New York State Department of Labor - Before You Apply For Unemployment

You must have worked and been paid wages for employment in at least two calendar quarters in your base period,
AND
You must have been paid at least $1600 in wages in one of the calendar quarters in your base period,
AND
The total wages paid to you in your base period must be one and one-half times your high quarter wages. The amount of high quarter earnings used to determine if you meet this requirement will not be greater than $8,910. Earnings in the other base period quarters must total at least one-half of $8,910, or $4,455.
If you meet the requirements in the Basic base period, the Basic base period will be used to establish your claim.
If you do not meet the requirements in the Basic base period, it will be determined whether you qualify using the Alternate base period. If you qualify using the Alternate base period, the Alternate base period will be used to establish your claim.
If you qualify under the Basic base period, but you think using the Alternate base period would result in a higher benefit rate, you may apply within 10 days from the date of the initial monetary notice to have your rate recalculated using the Alternate base period.
If you do not qualify using the Basic or Alternate base period and you received Workers' Compensation payments or Volunteer Firefighters' benefits during the Basic base period, the Basic base period may be extended back up to 2 calendar quarters depending on the number of base period quarters in which you received these benefits.
If you do not qualify in any of the above base periods, you have employment in the calendar quarter in which you filed, you are still unemployed after that quarter ends, and you think that you may qualify using this most recent employment, you should apply again for benefits after the current calendar quarter ends.

Please note the following:

Before applying to use the Alternate base period, you should be aware that once wages are used to establish a claim, they cannot be used to establish a subsequent claim. Once you choose to use the wages in the most recent completed calendar quarter, you cannot use these wages again. This may affect your entitlement to a subsequent claim.
Any wages paid to you for employment that is determined to have ended because of misconduct or a criminal act cannot be used to establish a claim or in the calculation of your benefit rate.
If you are filing successive unemployment insurance claims, you must have new wages of at least five times your benefit rate in the benefit year to qualify for a new claim.

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Q: Under what circumstances may I file a claim?

A: The unemployment insurance program provides benefits to individuals who have sufficient employment to establish a claim, have lost employment through no fault of their own, are ready, willing and able to work and are actively seeking work. If you have worked in New York State within the last eighteen months, you have the right to file a claim for benefits.

You must meet the qualifying conditions set by law in order to be eligible for benefits (see qualifying employment information in the above FAQ). You cannot receive unemployment benefits if you have less than the required work and wages to establish a claim.

Eligibility to benefits can only be determined once a claim has been filed and all of the required information has been obtained. Eligibility is determined based upon the New York State Unemployment Insurance Law and precedents of the Law as set by court decisions.

You may be eligible for benefits if:

You lost your job due to lack of work: the temporary or seasonal employment ended; your job was eliminated; there was an involuntary reduction in force; the company downsized or shutdown; the company restructured or reorganized, there was a lack of company operating funds/orders; or for any other business operating reason which resulted in your involuntary unemployment.
You were discharged or fired because you were unable to meet employer performance or production standards, or you were unable to meet employer's qualifications for the job.

You may be denied benefits if:

You were fired because your employer alleged that you violated a company policy, rule or procedure, such as absenteeism or insubordination; because of a disagreement or dispute with a boss or co-worker; or you were fired for any other reason.
You quit your job.
You are unemployed because of a work stoppage in the last 49 days which was conducted in violation of an existing collective bargaining agreement in the establishment in which you were employed. It is not necessary that you are actually participating in the strike, but only that you are not working because of the strike in the facility in which you worked.

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Q: When should I file a claim?

A: You should file your claim during your first week of total or partial unemployment - to delay may cost you benefits. If you have worked or will work four or more days or earn more than $405 gross pay between Monday and Sunday of the current week, you must wait until next Monday to file, if you are still unemployed.

If you apply for unemployment insurance benefits today, your claim will be effective the Monday of the current week.

If you would like to request credit for a period during which no valid claim was filed, write to New York State Department of Labor, Central Support Unit, P.O. Box 15130, Albany, New York 12212. E-mails requests will not be accepted. The letter should include your name, address, telephone number, your Social Security number, the period for which credit is being requested, and the reason why a claim was not filed at that time. The circumstances will be investigated and a determination will be made regarding eligibility for benefits.

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Q: How do I apply for Unemployment Insurance?

A: You should apply for UI benefits using the Benefits Online Page between the hours of 7:30am to 7:30pm Monday through Thursday (Eastern Time), 7:30am to 5:00pm Friday, all day Saturday, and Sunday until 7:00pm.

