look for work while claiming Unemployment Insurance benefits. You must keep a Work Search Record for each week you claim
benefits and be prepared to give a copy of that Record to the New York State Department of Labor when requested. 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 you may be
denied Unemployment Insurance benefits.
You must do at least three work search activities each week, unless you have a Work Search Plan approved by the Department of Labor.*
You are encouraged to do more.
Work Search Activities: Work search activities may include, but are not limited to:
(1) Use employment resources available at a local Career Center or
through a virtual career center platform provided by the
Department of Labor. Examples include:
(i) meet with Career Center advisors;
(ii) receive job market information from Career Center staff about
jobs in your industry or region;
(iii) complete skills assessments for job matching;
(iv) attend instructional workshops; and
(v) get job referrals from the Career Center and follow up with
employers.
(2) Submit job applications or resumes to employers or former
employers who may have openings.
(3) Attend job search seminars, career networking meetings, job fairs,
or employment-related workshops that offer job-search skills
instruction.
(4) Interview with employers.
(5) Register for, apply for, or take job-related or pre-hire tests for a
public or private employer. This includes civil service exams.
(6) Register and follow up with private employment agencies,
placement services, unions, and placement offices of schools,
colleges, or universities, or professional organizations.
(7) Use the telephone, business directories, internet, social media, or
online job matching systems to search for jobs, get leads, request
referrals, or make appointments for job interviews.
(8) Any other reasonable activity that may help you become
employed.
Keep copies of your Work Search Records for one year. Do not
send your Work Search Record to the Department of Labor unless
we ask you to. You can get more forms at your local New York
State Career Center, online at www.labor.ny.gov or in your
claimant handbook. You may also keep your work search record
online at www.jobzone.ny.gov.
*If you have a Work Search Plan approved by the Department of
Labor, you must do what was agreed upon in the plan and record
those activities on the Work Search Record. We will check your
Work Search Record to be sure you are doing what is called for
in your Work Search Plan.
IMPORTANT!
We sent you a Monetary Benefit Determinations showing the weekly benefits you will receive. Those
benefits are based on your wages. If you believe some of your wages were missed, please complete
this form. 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 print clearly. If we cannot read your
writing, we cannot process this form.
Unemployment Insurance
Request for Reconsideration
Please print clearly
Last Name:___________________________________ First Name: ___________________ Middle Initial:____
Address:__________________________________________________________________________________
City:_____________________________________________ State:______________ Zip Code:____________
Claim Effective/Start Date:____/___/_____ Social Security number: XXX-XX-___ ___ ___ ___
Form requirements
To correct wages and/or add wages not reflected on your Monetary Benefit Determination, follow the instructions below.
• the employer and quarterly wage information below using black or blue ink.
• Include any documentation that could be considered proof of employment and wages such as pay stubs, W-2s, 1099s, vouchers, checks,
tips, bonuses, meals, lodging, commissions, vacation pay and records of employment and/or payment.
• Do not send originals; photocopy all supporting documentation onto 8½ x 11 single-sided paper.
• Write your name, the last four digits of your Social Security number and your phone number on each attachment.
• If you received worker’s compensation, include a copy of your most recent Subsequent Report of Injury (SROI) filing.
• This completed form and all attachments must be received within the time frame noted above in the IMPORTANT!
message. Please print clearly.
Employer Information
Please print clearly. Attach an additional page if you have
information for more than (3) three employers.
Basic or Alternate Base Period Total Quarterly Gross Wages
Write in the total quarterly gross wages for each employer / quarter indicated. Refer to
your most recent Monetary Benefit Determination for assistance.
Employer: _________________________________
Address:__________________________________
City: __________________State: ____ Zip:_______
If work was performed outside New York State,
indicate state: _______
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Employer: _________________________________
Address:__________________________________
City: _________________ State: ____ Zip:_______
If work was performed outside New York State,
indicate state: _______
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Employer: _________________________________
Address:__________________________________
City: _________________ State: ____ Zip:_______
If work was performed outside New York State,
indicate state: _______
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Quarter ___/___/_____ - ___/___/_____ $___ ___ ___,___ ___ ___ .___ ___
Certification
I certify that the above information is true to the best of my knowledge and I am aware that there are penalties for making false statements.
I understand I will be notified of the results of my request.
__________________________________________________________ ________________ __________________________________
Signature (Required) Date Area code Telephone number
Return instructions
This notice and all attachments must be received within the time frame noted above in the IMPORTANT! message.
