NY Lab L § 599 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 7 - Benefits and Claims 599 - Career and Related Training; Preservation of Eligibility.

§  599.  Career  and related training; preservation of eligibility. 1. Notwithstanding any other provision of this article,  a  claimant  shall not  become  ineligible  for  benefits because of the claimant's regular attendance in a program of training which the commissioner has approved. The  commissioner  shall  give  due  consideration   to   existing   and prospective  conditions  of  the  labor market in the state, taking into account  present  and  anticipated  supply  and  demand  regarding   the occupation  or  skill  to  which  the training relates, and to any other relevant factor. However, in no event  shall  the  commissioner  approve such training for a claimant unless:  (a)  (1)  the  training  will upgrade the claimant's existing skill or train the claimant for an occupation likely to lead to more regular long term employment; or  (2)  employment  opportunities  for  the  claimant  are  or   may   be substantially impaired because of:  (i)  existing  or  prospective  conditions  of the labor market in the locality or in the state or reduced opportunities for employment in  the claimant's occupation or skill; or  (ii)   technological   change,   plant   closing   or  plant  removal, discontinuance of specific plant operations, or similar reasons; or  (iii) limited opportunities for employment throughout the year due  to the seasonal nature of the industry in which the claimant is customarily employed; or  (iv)  the  claimant's  personal  traits  such  as  physical  or mental handicap; and  (b) the training relates to an occupation or  skill  for  which  there are,  or  are  expected  to  be  in  the  immediate  future,  reasonable employment opportunities in the state; and  (c) the training is offered by a competent  and  reliable  agency  and does not require more than twenty-four months to complete; and  (d)  the  claimant  has  the  required qualifications and aptitudes to complete the training successfully.   2. * (a) Notwithstanding  any  other  provision  of  this  chapter,  a claimant  attending  an  approved  training course or program under this section may receive additional  benefits  of  up  to  one  hundred  four effective  days  following  exhaustion of regular and, if in effect, any other extended benefits, provided that  entitlement  to  a  new  benefit claim  cannot  be  established.  Certification of continued satisfactory participation and progress in such training course or  program  must  be submitted to the commissioner prior to the payment of any such benefits. The  duration  of such additional benefits shall in no case exceed twice the number of effective days of regular benefits to which  the  claimant is  entitled  at  the  time the claimant is accepted in, or demonstrates application for appropriate training.   * 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) Notwithstanding any other provision of this chapter, a  claimant attending  an approved training course or program under this section may receive additional benefits of up to twenty-six times his or her  weekly benefit  amount  following  exhaustion of regular and, if in effect, any other extended benefits, provided that  entitlement  to  a  new  benefit claim  cannot  be  established.  Certification of continued satisfactory participation and progress in such training course or  program  must  be submitted to the commissioner prior to the payment of any such benefits. The amount of such additional benefits shall in no case exceed twice the amount of regular benefits to which the claimant is entitled at the time  the claimant is accepted in, or demonstrates application for appropriate training.   * 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)  No more than twenty million dollars of benefits per year shall be made available for payment to claimants participating in such courses or programs.  (c) Participation in such training course  or  program  shall  not  be limited  to any selected areas or localities of the state but subject to the availability of funds, shall be available to any claimant  otherwise eligible to participate in training courses or programs pursuant to this section.  (d) The additional benefits paid to a claimant shall be charged to the general account.   3. Notwithstanding any other provision of this article, a claimant who is  in training approved under the federal trade act of nineteen hundred seventy-four shall not be disqualified or become ineligible for benefits because he is in such training or because he left  employment  which  is not  suitable  employment  to  enter such training. For purposes hereof, "suitable employment" means work of  a  substantially  equal  or  higher skill  level  than the claimant's past adversely affected employment and for which the remuneration is  not  less  than  eighty  percent  of  the claimant's average weekly wage.