You may also apply by calling our Telephone Claims Center. If you choose to file your claim by phone, an automated voice will offer you the choice of filing in English, Spanish, Russian, Cantonese, Mandarin, Creole, or "all other languages" (translation services will be provided).

Callers who are hearing or speech-challenged or have difficulty using the telephone for any reason may also request that a friend or relative assist in the telephone claims process.

Hearing impaired individuals who use Telephone Device for the Deaf (TTY/TDD) equipment, may file a claim by calling a relay operator at 1-800-662-1220 and request the operator to call the Telephone Claims Center at 1-888-783-1370. Service at this number will only be provided to callers using TDD equipment.

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Q: What do I need to have when I file?

A: You should have available:

Your Social Security number
Valid New York State driver’s license or Non-Driver Photo Identification Card number (only if you have either one)
Your complete mailing address and zip code
Telephone number where we can contact you between 8am-5pm, Monday through Friday
Employer Registration number or Federal Employer Identification Number (FEIN) of your most recent employer (FEIN may be found on your W-2 forms), only if you have either
Complete name, address, zip code and phone number of your most recent employer
Alien Registration card number (only if you are not a U.S. Citizen)
Copies of Forms SF 8 and SF 50 if you were a Federal employee in the last 18 months
Copy of your most recent separation form DD214, Member 4, if you are an ex-service member claiming benefits based on your military service
For web applicants only, if you are choosing to have direct deposit of your weekly benefits, you must have a check handy in order to enter your bank routing and checking account numbers

If you do not have this information, you may still file a claim for benefits, although incomplete information may delay your claim and any payments due you.

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Q: What if I forgot my PIN?

A: If you filed a claim for unemployment insurance benefits within the last 3 years, the system will remember the Personal Identification Number (PIN) you selected at that time.

You may reset your PIN by logging on the Benefits Online Page with your Social Security number and then selecting the 'Forgot PIN?' icon on the ‘Enter your PIN’ screen. You may also reset your PIN by calling the Telephone Claims Center. The telephone system will give you three opportunities to remember your PIN. You will be told each time that your Social Security and PIN do not match. After the third attempt, you will then hear an option, 'if you forgot your PIN or wish to reset it'. Select that option and you will speak with a representative who will assist you in resetting your PIN.

You must remember the PIN you set to file your claim for benefits. You will use your PIN to inquire about your claim online or on the telephone with the Telephone Claims Center. NEVER TELL ANYONE YOUR PIN OR WRITE YOUR PIN DOWN WHERE IT MAY BE VIEWED BY OTHERS.

*You are responsible and liable for your claim. Your PIN is your electronic signature and protects against another person certifying for your benefits and obtaining payments or information on your claim. You will use your PIN every time you access the claims processing system.*

Claiming Unemployment Insurance fraudulently or allowing someone to obtain benefits or access to your claim using your PIN, is a serious offense and can lead to severe penalties, including criminal prosecution and imprisonment. *You could lose up to 20 weeks of benefits if you allow another person to use your PIN.*

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Q: If I am a resident of New York State, but worked in another state where do I apply for benefits?

A: If you currently live in New York State, but all your work in the past 18 months was in another state, you must file your claim with the state where you worked. For information and filing instructions in other states, Click here.

If you worked in 2 or more states in the past 18 months, you must file your claim with one of the states where you worked, regardless of where you reside. You may be able to combine wages from all the states where you worked in the past 18 months, OR use only the wages earned in the filing state. Once you file your claim in a state where you worked, that state will advise you of all your filing options in order to receive the highest benefit amount. For information and filing instructions in other states, Click here.

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Q: What if I work part-time?

A: If you work less than four days in a week and earn $405 or less, you may receive partial benefits. Each day or part of a day of work will result in your weekly benefit rate being reduced by one-quarter. For example, if your weekly benefit rate is $100 and you work three days and earn less than $405, you could potentially receive $25 in benefits. If you work two days, you could potentially receive $50 in benefits. If you work one day, you could potentially receive $75 in benefits.

Receiving partial benefits extends the length of time you may collect benefits until you receive your maximum benefit amount or until your benefit year ends, whichever comes first. If you earn over $405 in any week, regardless of the number of days worked, no benefits can be paid for that week.

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Q: If I have a claim with another state, how do I register with NYS?

A: If you currently have a claim filed in another state, but have moved to New York State, the other state may require you to register with New York State. To register with New York State, contact the Telephone Claims Center. On the phone menu, select the option to file a new claim. After you enter your Social Security number and PIN, you will be told you do not have a current claim on our records and will be directed to file a new claim. At the end of the automated process, you will be transferred to a representative who will process the IB1 (Initial Interstate Claim) form for you.