Fax: 518-457-9378. This notice is your cover page. Indicate total number of pages ______.
OR Mail: New York State Department of Labor, P.O. Box 15130, Albany, NY 12212-5130.
OR Online: www.labor.ny.gov/signin. Submit via online account messaging system. Select “Submit Documents” and then “Submit
Wage Documents”. Use subject line “Wage Documentation”.
TC 403 HR (09/20)
Department of Labor
PO Box 15130
Albany, NY 12212-5130
Claim weekly benefits at www.labor.ny.gov
or call Tel-Service at 888-581-5812.
For more information visit:
www.labor.ny.gov.
For help, see the claimant handbook at
www.labor.ny.gov/uihandbook.
For help, see the claimant handbook at
www.labor.ny.gov/uihandbook.
Department of Labor
PO Box 15130
Albany, New York 12212-5130
www.labor.ny.gov
IMPORTANT!
We sent you a Monetary Benefit Determinations showing the weekly
benefits you will receive. Those benefits are based on your wages. If
you believe some of your wages were missed, please complete this
form. 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. Please print clearly. If we cannot read your
writing, we cannot process this form.
Unemployment Insurance
Request for Alternate Base Period
Please print
clearly
Last Name:______________________________ First Name:___________________ Middle Initial: ______
Address:______________________________________________________________________________
City:_________________________________________ State: ___________ Zip Code:________________
Claim Ef fective/Start Date: ____/____/____ Social Security #: XXX – XX - __ __ __ __
Form
requirements
If you wish to use the Alternate Base Period to increase your weekly benefit rate:
• Complete the steps below using black or blue ink.
• Include any documentation that could be considered proof of employment and wages such as pay stubs, W-2s,
1099s, vouchers, checks, tips, bonuses, meals, lodging, commissions, vacation pay and records of employment
and/or payment.
• Photocopy all supporting documentation onto 8½ x 11 single-sided paper. Do not send originals.
• Write your name, the last four digits of you Social Security number and your phone number on each attachment.
• This completed form and all attachments must be received by the Response Due Date noted above. Please print
clearly. If you do not, we cannot process this form.
If the wages in your last completed calendar quarter exceed the "High Quarter Wages" on your Monetary Benefit
Determination, use of the Alternate Base Period may increase your benefit rate. If you choose the Alternate Base
Period to establish a claim, you will not be able to use these wages for a future claim.
Step 1
Last Calendar
Quarter
Information
The last completed calendar quarter prior to your claim effective/start date is: ____/___/____ through ____/___/____
Month/Day/Year Month/Day/Year
Refer to your Monetary Benefit Determination for calendar quarter dates and compare the Alternate Base Period Quarter
wages with your records, then check the appropriate box below and proceed to the "Step" indicated.
The Alternate Base Period Quarter Wages are incorrect or missing. (Proceed to Step 2)
The Alternate Base Period Quarter Wages are correct. (Proceed to Step 3)
Step 2
Wage
Information
Complete the information below, include proof of wages and attach an additional page if you have information
f or more than (3) three employers.
Employer Name:_________________________________Quarterly Gross Wages $_________________
Employer Address: ____________________________________________________________________
City:_________________________________State:_____________Zip:_____
If work was performed outside New
York State, indicate state _______
Employer Name:_________________________________Quarterly Gross Wages $_________________
Employer Address: ____________________________________________________________________
City:__________________________________State:____________Zip:_____
If work was performed outside New
York State, indicate state _______
Employer Name:_________________________________Quarterly Gross Wages $__________________
Employer Address: ____________________________________________________________________
City:__________________________________State:____________Zip:_____
If work was performed outside New
York State, indicate state _______
Step 3
Acknowledgement
I certify that the above information is true to the best of my knowledge and I am aware that there are penalties for making
false statements. I understand if I use the Alternate Base Period, these wages cannot be used for a future claim.
______________________________________________ ______________ ________ - _______ - _____________
Signature Required Date Area Code Telephone Number
Step 4
Return
Instructions
This notice and all attachments must be received within the time frame noted above in the IMPORTANT! message.
Claim weekly benefits at www.labor.ny.gov
or call Tel-Service at (888) 581-5812.
For more information visit:
www.labor.ny.gov
TC 403 HA (09/20)
ONLINE: www.labor.ny.gov/signin
Submit via online account messaging
system. Select “Submit Documents” and
then “Submit Wage Documents”. Use
subject line “Wage Documentation”.
