NY Lab L § 592 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 7 - Benefits and Claims 592 - Suspension of Accumulation of Benefit Rights.

§  592.  Suspension  of accumulation of benefit rights.  1. Industrial controversy. (a) The accumulation of benefit rights by a claimant  shall be suspended during a period of two consecutive weeks beginning with the day  after  such claimant lost his or her employment because of a strike or other industrial controversy except for lockouts, including concerted activity not authorized or sanctioned by  the  recognized  or  certified bargaining agent of the claimant, and other concerted activity conducted in  violation  of  any  existing collective bargaining agreement, in the establishment in which he or  she  was  employed,  except  that  benefit rights  may be accumulated before the expiration of such two week period beginning with the day after such strike or other industrial controversy was terminated.  (b) Benefits shall not be suspended under this section if:  (i)  The  employer  hires  a  permanent  replacement  worker  for  the employee's  position.  A  replacement  worker  shall  be  presumed to be permanent unless the employer certifies in  writing  that  the  employee will  be  able to return to his or her prior position upon conclusion of the strike, in the event the strike terminates prior to  the  conclusion of  the employee's eligibility for benefit rights under this chapter. In the  event  the  employer  does  not  permit  such  return  after   such certification,  the  employee  shall be entitled to recover any benefits lost as a result of  the  two  week  suspension  of  benefits,  and  the department may impose a penalty upon the employer of up to seven hundred fifty  dollars  per  employee  per  week  of  benefits lost. The penalty collected shall be paid into the  unemployment  insurance  control  fund established  pursuant  to  section  five  hundred  fifty-two-b  of  this article; or  (ii) The commissioner determines that the claimant:  (A) is not employed by an employer that is involved in the  industrial controversy that caused his or her unemployment and is not participating in the industrial controversy; or  (B) is not in a bargaining unit involved in the industrial controversy that  caused  his  or  her  unemployment and is not participating in the industrial controversy.   * 2. Concurrent payments prohibited. No  days  of  total  unemployment shall  be deemed to occur in any week with respect to which or a part of which a claimant has received or is seeking unemployment benefits  under an  unemployment  compensation  law  of any other state or of the United States, provided that this provision shall not apply if the  appropriate agency  of  such  other state or of the United States finally determines that he is not entitled to such unemployment benefits.   * 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   * 2. Concurrent payments prohibited. No weeks of total unemployment or partial unemployment shall be deemed to occur in any week  with  respect to  which  a  claimant  has received or is seeking unemployment benefits under an unemployment compensation law of any  other  state  or  of  the United  States,  provided  that  this  provision  shall not apply if the appropriate agency of such other state or of the United  States  finally determines that he is not entitled to such unemployment benefits.   * 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   3.  Terms  of  suspension.  No  waiting  period may be served during a suspension period.    The  suspension  of  accumulation  of  benefit  rights  shall  not  be terminated by subsequent employment of the claimant irrespective of when the  claim  is filed except as provided in subdivision one and shall not be confined to a single benefit year.   A  "week"  as  used in subdivision one of this section means any seven consecutive calendar days.