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Q: How is my weekly benefit rate determined?

A: Your original benefit rate is calculated on your actual high calendar quarter* wages. Your weekly benefit rate is one twenty-sixth (1/26) of the high quarter wages paid to you in your base period. Exception: if your high quarter wages are $3,575 or less, your weekly benefit rate is one twenty-fifth (1/25) of your high quarter wages. Wages are applied to the quarter in which they are paid (not earned). The current maximum weekly benefit rate is $405.

Your entitlement and benefit rate are initially established using the information that your employers have reported to the New York State Wage Reporting system. You will be sent an initial Monetary Determination based on the information in the Wage Reporting system.

If you qualify, the Monetary Determination will show your weekly benefit rate. If you do not qualify, the Monetary Determination will provide the reason(s) for your non-entitlement and instructions on what to do if the wages shown on the form are incorrect or if employment and earnings are missing.

Your weekly benefit payment is reduced by one-quarter for each day you work or are not eligible because you are not available or capable of work or other reasons. If you earn over $405 in any week, regardless of the number of days worked, no benefits can be paid to you for that week.

* A calendar quarter is the 3 month period beginning with January, April, July, and October.

1^st calendar quarter: January 1 through March 31
2^nd calendar quarter: April 1 through June 30
3^rd calendar quarter: July 1 through September 30
4^th calendar quarter: October 1 through December 31

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Q: What is the maximum amount of benefits I can receive?

A: Although your claim lasts one year (your benefit year), during that time you can only receive 26 times your full weekly rate (or the same amount of money for weeks of partial unemployment).

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Q: Can I use military service to establish a claim?

A: Yes. To be eligible you must meet the conditions outlined below:

You completed the first full term of enlistment except where discharge or early release was for:

convenience of the government under an early release program; or
medical disqualification, pregnancy, parenthood, or any service-incurred injury or disability; or
hardship; or
personality disorder or inaptitude, but only if the service was continuous for 365 days or more.

As a reservist, you must have had at least 90 days of continuous active duty.

AND

You were discharged under honorable conditions, and if you were an officer, you did not resign for the good of the service.

Your weekly benefit rate will be based on your high quarter earnings in your base period. Your earnings in military service are based on a Federal schedule that takes into account the base pay in your last grade plus allowances for food and clothing.

Please have your most recent separation Form DD214, Member 4, available when you file your claim. You will be required to mail a copy of this form to the Telephone Claims Center to process your claim.

Note: Wages earned with an agency of the Federal Government, a branch of military service, or work performed outside of New York State do not appear on the Wage Reporting system and may not be listed on the initial Monetary Determination. You should follow the instructions on the Monetary Determination on what to do if employment and earnings are missing, so those wages can be used in the calculation of your benefit rate.

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Q: What if I work for a school system?

A: Employees of educational institutions are not eligible for benefits based on such employment when a claim is filed between academic years or terms and during customary vacation or holiday recesses if they have a contract or reasonable assurance of employment in the next academic year or term, or the period immediately following the vacation period or holiday recess.

If you are denied benefits or your benefits are reduced between academic years or terms and later were not offered an opportunity to perform services for the educational institution, and you continued to certify for benefits, you may be eligible for retroactive payments of benefits. This is providing you did not work in an instructional, research or principal administrative capacity.

If you have sufficient earnings with employers other than educational institutions, you may be entitled to establish a claim based on the other employment.

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Q: What if I worked in New York State, but live in another state?

A: If you currently live outside of New York State, but all of your work in the past 18 months was in New York State, you must file your claim with New York State. To file a claim with New York State, click here.

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Q: What if I am going to move out of New York State?

A: If you are looking for work outside of New York State or are planning to move to another state, you must contact the Telephone Claims Center. They can provide information on transferring your claim.

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Q: Does receiving Social Security affect my benefits?

A: There is no reduction of your unemployment benefits because you collect Social Security. You must be available for and looking for work with no restrictions when you receive Social Security, just as all other claimants.

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Q: Does receiving a pension affect my benefits?

A: If you have retired and are not seeking employment, you are not eligible for unemployment insurance benefits.

However, if you are retired and are actively seeking work, you may be eligible for unemployment benefits under the same conditions as all other unemployed workers.

Your weekly benefit rate may be reduced, however, if:

you receive a pension from an employer for whom you worked in the 18 months before you filed your claim

and

that work made you eligible for or increased the amount of your pension

and

your employer contributes more than 50% toward your pension

The amount of the weekly benefit rate reduction is as follows:

If you did not contribute towards your pension, your benefit rate will be reduced by the weekly equivalent of your pension.
If you contributed less than 50% of the total value of your pension, the reduction is one-half the weekly equivalent of your pension.
If you contributed 50% or more or if you rolled your pension over to a qualifying IRA account, there is no pension reduction.