MAIL: New York State
Department of Labor
PO Box 15130
Albany, New York 12212-5130
OR
FAX: (518) 457-9378
This notice is your cover page.
Indicate total # of pages_____
OR
PO Box 15130
Albany, NY 12212-5130
Request for Rate Based on Weeks of Employment
To request a benefit rate based on weeks of employment, you must complete this form and return it to the above
Department of Labor address with a copy of your proof of employment and earnings for each week of employment for
the base period indicated below. It must be received within ten calendar days of the Date Mailed as stated on your
most recent Monetary Benefit Determination. Do not send the originals of your supporting payroll documents as they
cannot be returned. Your Request for Rate Based on Weeks of Employment cannot be processed until all Requests for
Reconsideration have been reviewed and the establishment of your base period has been finalized. You will be notified
of the action taken regarding your request within three weeks of receipt.
Complete only the front of this form if you have worked for one employer or you have worked for two or more
employers consecutively. If you worked during the same week(s) for two or more employers, complete the worksheet
on the back of this form first and transfer the appropriate information to the front of the form. If you have more than
seven employers during the base period, list the information on a separate sheet of paper and attach it to this form.
________________________________________Please print clearly________________________________________
Last Name: _____________________________________First name: _______________________Middle Initial: ______
Address: _________________________________________________________________________________________
City: ___________________________________________________ State: ________________ Zip: ______________
Social Security Number: XXX – XX - __ __ __ __
Base Period: From _______________________ Through _______________________
(Enter these dates from the previously issued T402, Monetary Benefit Determination)
A. Employer Name and
Address
B. Length of Pay Period;
i.e. weekly, bi-weekly,
etc.
C. Total Weeks Paid
During Base
Period
D. Total Wages Paid
During Base Period
1.
$
2.
$
3.
$
4.
$
5.
$
6.
$
7.
$
E. Total Weeks and Wages Worked During the Base Period
$
F. Total Weeks Worked from Part 2 (on back)
G. Recomputation Formula:
1. Divide the total wages by the total weeks (the lesser of E or F) to calculate
the average weekly wage …………………………………………………………………………….$
___________
2. Divide the average weekly wage by 2 to arrive at your proposed rate based
on weeks and wages. The rate cannot exceed $504.…………………………………………..…$
___________
3. Enter your current benefit rate from your last T402 Monetary Benefit
Determination form ……………………………………………………………………………………$
___________
4. Subtract line 3 from line 2. The amount must be $5 or more to receive
the recomputed rate based on weeks and wages…………………..……………………………...$
___________
Certification: I certify that all information and records submitted are true and accurate. I understand that this
information is subject to verification and penalties can be imposed for false statements.
Signature: ___________________________________ Date: ____/____/________ Telephone No.:
_________________
LO 403.5 (6/22)
www.labor.ny.gov
Request for Rate Based on Weeks of Employment
Part 2 - Record of Concurrent Employment in Base Period
SS# XXX – XX - __ __ __ __ NAME: __________________________________________________ Base Period: From ___/___/_____ Thru ___/___/_____
Weeks
Employer
*
PHOTOCOPY THIS FORM IF YOU WORKED FOR MORE THAN 7 EMPLOYERS DURING YOUR BASE PERIOD
INSTRUCTIONS:
1.
* List all week ending dates (Sunday) for your entire base period. See T402 – Monetary Benefit Determination for dates of your base period.
2. Enter a check mark () in the chart above for each week in which you worked for each base period employer.
3. Total the number of weeks for each employer and enter on the front of this form with the wages for each employer.
4. Using chart above, count each week for which you have entered a checkmark. Count each week only once even if you have more than
one checkmark for that week. This will be your total weeks of employment in your base period. Enter this amount here and
on “Total Weeks Worked Part 2,” line “F” on the front of this form.
Photocopy & enclose proof of employment for all weeks worked for each employer. Do not send original documents.
Instructions for Request for Rate Based on Weeks of Employment
Your entitlement to benefits and weekly benefit rate have been established based upon a formula using your high
calendar quarter(s) earnings in your base period. Depending on your employment history, you may qualify for a higher
weekly benefit based upon one-half of your average weekly wage. To request a review of your weekly benefit rate, all of
the following must apply:
• Your request must be received within ten calendar days of the date of your latest Monetary Benefit Determination.
