Unemployment Benefits

Unemployment Benefits Overview – Summer 2012 (2)

Unemployment Benefits (Insurance) Overview

Unemployment benefits (or insurance) are a temporary form of income provided by the state for eligible workers who have become unemployed through no fault of their own. You must be ready, willing, and able to work and be actively seeking employment to collect benefits.

Topics Overview
• What are some of the important terms you should know and understand?
• What are the requirements you must meet to be eligible for unemployment benefits?
• How does the state calculate your weekly benefit rate?
• What conditions might prevent you from receiving unemployment benefits?
• When should you file a claim for unemployment benefits?
• How do you apply for unemployment benefits?
• What will happen after your claim for benefits is approved?
• What can you do if your claim for benefits is denied?
• What are some useful websites for further information?

1. What are some of the important terms you should know and understand?
a. Calendar quarter: This is 1/4 of a full year, or a full three month period. The quarters in a year are January – March, April – June, July – September, and October – December.
b. Base period: This is the period of time the state uses to determine whether or not you are eligible for unemployment benefits.
i. Typically, the state uses the first four of the last five completed calendar quarters (defined above). This is referred to as the basic base period. For example, if you are filing for unemployment in April 2013, the basic base period for your eligibility will be January – December 2012.
ii. If you do not qualify for unemployment using the basic base period, the state will use the alternate base period. Here, the state will use the last four completed quarters before the current one in which you are applying. For example, if you are filing for unemployment in April 2013, the alternate base period for your eligibility will be April – December 2012 and January – March 2013. This alternate calculation allows for greater flexibility in determining if you are eligible for benefits.

c. Lag quarter: This is the last quarter completed before the one in which you are filing for benefits. For example, if you are filing for unemployment in April 2013, the lag quarter would be January – March 2013.
d. High quarter wages: This is the quarter in which your wages are the highest, or where you make more than any other quarter.
e. Waiting period: This is the period between the time your claim has been approved and when you may begin receiving benefits. It is one full work week, from Sunday – Saturday. You may not work during the waiting period, or it will be extended.
f. Benefit year: This is the period during which you may claim unemployment benefits. It begins the Monday after your claim has been approved and lasts for one year. During this time, you are eligible to receive 26 weeks of benefits.
g. Weekly benefit rate: This is the amount of money you are eligible to receive for a full week during your benefit year. The amount is calculated based on your earnings during your base period.

2. What are the requirements you must meet to be eligible for unemployment benefits?
a. You must have worked and been paid wages for this work in at least two calendar quarters during your base period; AND
b. You must have been paid at least $1600 in one of the quarters during your base period; AND
c. Your total wages during your base period must be at least 1.5 times your wages during the quarter in which you earned the most money (high quarter wages). For example, if you made $2000 in your highest quarter, you must have made a total of $3000 during your base period; AND
d. You must have lost your job through no fault of your own; AND
e. You must be ready, willing, and able to work; AND
f. You must be actively seeking work.
g. Anyone who has worked in New York State in the past eighteen months and meets the above requirements has a right to file a claim for benefits.
h. You may be eligible for benefits if:
i. You lost your job because there was not enough work for you to perform; OR
ii. You were employed in a seasonal or temporary position; OR
iii. Your job was eliminated due to downsizing, reorganizing, lack of company funds, closing of the company, or any other reason over which you had no choice or control; OR
iv. You were let go or fired because you failed to meet the company’s performance, production, or qualification standards for the job.
i. You may be denied benefits if:
i. You were fired as a result of a violation of company policy, rule, or procedure;
ii. You quit your job without good cause (such as a personal/family emergency);
iii. You are not working because of a strike which occurred within the last 49 days that violates a collective bargaining agreement, regardless of whether you took part in the strike.

3. How does the state calculate your weekly benefit rate?
a. If you qualify for unemployment using the basic base period, the state will use this period to calculate your benefit rate.
b. If not, the state will use the alternate base period to determine your eligibility and calculate your benefit rate.
c. Even if you qualify for benefits using the basic base period, the alternate base period may provide you with a higher benefit rate. If you believe this is true, you have ten days from the initial notice you receive regarding your benefits to request that the state use the alternate base period to calculate your benefit rate.
d. The state uses the quarter in which you made the highest wages (high quarter wages) to determine your weekly benefit rate. Your weekly benefit rate is calculated by taking your total wages during this quarter and dividing them by 26. However, if your high quarter wages are $3,575 or less, your wages are divided by 25. For example, if you made $2500 during your highest quarter, your weekly benefit rate would be $100: 2500/25 = 100.
e. For every day that you work during the time you receive unemployment benefits, your weekly benefit rate will be reduced by 25% or 1/4. For example, if your weekly benefit rate is $100 and you work one day, your benefits will be reduced by $25, and you will receive $75 for that week.
f. The maximum weekly benefit rate is currently $405.
g. If you work four or more days during a week or make more than $405 in a week, you will not be eligible for benefits.
h. During your benefit year, you may only receive 26 weeks of benefits. For example, if your weekly benefit rate is $100, you may only receive a maximum of $2600 during your benefit year.