You must notify the Telephone Claims Center if you become eligible for a pension while you are receiving benefits. Failure to do so may result in you having to repay benefits you received. The Telephone Claims Center will make a determination of any reduction in your unemployment benefit amount.

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Q: Does receiving workers' compensation affect my benefits?

A: 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, your weekly unemployment benefit rate may be reduced. The total weekly amount of your workers' compensation and unemployment insurance benefits cannot exceed your average weekly wage in the base period.

When filing a claim for benefits, you should be prepared to send to the Department of Labor copies of the Workers' Compensation Form C-8 (Notice that Payment of Compensation for Disability has been Stopped or Modified) and a medical statement signed by your physician, attesting that you are able to work. The Telephone Claims Center will determine if any reduction in your unemployment benefit amount, due to receipt of workers' compensation, is appropriate. If you disagree with the amount of reduction, you may request a hearing.

You must notify the Telephone Claims Center about any workers' compensation benefits you receive during the same weeks you are collecting unemployment insurance. Failure to do so could result in a requirement to repay any unemployment benefits that were overpaid.

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Q: Does receiving separation-related payments, such as severance pay or vacation pay, affect my benefits?

A: Generally, a claimant is eligible for unemployment insurance benefits while receiving separation-related payments. However, an individual will not be eligible for benefits if he or she continues to receive the full salary and exactly the same benefits that he or she received while working, with the understanding that the salary and benefits will stop if he or she becomes employed elsewhere. The employer’s payment of unused vacation accruals normally does not affect an individual’s eligibility for benefits.

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Q: Does pregnancy affect my eligibility?

A: Federal and state laws prohibit the denial of benefits to any claimant because of pregnancy. Pregnant claimants are eligible for benefits according to the same rules that apply to all other claimants. If you are ready, willing and able to work, and are actively searching for work, the fact of your pregnancy has no bearing on your collecting benefits.

There is no requirement that you disclose your pregnancy unless it affects your ability to perform work in your usual occupations. If your health prevents you from working in your normal occupation, you must inform the Telephone Claims Center.

The Telephone Claims Center may not ask you, on its own, if you are pregnant. If you are asked, you may refuse to answer. However, if your employer tells the Telephone Claims Center that you quit, took a leave of absence, or were fired, because of pregnancy, the Telephone Claims Center may verify that information with you. If you left your last job voluntarily, even though you were physically able to continue working, you may be ineligible for benefits.

A federal court decree prohibits the Unemployment Insurance Division from engaging in discrimination on the basis of pregnancy.

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Q: Am I eligible for benefits during a leave of absence from my job?

A: To be eligible for unemployment insurance, you must be ready, willing and able to work, and actively seeking employment. You must be prepared to start employment immediately and be physically and mentally capable of working to receive benefits.

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Q: What if I am not a US citizen, may I still file a claim?

A: If you are not a U.S. citizen, you may receive unemployment insurance if:

you were working legally when you lost your job
you are legally allowed to take a new job
you meet the other requirements for UI

Illegal aliens or immigrants working without legal permission cannot get unemployment benefits.

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Q: What if I want to start my own business?

A: Notify the Telephone Claims Center before you take any steps to start a business. Unless you are enrolled in the Self Employment Assistance Program (SEAP), these activities may result in the loss of unemployment insurance benefits. For more information on SEAP, click here.

You are considered to be employed if you are engaged in operating or starting a business either by yourself, with a partner or in a corporate arrangement. Time spent during the day or evening or on weekends preparing to start or actually operating a business may be considered employment even though no sales are made nor any compensation received.

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Q: What is considered work?

A: You are considered employed on any day when you perform any services - even an hour or less in self-employment, on a free-lance basis or for someone else. It makes no difference whether this work is in covered employment or whether you get paid for that day. For example, work on a straight commission basis is considered employment even though you may not receive the commission until some time later or even if no sales are made or any compensation received.

You must report all of the work you perform, whether it is for yourself, a friend, a relative or an employer. Any activity which brings in or may bring in income at any time must be reported.

If you are involved in free-lance work, self-employment, starting a business or doing "favors" for another business, you should call the Telephone Claims Center and give all the details before claiming your weekly benefits.

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Q: What if I want to help a friend or relative?

A: You may be considered employed on any day or any part of a day when you perform even minor duties or "favors" for a friend's or relative's business, whether you get paid or not. You should call the Telephone Claims Center and give all the details before claiming benefits.

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Click here for complete list of DOL FAQs