• The establishment of your base period has been finalized.
• You must have at least 20 weeks of employment in your base period. A week of work is defined as a Monday
through Sunday period during which you were paid remuneration for employment for an employer covered under
the New York State Unemployment Insurance Law.
• You must provide proof of all of your base period weeks of employment and wages. Acceptable proof includes
paycheck stubs, payroll envelopes, or cancelled checks. Your proof must show name of employer, pay
period/date of payment, wages and your name and/or Social Security n umber. In no event may the benefit rate
calculated based on your acceptable proof be more than the maximum benefit rate currently in effect.
• The benefit rate based on one-half of your average weekly wage must be at least $5.00 more than the weekly
benefit amount based on the quarterly earnings formula as reported on your latest Monetary Benefit
Determination form.
The Request for Rate Based on Weeks of Employment is separate from a Request for Reconsideration. The request for
Reconsideration is discussed in Section 4 of the claimant handbook: “How much will I receive in benefits each week?” A
Request for Rate Based on Weeks of Employment cannot be made until you finalize the base period to utilize and a
determination has been issued on any Request for Reconsideration.
On the reverse side is an example of a completed Request for Rate Based on Weeks of Employment form. The example
assumes a benefit claim filed in the 4
th
quarter 2017 and wages employers reported to the New York State Wage
Reporting system within the basic base period July 1, 2016 through June 30, 2017.
Employer
Wages
Base Period
2/2017
1/2017
4/2016
3/2016
Good Construction, Inc.
$5,000
$6,594
$7,812
$1,375
$20,781
Better Construction, Inc.
$640
$640
Best Construction, Inc.
$6,440
$6,440
Total
$5,640
$6,594
$7,812
$7,815
$27,861
The rate based on one twenty-six (1/26) of the high quarter wages is $300. For those with $3,575 or less wages in the
high quarter, the weekly benefit rate is based on one twenty-fifth (1/25).
The rate based on weekly employment and wages data as evidenced by acceptable proof is $309. (See calculations on
page 2 of the instructions.)
LO 403.5I (6/22) Page 1 of 2
www.labor.ny.gov
NOTE: If you worked for more than one employer in the same week for one or more weeks, you must first complete Part 2
on the back of the Request for Rate Based on Weeks of Employment form. In the example below, the total weeks on line
F are less than the sum of the weeks as shown on line E due to concurrent employment in the base period.
Example – Request for Rate Based on Weeks of Employment
A. Employer Name and Address
B. Length of Pay Period; i.e.
weekly, bi-weekly, etc.
C. Total Weeks Paid
During Base Period
D. Total Wages Paid
During Base Period
1. Good Construction, Inc.
Anytown, NY 10101
Bi-weekly
43
$
20,781
2. Better Construction, Inc.
Anytown, NY 10101
Bi-weekly
2
$
640
3. Best Construction, Inc.
Anytown, NY 10101
Weekly
8
$
6,440
4.
5.
6.
7.
E. Total weeks and wages worked during the base period
53
$
27,861
F. Total weeks worked from Part 2
45
G. Recomputation Formula Example
1. Divide the total wages by the total weeks (the lesser of line E or F) to calculate
the average weekly wage …………………………………………………………………$ 619.13
2. Divide the average weekly wage by 2 to arrive at your proposed rate based on
weeks and wages. The rate cannot exceed $504………………………….……..…….$ 309.57
3. Enter your current benefit rate from your last T402 Monetary Benefit
Determination form………………………………………………………………………….$300.00
4. Subtract line 3 from line 2. The amount must be $5 or more to receive
the recomputed rate based on weeks and wages……………………………………..…..$ 9.57
Example
1 2 3 4 5 6 7 8 9
*
40 41 42 43 44 45 46 47 48 49 50 51 52
Weeks →→
Employer ↓
↓
7/03/16
7/10/16
7/17/16
7/24/16
7/31/16
8/07/16
8/14/16
8/21/16
8/28/16
4/02/17
4/09/17
4/16/17
4/23/17
4/30/17
5/07/17
5/14/17
5/21/17
5/28/17
6/04/17
6/11/17
6/18/17
6/25/17
A
B
C
Etc.
