2023 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 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 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)
* 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 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)
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.