4. What conditions might prevent you from receiving unemployment benefits?
a. Working in another state: You should file a claim for unemployment in the state in which you worked, even if you live in New York State.
b. Working part – time: You may still receive partial benefits. Each day you work during a week reduces your benefits by 25% or 1/4. For example, if your weekly benefit rate is $100 and you work one day, your benefits will be reduced by $25, and you will receive $75 for that week. If you work four or more days during a week or make more than $405 in a week, you will not be eligible for benefits.
c. Moving from another state to New York: Check with the state you currently have a claim filed in, as you may be required to file a claim with New York State, as well.
d. Moving to another state from New York: You must contact the Telephone Claim Center, at (888) 209-8124, in order to transfer your claim to your new state of residence.
e. Receiving Social Security: Your benefits will not be reduced if you are receiving Social Security, but you must be able to work and be looking for work.
f. Receiving a pension: You may be eligible for unemployment benefits even if you are receiving a pension, if you are able to work and are looking for work. However, certain factors may reduce your weekly benefit rate.
g. Receiving workers’ compensation: You may be eligible for unemployment benefits even if you are receiving workers’ compensation, if you are able to work and are looking for work. However, the amount of workers’ compensation you receive may reduce your weekly benefit rate.
h. Pregnancy: You cannot be denied unemployment benefits as a result of pregnancy, as long as you are able to work and are looking for work. You are not required to disclose your pregnancy unless it affects your ability to work in typical job settings.
i. Not a U.S. Citizen: You may still be eligible for unemployment benefits if you are not a U.S. citizen if you:
i. Were working legally when you lost your job; AND
ii. Are legally able to get another job; AND
iii. Meet the other requirements for benefits, as listed above.

5. When should you file a claim for unemployment benefits?
a. You should file a claim during your first week of partial or total unemployment. However, you may not file for unemployment if you work at least four days a week or if you make more than $405 in a week. If either of these things are true, you must wait until the following Monday to file a claim, if you are still unemployed.

6. How do you apply for unemployment benefits?
a. In order to receive benefits as quickly as possible, you should apply online, at https://ui.labor.state.ny.us/UBC/home.do, during the following hours:
i. Monday – Thursday: 7:30AM to 7:30PM;
ii. Friday: 7:30AM to 5:00PM;
iii. Saturday, 12:00AM to Sunday, 7:00PM.
b. You may also apply through the toll-free Telephone Claim Center, at (888) 209-8124, Monday – Friday: 8:00AM to 5:00PM. The most convenient times to call are on Thursday and Friday afternoons.
c. When you apply, you should have:
i. Your Social Security Number;
ii. Your Driver’s license or State ID number;
iii. Your full mailing address and zip code;
iv. A phone number where you can be reached during the day;
v. The Employer Registration number or Federal Employer Identification Number of your most recent employer (found on W-2 forms);
vi. The names and addresses of all your employers within the past 18 months;
vii. A 4-digit number to use as a Personal Identification Number (PIN);
viii. Your Alien Registration card number, if you are not a U.S. Citizen;
ix. Copies of forms SF8 and SF50, if you were a federal employee;
x. Your most recent separation form, if you were in the military.
d. Although you do not need all of the documents listed above to file a claim, any missing information will delay your ability to receive unemployment benefits, if you are found to be eligible.

7. What will happen after your claim for benefits is approved?
a. If your claim is approved, you must fulfill the waiting period, as defined above. You must meet the eligibility requirements, as listed above, and your waiting period will be extended if you work at all during this week.
b. Each week, you must certify that you are still unemployed and must claim your benefits. You may do this online, at https://ui.labor.state.ny.us/UBC/home.do, or through the TEL-SERVICE line, at (888) 581-5812.
c. You may only collect unemployment benefits for one full year. During this time, you may only claim 26 weeks of benefits. For example, if your weekly benefit rate is $100, you may only receive a maximum of $2600 during your benefit year.
d. If you are still unemployed after your benefit year is over, you may apply for extended benefits. However, these funds are extremely limited, and each claim is evaluated individually. For more information, see the Department of Labor’s Extended Benefits website at, http://www.labor.ny.gov/ui/claimantinfo/ExtendedBenefits.shtm.

8. What can you do if your claim for benefits is denied?
a. If you are denied unemployment benefits, you will be sent a Notice of Determination. This will state why you have been denied, what period of time the state used to determine your eligibility, what you must do to qualify for benefits, and instructions on how to request a hearing to review your claim. You may request a hearing by writing a letter to the New York State Department of Labor, P.O. Box 15131, Albany, NY 12212-5131. The letter must be postmarked within 30 days of the time you received your Notice of Determination.

9. What are some useful websites for further information?
a. New York State Unemployment Insurance Inquiry Email Form: https://www.labor.ny.gov/secure/ui/ui-contact-form.shtm
b. New York State Department of Labor Contact Information: http://www.labor.state.ny.us/ui/claimantinfo/ContactInfo.shtm#TCC
c. New York State Department of Labor Frequently Asked Questions: http://www.labor.state.ny.us/ui/faq.shtm
d. Unemployment Benefits Online Website: https://ui.labor.state.ny.us/UBC/home.do
e. New York State Department of Labor Extended Benefits (for unemployment benefits beyond one year): http://www.labor.ny.gov/ui/claimantinfo/ExtendedBenefits.shtm
f. Legal Aid Society Employment Law Project: http://www.legal-aid.org/en/civil/civilpractice/employmentlawproject.aspx
g. Unemployment Action Center (provides free legal assistance to help challenge unemployment benefits determinations): http://www.uac-ny.org/
h. New York Legal Assistance Group General Legal Services Unit: http://nylag.org/units/general-legal-services/
i. New York State Unemployment Insurance Appeal Board, List of Organizations, Attorneys, and Registered Representatives: http://www.labor.ny.gov/formsdocs/ui/LO424_4.pdf