X
X
X
Key:
Gross Weeks
53
X
= No work available
Concurrent Weeks
8
*
= Weeks 10-39; worded 26 weeks for “A”
Net Weeks
45
LO 403.5I (6/22) Page 2 of 2
Unemployment Insurance Division
PO Box 15131
Albany, NY 12212-5131
Claimant Request for Hearing
Enter the last four digits of your Social Security Number (SSN): _____ _____ _____ _____
Your Name (print):
You can request an Unemployment Insurance (UI) hearing two ways, online or by mail.
• To request a hearing online, sign into your NY.Gov account. Click on the envelope icon at the upper right of your
My Online Services page. Then create a new email message. Choose “Hearings and Appeals” from the drop-
down menu as the first subject line and “I want to request a hearing” as the second subject line.
• To request a hearing by mail, complete and sign this form. Mail it to the address at the top of this form. Write
only in the space provided on this form. Do not write outside the margins or on the back. If you need more
space, use an 8 ½ x 11-inch piece of white paper. Be sure to write your name and the last four digits of your
Social Security number on all of the papers you send. Do not staple.
IMPORTANT: To protect your rights to UI benefits you may be entitled to receive, please continue to certify for UI
benefits every week, as long as you are unemployed.
I disagree with the Notice of Determination(s) dated ____/____/_______ (month, day, year), and I am requesting a
hearing. Reason (optional):
If you are requesting a hearing on a determination that was made more than 30 days ago, please state the reason for the
delay in notifying us:
Last Employer’s Name:
Physical work location (place where you regularly reported to work):
Street City State Zip Code
Work Phone Number: ( )
Would you like your hearing conducted in a language other than English?
Yes No
If yes, what language and dialect?
Dates you are unavailable for a hearing:
Email: Phone: ( )
Mailing Address: Apt/Floor:
City: State: Zip:
Signature Date
For information about the UI Claimant Advocate Office and to view a video on how to prepare for a hearing, visit our
website at dol.ny.gov/unemployment-insurance-claimant-advocate-office.
LO 435 (06/22)
Instructions for Voter Registration Form
1. Fill out the Voter Registration form that immediately follows this instruction sheet.
2. Carefully tear it out of this booklet and put it in an envelope. Be sure to
include your return address and correct postage.
3. Mail to the County Board of Elections in the county in which you live (see list at
bottom of this page). Do not mail this form to the Department of Labor! We cannot
process it and will have to return it to you. This will delay your registration.
Address and stamp this section
Place
First-Class
Stamp
Here
Your address
Your County Board of Elections address (select from below)
Before mailing,
remove tape,
fold and seal
If you would like to be an organ and tissue donor upon your death,
you may enroll in the NYS Donate Life™ Registry online at
www.donatelife.ny.gov or complete the form below.
You will receive a confirmation email or letter, which will also provide
you an opportunity to limit your donation.
(Optional) Register to donate your organs and tissues
New York City
32 Broadway, 7th Fl.
New York, NY 10004
(212) 487-5300
Albany
260 S. Pearl St.
Albany, NY 12202
(518) 487-5060
Allegany
8 Willets Ave.
Belmont, NY 14813
(585) 268-9294
Broome
Government Plaza
60 Hawley St.
PO Box 1766
Binghamton, NY
13902
(607) 778-2172
Cattaraugus
207 Rock City St.
Suite 100
Little Valley, NY 14755
(716) 938-2400
Cayuga
157 Genesee St.
(Basement)
Auburn, NY 13021
(315) 253-1285
Chautauqua
7 North Erie St.
Mayville, NY 14757
(716) 753-4580
Chemung
378 South Main St.
PO Box 588
Elmira, NY 14902
(607) 737-5475
Chenango
5 Court St.
Norwich, NY 13815
(607) 337-1760
Clinton
Cnty Government Ctr.
