New York Amends Unemployment Insurance Law
New York has amended its Unemployment Insurance Law as follows:
Disqualification from benefits. New language has been added allowing for voluntary separation for good cause if the separation is the result of a “compelling family reason.” Such reasons include: domestic violence, verified by reasonable and confidential documentation; the illness or disability of a member of the claimant’s immediate family, which necessitates the care of the family member for a period of time longer than the employer is willing to grant leave; or a change in the claimant’s spouse’s employment where the claimant needs to accompany his or her spouse to a new location from which it is impractical to commute.
Refusal of employment. A new subsection has been added providing that a refusal to accept employment will not be considered without good cause or disqualify an otherwise eligible claimant from receiving benefits if the claimant is seeking part-time work and the employment offer is not comparable to his or her part-time work.
Terms of disqualification. The term “short-time work” is now referred to as “part-time work.” Language that required a part-time worker to register as a short-time worker when unemployed has been eliminated. New language has been added providing that a claimant will not be denied benefits solely because he or she is seeking part-time work.
Definitions. The law adds additional circumstances when a state “on” indicator will be in effect for a week: For weeks of unemployment beginning on or after February 1, 2009, and ending the week ending three weeks prior to the last week for which 100% federal sharing is authorized by §2005(A) of Public Law 111-5 (the stimulus bill), or for weeks of unemployment ending three weeks prior to the last week for which Congress has authorized 100% federal sharing, the average rate of total unemployment for the most recent three months must equal or exceed 6.5% and the average rate of total unemployment in the state for that period must equal or exceed 110% of the average for either or both of the corresponding three-month periods ending in the two preceding calendar years; or for any period of “high unemployment” that otherwise meets the above provisions but where 8% is substituted for 6.5%.
The law now provides that there will be a state “off” indicator for a week only if for the period consisting of the week and the immediately preceding 12 weeks, none of the options provided for in the subsection describing “on” indicator weeks are present. There will be a state “off” indicator with respect to the new circumstances described above for the week ending three weeks prior to the last week for which 100% of federal sharing is authorized or for the week ending three weeks prior to the last week for which Congress has authorized 100% federal sharing. The term “rate of total unemployment” is now defined as the average percentage obtained by dividing the total number of unemployed residents of the state for the most recent three consecutive months by the total civilian labor force of the state for the same three-month period.
The definition of the term “eligibility period” now specifies that a claimant’s eligibility period includes any alternative eligibility period described in federal law. The terms “extended benefits” and “regular benefits” now include benefits payable to federal civilian employees and ex-servicemen.
Eligibility conditions. Eligibility conditions for extended benefits have been changed. The law now provides that an individual’s base period must have remuneration of one and one-half times the high calendar quarter earnings. Prior law required a base period of 20 weeks of full-time employment or remuneration that exceeded 40 times the claimant's most recent benefit rate.
Extended benefits. A new subsection has been added providing that extended benefits will be paid to a claimant for periods of high unemployment for not more than 80 effective days with respect to the applicable benefit year, with a total maximum equal to 80% of the total maximum amount of regular benefits payable in such benefit year.
Charging of extended benefits. New language provides that where the state has entered an extended benefit period for which federal law provides 100% of federal sharing of the cost of benefits, all charges will be debited to the general account and such account will be credited with the amount of payments received in the fund pursuant to provisions of federal laws providing 100% federal sharing for the cost of such benefits. New language also applies the language applicable to governmental entities to Indian tribes.
Approved training. A new subsection provides that a claimant will not be disqualified for his or her failure to accept an offer of or apply for suitable work if he or she is in approved training.
Total unemployment. The language providing that no days of total unemployment will be deemed to occur with respect to a claimant who was disqualified for 12 months because of a felonious act until he or she has worked not less than three days in each of four weeks or earned remuneration of at least $200 has been eliminated. The subsection now states that no days of total unemployment will be deemed to occur in any week within an eligibility period until a claimant has worked in employment within the requirements set forth in the law.
Reprinted with permission. © CCH
<p>New York Amends Unemployment Insurance Law New York has amended its Unemployment Insurance Law as follows Disqualification from benefits. New language has been added allowing for voluntary separation for good cause if the separation is the result of a “compelling family</p>