2023 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 the first Monday after October 1, 2024 or 30 days
after the commissioner of labor certifies that the department  of  labor
has  an  information  technology  system  capable  of  accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)
* (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 on the first Monday after October 1, 2024  or  30  days
after  the  commissioner of labor certifies that the department of labor
has an  information  technology  system  capable  of  accommodating  the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)
(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.
* NB There are 2 sbpar (iv)'s
* (iv) the need for the  individual  to  provide  child  care  to  the
individual's  child  if  such  individual has made reasonable efforts to
secure alternative child care.
* NB There are 2 sbpar (iv)'s
(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 the first Monday after October 1, 2024 or 30 days
after the commissioner of labor certifies that the department  of  labor
has  an  information  technology  system  capable  of  accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)
* 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  on  the first Monday after October 1, 2024 or 30 days
after the commissioner of labor certifies that the department  of  labor
has  an  information  technology  system  capable  of  accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)
(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 the first Monday after October 1, 2024 or 30 days
after  the  commissioner of labor certifies that the department of labor
has an  information  technology  system  capable  of  accommodating  the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)
* 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  on  the first Monday after October 1, 2024 or 30 days
after the commissioner of labor certifies that the department  of  labor
has  an  information  technology  system  capable  of  accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)
* 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 the first Monday after October 1, 2024 or 30 days
after  the  commissioner of labor certifies that the department of labor
has an  information  technology  system  capable  of  accommodating  the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)
* 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  on  the first Monday after October 1, 2024 or 30 days
after the commissioner of labor certifies that the department  of  labor
has  an  information  technology  system  capable  of  accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)
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.