Ste. 104
137 Margaret St.
Plattsburgh, NY 12901
(518) 565-4740
Columbia
401 State St.
Hudson, NY 12534
(518) 828-3115
Cortland
112 River St.
Suite 1
Cortland, NY 13045
(607) 753-5032
Delaware
3 Gallant Ave.
Delhi, NY 13753
(607) 832-5321
Dutchess
112 Delafield Street,
Suite 200
Poughkeepsie, NY
12601
(845) 486-2473
Erie
134 W. Eagle St.
Buffalo, NY 14202
(716) 858-8891
Essex
7551 Court St.
PO Box 217
Elizabethtown, NY
12932
(518) 873-3474
Franklin
355 West Main St.
Ste. 161
Malone, NY 12953
(518) 481-1663
Fulton
2714 St. Hwy 29
Ste. 1
Johnstown, NY 12095
(518) 736-5526
Genesee
County Building #1
15 Main St.
Batavia, NY 14020
(585) 815-7804
Greene
411 Main St.
Ste. 437
Catskill, NY 12414
(518) 719-3550
Hamilton
Rte. 8
PO Box 175
Lake Pleasant, NY
12108
(518) 548-4684
Herkimer
109 Mary St.
Ste. 1306
Herkimer, NY 13350
(315) 867-1102
Jefferson
175 Arsenal St.
Watertown, NY 13601
(315) 785-3027
Lewis
7660 N. State St.
Lowville, NY 13367
(315) 376-5329
Livingston
County Govt. Ctr.
6 Court St.
Room 104
Geneseo, NY 14454
(585) 243-7090
Madison
County Office Bldg.
N. Court St.
PO Box 666
Wampsville, NY
13163
(315) 366-2231
Monroe
39 Main St. W.
Rochester, NY 14614
(585) 753-1550
Montgomery
Old Courthouse
9 Park St.
PO Box 1500
Fonda, NY 12068
(518) 853-8180
Nassau
240 Old Country Rd.
5th Fl.
PO Box 9002
Mineola, NY 11501
(516) 571-8683
Niagara
111 Main St .
Ste. 100
Lockport, NY 14094
(716) 438-4040
Oneida
Union Station
321 Main St.
3rd Fl.
Utica, NY 13501
(315) 798-5765
Onondaga
1000 Erie Blvd West
Syracuse, NY 13204
(315) 435-3312
Ontario
74 Ontario St.
Canandaigua, NY
14424
(585) 396-4005
Orange
75 Webster Ave
PO Box 30
Goshen, NY 10924
(845) 360-6500
Orleans
14016 Route 31 West,
Ste. 140
Albion, NY 14411
(585) 589-3274
Oswego
185 E. Seneca St.
Box 9
Oswego, NY 13126
(315) 349-8350
Otsego
Ste. 2
140 County Hwy. 33W
Cooperstown, NY
13326
(607) 547-4247
Putnam
25 Old Route 6
Carmel, NY 10512
(845) 808-1300
Rensselaer
Ned Pattison
Government Ctr.
1600 Seventh Ave.
Troy, NY 12180
(518) 270-2990
Rockland
11 New Hempstead Rd.
New City, NY 10956
(845) 638-5172
St. Lawrence
80 State Hwy 310
Canton, NY 13617
(315) 379-2202
Saratoga
50 W. High St.
Ballston Spa, NY
12020
(518) 885-2249
Schenectady
2696 Hamburg St.
Schenectady, NY
12303
(518) 377-2469
Schoharie
County Office Bldg.
284 Main St.
PO Box 99
Schoharie, NY 12157
(518) 295-8388
Schuyler
County Office Bldg.
105 9th St., Unit 13
Watkins Glen, NY
14891
(607) 535-8195
Seneca
One DiPronio Dr.
Waterloo, NY 13165
(315) 539-1760
Steuben
3 E. Pulteney Sq.
Bath, NY 14810
(607) 664-2260
Suffolk
Yaphank Ave.
PO Box 700
Yaphank, NY 11980
(631) 852-4500
Sullivan
Gov’t. Ctr.
100 North St.
PO Box 5012
Monticello, NY 12701
(845) 807-0400
Tioga
1062 State Rte. 38
PO Box 306
Owego, NY 13827
(607) 687-8261
Tompki ns
Court House Annex
128 E. Buffalo St.
Ithaca, NY 14850
(607) 274-5522
Ulster
284 Wall St.
Kingston, NY 12401
(845) 334-5470
Warren
Cnty. Municipal Ctr.
3rd Floor
Human Serv. Bldg
1340 St. Rte. 9
Lake George, NY
12845
(518) 761-6456
Washington
383 Broadway
Fort Edward, NY
12828
(518) 746-2180
Wayne
7376 State Rte. 31
PO Box 636
Lyons, NY 14489
(315) 946-7400
Westchester
25 Quarropas St.
White Plains, NY
10601
(914) 995-5700
Wyoming
4 Perry Ave.
Warsaw, NY 14569
(585) 786-8931
Yates
Ste. 1124
417 Liberty St.
Penn Yan, NY 14527
(315) 536-5135
Last name
First name
Sufx
Middle Initial
Address
Zip code
Apt. Number
City
M M D D YYYY
Gender M F
Birth date
/ /
Eye color Height
Ft. In.
