loading…
loading…
loading…
The benefit rate for a week of total unemployment is calculated in the following way:
If the claimant has earnings in all four base period (or alternate base period) quarters, the benefit rate is 1/26 of the worker’s wages in the calendar quarter with the highest wages during the base period. If highest quarter wages are $3,575 or less, the benefit rate is 1/25 of wages.
If the claimant has earnings in only two or three base period (or alternate base period) quarters: If high quarter > $4,000, the benefit rate is 1/26 of the average of two highest quarters. If high quarter > $3,575 and ≤ $4,000, the benefit rate is 1/26 of high quarter. If high quarter ≤ $3,575, the benefit rate is 1/25 of high quarter.
The maximum weekly benefit rate is $504.
The minimum weekly benefit amount for 2024 is $132. The minimum weekly benefit amount is based on New York State’s minimum wage and may increase when the minimum wage increases.
The first week of unemployment after the claim is filed is a waiting week for which no benefits are paid.
Partial benefits can be paid for any week in which a claimant works no more than three days and earns no more than the maximum benefit rate. Benefits under the state’s regular UI program are payable for up to 26 weeks of total unemployment at the full weekly benefit rate or an equivalent amount during a greater number of weeks if the claimant is partially employed. These benefits are payable during the claimant’s benefit year – the 52-week period following the week in which the claim is filed.
An individual who qualifies for benefits under the quarterly wage criteria may apply within 10 days of receipt of such notification to have the weekly benefit amount re-computed, based upon one-half of their average weekly wage for all employment during the base period that established the claimant’s eligibility. The burden of proof of these earnings falls on the claimant.
During periods of high unemployment, up to 13 additional weeks of extended benefits or a varying amount of emergency benefits may be payable. Also, claimants who are eligible for regular benefits while attending a training course approved by the Commissioner may be eligible for up to 26 additional weeks of benefits if their regular benefits expire while they are still in training. These additional 26 weeks are not chargeable to the employer’s account.
Pension reduction. Individuals who are eligible for UI and are receiving a retirement pension financed in whole or in part by a base-period employer will have their weekly benefits reduced when their base-period employment with that employer resulted in eligibility for the pension or an increase in the amount of the pension.
If the employer contributed to the pension at all, the claimant’s benefit rate is reduced by the pro‑rated weekly amount of the pension.
If the claimant was the sole contributor to the pension, no reduction applies.
Social Security benefits are not deductible from the benefit rate.
Workers’ compensation limitation. The UI benefits to which a claimant may be entitled are limited to the difference between the amount of workers’ compensation benefits and 100% of the claimant’s average weekly wage.