NY Lab L § 593 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 7 - Benefits and Claims 593 - Disqualification for Benefits.

§   593.  Disqualification  for  benefits.  1.  Voluntary  separation; separation for a compelling  family  reason.  * (a)  No  days  of  total unemployment  shall  be  deemed  to  occur  after a claimant's voluntary separation without good cause  from  employment  until  he  or  she  has subsequently worked in employment and earned remuneration at least equal to  ten  times  his  or  her  weekly  benefit rate. In addition to other circumstances that may be found to constitute good  cause,  including  a compelling  family  reason  as  set  forth  in  paragraph  (b)  of  this subdivision, voluntary separation from employment shall  not  in  itself disqualify  a  claimant if circumstances have developed in the course of such employment that would have justified the claimant in refusing  such employment  in  the first instance under the terms of subdivision two of this section or if the claimant, pursuant to an option provided under  a collective  bargaining  agreement or written employer plan which permits waiver of his or her right to retain the  employment  when  there  is  a temporary  layoff  because  of lack of work, has elected to be separated for a temporary period and the employer has consented thereto.   * NB Effective until April 1, 2022 or 30 days after  the  commissioner of  labor  certifies  that  the  department  of labor has an information technology system capable of accomodating these amendments, whichever is earlier   * (a) No weeks of total unemployment or partial unemployment shall  be deemed  to  occur  after  a claimant's voluntary separation without good cause from employment  until  he  or  she  has  subsequently  worked  in employment  and  earned  remuneration at least equal to ten times his or her weekly benefit rate. In addition to other circumstances that may  be found  to constitute good cause, including a compelling family reason as set forth in paragraph (b) of  this  subdivision,  voluntary  separation from   employment   shall   not  in  itself  disqualify  a  claimant  if circumstances have developed in the course of such employment that would have justified the claimant in refusing such  employment  in  the  first instance  under  the  terms of subdivision two of this section or if the claimant, pursuant to an option provided under a  collective  bargaining agreement  or  written  employer plan which permits waiver of his or her right to retain the employment when there is a temporary layoff  because of  lack of work, has elected to be separated for a temporary period and the employer has consented thereto.   * NB Effective April 1, 2022 or 30  days  after  the  commissioner  of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier  (b) A claimant shall not be disqualified from receiving  benefits  for separation  from  employment  due  to  any compelling family reason. For purposes of this paragraph, the term "compelling  family  reason"  shall include,  but  not  be  limited  to,  separations  related to any of the following:  (i)  domestic  violence,  verified  by  reasonable  and   confidential documentation  which  causes  the  individual reasonably to believe that such individual's continued  employment  would  jeopardize  his  or  her safety or the safety of any member of his or her immediate family.  (ii)  the  illness  or  disability  of  a  member  of the individual's immediate family. For the purposes of this subparagraph:  (A) The term "illness" means a verified illness which necessitates the care of the ill person for a period of time longer than the employer  is willing to grant leave (paid or otherwise).  (B)   The   term   "disability"  means  a  verified  disability  which necessitates the care of the disabled person for a period of time longer than the employer  is  willing  to  grant  leave  (paid  or  otherwise).  "Disability"  encompasses all types of disability, including: (1) mental and physical disability; (2) permanent and temporary  disabilities;  and (3) partial and total disabilities.  (iii)  the  need  for  the  individual  to accompany such individual's spouse (A) to a place from which it is impractical for  such  individual to  commute  and  (B)  due  to  a  change  in  location  of the spouse's employment.  (iv) where the spouse of the individual  is  a  member  of  the  armed forces  of  the  United States, the need for the individual to accompany such individual's spouse (A) to a place from which it is impractical for such individual to commute and (B) due to a  change  in  location  as  a result of a military transfer of the spouse.  (c)  A  disqualification  as  provided  in this subdivision shall also apply after a claimant's voluntary separation from  employment  if  such voluntary separation was due to claimant's marriage.   2.  Refusal  of  employment.  * No days of total unemployment shall be deemed to occur beginning with the day on which a claimant, without good cause, refuses to accept an offer of employment for which he or  she  is reasonably  fitted  by training and experience, including employment not subject to this article, until he or  she  has  subsequently  worked  in employment  and  earned  remuneration at least equal to ten times his or her weekly benefit rate. Except that claimants who are not subject to  a recall  date or who do not obtain employment through a union hiring hall and who are still unemployed after receiving ten weeks of benefits shall be required to accept any employment proffered that such  claimants  are capable  of  performing, provided that such employment would result in a wage not less than eighty  percent  of  such  claimant's  high  calendar quarter  wages  received  in  the base period and not substantially less than the prevailing wage for similar work in the  locality  as  provided for  in  paragraph  (d)  of  this  subdivision.  