DMV or ID NYC #
Email
By signing below,
you certify that you are:
• 16 years of age or older;
• consenting to donate all of your organs and
tissues for transplantation, research, or both;
• authorizing the Board of Elections to provide
your name and identifying information to NYS
Donate Life™ Registry for enrollment;
• and authorizing the Registry to give access to
this information to federally regulated organ
procurement organizations and NYS-licensed
tissue and eye banks and others approved by the
NYS Commissioner of Health upon your death.
Sign Date
“If you are not registered to vote where you live now, would you
like to apply to register here today?”
Important!
Applying to register or declining to register to vote will not affect the
amount of assistance that you will be provided by this agency.
If you would like help lling out the voter registration application form,
we will help you. The decision whether to seek or accept help is yours.
You may ll out the application form in private.
YES
NO because I choose not to register OR
I am already registered at my current address OR
I asked for and received a mail registration form
If you checked YES, please complete the
VOTER REGISTRATION APPLICATION below
If you do not check
any box, you will
be considered to
have decided not
to register to vote
at this time.
Información en español: si le interesa obtener ee formulario en español,
llame al 1-800-367-8683
中文資料:若您有興趣索取中文資料表格,請電: 1-800-367-8683
한국어: 한국어 한국어 양식을 원하시면 1-800-367-8683
으로 전화 하십시오.
1-800-367-8683
Signature Date
Please Print Name
/ /
Are you a U.S. citizen?
If you answered NO, do not complete this form
A) Will you be 18 years old on or before election day?
B) Are you at least 16 years of age and understand that you must be 18
years of age on or before election day to vote, and that until you will
be eighteen years of age at the time of such election your registration
will be marked “pending” and you will be unable to cast a ballot in any
election?
If you answered NO to both of the prior questions, you cannot register to vote
.
YES NO
For Board Use Only
Last Name First Name Middle Initial Sufx
Address where you live (do not give P.O. box) Apt. No. Cit y/Town/Village Zip Code County
Address where you get your mail (if dif ferent than above) P.O. Box, Star Route, etc. Post Ofce Zip Code
Date of Bir th Gender (optional) Telephone (optional) Email (optional)
The last year you voted Your address was (give house number, street and city)
In county/state Under the name (if different from your name now)
ID Number (Check the applicable box and provide your number)
New York State DMV number
Last four digits of your Social Security number
I do not have a New York State DMV or Social Security number
Afdavit: I swear or afrm that
• I am a citizen of the United States.
• I will have lived in the count y, city or village for at least 30 days before
the election.
• I will meet all requirements to register to vote in New York State.
• This is my signature or mark on the line below.
• The above information is true, I understand that if it is not true, I can be
convicted and ned up to $5,000 and/or jailed for up to four years.
Signature or Mark in ink Date
/ /
NYS Agency-Based Voter Registration Form
VOTER REGISTRATION APPLICATION (instructions on back)
Yes, I need an application for an Absentee Ballot Please print or type in blue or black ink Yes, I would like to be an Election Day worker
Last Name
(Optional) Register to donate your organs and tissues
First Name
Address
Birth Date
Middle Initial Sufx
City/ Town/ Village
Apt Number
Zip Code
By signing below, you certify that you are:
• 16 years of age or older
• Consent to donate all of your organs and tissues for
transplantation, research, or both;
• Authorizing the Board of Elections to provide your name and
identif ying information to NYS Donate Life Registry for enrollment;
• And authorizing the Registry to allow access to this information to federally regulated
organ procurement organizations and NYS-licensed tissue and eye banks and others
approved by the NYS Commissioner of Health hospitals upon your death.
Signature
Date
/ /
1
3
4
5
6
10
11
2
7 8
9
12
Gender
Eye Color Height
M F
Ft. In.
Democratic party
Republican party
Conservative party
Working Families party
Green party
Libertarian party
Independence party
SAM party
Other
Political Party
I wish to enroll in a political party
I do not wish to enroll in any political party and wish to be an independent voter
No party
Email
DMV or ID NYC Number
YES
NO
YES
NO
Qualifications for Registration
You Can Use This Form To:
• register to vote in New York State;
• change your name and/or address, if there is a change since you
last voted;
• enroll in a political party or change your enrollment;
• pre-register to vote if you are 16 or 17 years of age.
To Register You Must:
• be a U.S. citizen;
• be 18 years old (you may pre-register at 16 or 17 but cannot vote until you
are 18);
• be a resident of the County, or of the City of New York at least 30 days
before an election;
• not be in prison or on parole for a felony conviction (unless parole pardoned
or restored rights of citizenship);
• not claim the right to vote elsewhere; and
• not found to be incompetent by a court.
Important!
If you believe that someone has interfered with your right to register or
to decline to register to vote, your right to privacy in deciding whether to
register or in applying to register to vote, or your right to choose your own
political party or other political preference, you may file a complaint with:
NYS Board of Elections
40 North Pearl St, Suite 5
Albany, NY 12207-2729
Telephone: 1-800-469-6872;
TDD/TTY users contact the New York State Relay at 711;
or visit our web site - www.elections.ny.gov
Your decision to register will remain confidential and will be used only for
voter registration purposes. Anyone not choosing to register to vote and/
or information regarding the office to which the application was submitted
will remain confidential, to be used only for voter registration purposes.
Verifying your identity
We will try to check your identity before Election Day, through the DMV number (driver’s license number or non-driver ID
number), or the last four digits of your social security number, which you will fill in Box 9.
If you do not have a DMV or Social Security number, you may use a valid photo ID, a current utility bill, bank statement,
paycheck, government check or some other government document that shows your name and address. You may include
a copy of one of those types of ID with this form.
If we are unable to verify your identity before Election Day, you will be asked for ID when you vote for the first time.
To complete this form:
It is a crime to procure a false registration or to furnish false information to the Board of Elections.
Box 9: You must make one selection. For questions refer to Verifying your identity above.
Box 10: If you have never voted before, write “None”. If you can’t remember when you last voted, put a question mark (?).
If you voted before under a different name, put down that name. If not, write “Same”.
Box 11: Check one box only. Political party enrollment is optional but that, in order to vote in a primary election of a political
party, a voter must enroll in that political party, unless state party rules allow otherwise.
Rev. 2/05/2020
If you file your complaint with the recipient, you must wait either until the recipient issues a written Notice of Final
Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address
above). If the recipient does not give you a written Notice of Final Action within 90 days of the day on which you
filed your complaint, you do not have to wait for the recipient to issue that Notice before filing a complaint with CRC.
However, you must file your CRC complaint within 30 days of the 90-day deadline (in other words, within 120 days
after the day on which you filed your complaint with the recipient). If the recipient does give you a written Notice of
Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with
CRC. You must file your CRC complaint within 30 days of the date on which you received the Notice of Final Action.
It is against the law for all recipients of Federal financial assistance to discriminate on the following basis:
Against any individual in the United States, on the basis of race, color, religion, sex, national origin, age, disability,
political aliation or belief; and against any beneficiary of programs financially assisted under Title I of the Workforce
Innovation and Opportunity Act (WIOA), on the basis of the beneficiary’s citizenship/status as a lawfully admitted
immigrant authorized to work in the United States, or his or her participation in any WIOA Title I-financially assisted
program or activity. The recipient must not discriminate in any of the following areas: Deciding who will be admitted,
or have access, to any WIOA Title I-financially assisted program or activity; providing opportunities in, or treating
any person with regard to such a program or activity; or making employment decisions in the administration of, or
in connection with such a program or activity.
EQUAL
OPPORTUNITY
IS THE LAW
Director
Division of Equal Opportunity Development
New York State Department of Labor
State Oce Campus, Building 12, Room 540
Albany, New York 12226
PHONE: 518-457-1984
(TDD) 1-800-662-1220
(VOICE) 1-800-421-1220
The New York State Department of Labor is an Equal Opportunity Employer/Program.
Auxiliary aides and services are available upon request and free of charge to individuals with disabilities TTY/TDD 711 or 1-800-662-1220 (English) / 1-877-662-4886.
DEOD 310.1 (1/24)
Or you may file a complaint
directly with:
Director
Civil Rights Center (CRC)
U.S. Department of Labor
200 Constitution Avenue, NW
Room N-4123
Washington, D.C. 20210
What to Do If You Believe You Have Experienced Discrimination
If you think you have been subjected to discrimination under a WIOA Title I-financially assisted program or
activity, you may file a complaint within 180 days from the date of the alleged violation with either:
TC 318.3 (2
/24)