No  refusal  to  accept employment shall be deemed without good cause nor  shall  it  disqualify any claimant otherwise eligible to receive benefits if:   * NB  Effective  until April 1, 2022 or 30 days after the commissioner of labor certifies that the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   * No  weeks  of  total  unemployment  or partial unemployment shall be deemed to occur beginning with the week in  which  a  claimant,  without good cause, refuses to accept an offer of employment for which he or she is  reasonably  fitted  by training and experience, including employment not subject to this article, until he or she has subsequently worked  in employment  and  earned  remuneration at least equal to ten times his or her weekly benefit rate. Except that claimants who are not subject to  a recall  date or who do not obtain employment through a union hiring hall and who are still unemployed after receiving ten weeks of benefits shall be required to accept any employment proffered that such  claimants  are capable  of  performing, provided that such employment would result in a wage not less than eighty  percent  of  such  claimant's  high  calendar quarter  wages  received  in  the base period and not substantially less than the prevailing wage for similar work in the  locality  as  provided for  in  paragraph  (d)  of  this  subdivision.  No  refusal  to  accept employment shall be deemed without good cause nor  shall  it  disqualify any claimant otherwise eligible to receive benefits if:   * NB  Effective  April  1,  2022  or 30 days after the commissioner of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier  (a)  a  refusal  to  accept  employment  which  would interfere with a claimant's right to join or retain membership in any labor  organization or  otherwise  interfere  with  or  violate  the  terms  of a collective bargaining agreement shall be with good cause;  (b) there is a strike, lockout, or other industrial controversy in the establishment in which the employment is offered; or  (c)  the employment is at an unreasonable distance from his residence, or  travel  to  and  from  the  place  of  employment  involves  expense substantially greater than that required in his former employment unless the expense be provided for; or  (d)  the  wages  or  compensation  or  hours or conditions offered are substantially less favorable to the claimant than those  prevailing  for similar  work  in  the locality, or are such as tend to depress wages or working conditions; or  (e) the claimant is seeking part-time work as provided in  subdivision five  of  section five hundred ninety-six of this title and the offer of employment is not comparable to his or her part-time work as defined  in such subdivision.   * 3.  Misconduct.  No  days  of  total unemployment shall be deemed to occur after a claimant lost employment through misconduct in  connection with  his  or  her employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten  times  his  or her weekly benefit rate.   * NB  Effective  until April 1, 2022 or 30 days after the commissioner of labor certifies that the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   * 3.   Misconduct.   No   weeks   of  total  unemployment  or  partial unemployment shall be deemed to occur after a claimant  lost  employment through  misconduct in connection with his or her employment until he or she has subsequently worked in employment  and  earned  remuneration  at least equal to ten times his or her weekly benefit rate.   * NB  Effective  April  1,  2022  or 30 days after the commissioner of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   * 4.  Criminal  acts. No days of total unemployment shall be deemed to occur during a period of twelve months after a claimant loses employment as a result of an act constituting a  felony  in  connection  with  such employment,  provided  the  claimant  is  duly  convicted thereof or has signed a statement admitting that he or she has committed such  an  act. Determinations  regarding  a  benefit claim may be reviewed at any time. Any benefits paid to a  claimant  prior  to  a  determination  that  the claimant  has  lost  employment  as  a  result  of such act shall not be considered to have been accepted by  the  claimant  in  good  faith.  In addition,  remuneration  paid  to  the claimant by the affected employer prior to the claimant's loss of employment due to such criminal act  may not  be  utilized  for  the  purpose  of  establishing  entitlement to a subsequent, valid original claim. The  provisions  of  this  subdivision shall  apply  even if the employment lost as a result of such act is not the claimant's last employment prior to the filing of his or her claim.   * NB Effective until April 1, 2022 or 30 days after  the  commissioner of  labor  certifies  that  the  department  of labor has an information technology system capable of accomodating these amendments, whichever is earlier   * 4.  Criminal  acts.  No  weeks  of  total  unemployment  or  partial unemployment  shall  be deemed to occur during a period of twelve months after a claimant loses employment as a result of an act  constituting  a  felony in connection with such employment, provided the claimant is duly convicted thereof or has signed a statement admitting that he or she has committed  such  an act. Determinations regarding a benefit claim may be reviewed  at  any  time.  Any  benefits  paid  to  a claimant prior to a determination that the claimant has lost employment as a result of  such act  shall  not  be  considered to have been accepted by the claimant in good faith. In addition,  remuneration  paid  to  the  claimant  by  the affected employer prior to the claimant's loss of employment due to such criminal  act  may  not  be  utilized  for  the  purpose of establishing entitlement to a subsequent, valid original  claim.  The  provisions  of this  subdivision shall apply even if the employment lost as a result of such act is not the claimant's last employment prior to  the  filing  of his or her claim.   * NB  Effective  April  1,  2022  or 30 days after the commissioner of labor  certifies  that  the  department  of  labor  has  an  information technology system capable of accomodating these amendments, whichever is earlier   5.  Terms  of  disqualification.  A  disqualification  pursuant to the provisions of this section shall not be confined  to  a  single  benefit year.   6.  Determinations  and  hearings.  The  commissioner  shall  issue  a determination for any protest that is filed by any base period  employer within the time specified in the notification of potential charges based on  voluntary  separations  or  misconduct.  An employer or claimant may request a hearing of such determination pursuant to section six  hundred twenty of this article.