Benefit payments

To qualify for unemployment benefits, claimants must be out of work through no fault of their own, must demonstrate recent substantial attachment to the labor market, must be ready, willing, and able to work, must be actively seeking suitable employment and must be engaged in a systematic and sustained work search effort. Claimants may also qualify for benefits while attending a training course approved by the Commissioner of Labor.

When an individual files a claim for benefits, a base period is established. A claimant’s benefit rate and entitlement to benefits are based on the amount of earnings during the base period.

Benefit rates are primarily determined based on wages reported by employers on Form NYS‑45. When inaccurate or incomplete information is discovered through the benefit claim process, the employer will be assessed a $25 penalty. In some circumstances, employers may be requested to provide wage information for a specific claim.

Benefits paid to claimants are charged to the experience rating accounts (see Experience rating ) of employers for whom they worked prior to separation from employment. Every benefit payment charged to an employer’s experience rating account may have the effect of increasing that employer’s UI rate in future years. When a former employee is determined to be monetarily entitled to benefits, the employer is sent Form LO 400, Notice of Potential Charges . Also, employers are advised on Form IA 96, Notice of Experience Rating Charges, about all benefit payments to former employees that are charged to their account. Employers should contact the claimant directly if work is available. Employers should promptly notify the UI telephone claim center if: they are unable to contact the claimant for recall; the claimant has declined an offer of re-employment; or they believe the claimant is currently working or otherwise not entitled to benefits. If the charges appear incorrect for any other reason, employers should contact the Department of Labor, Liability and Determination Section (see Unemployment insurance issues – Where can I find the answers? ). This will protect the experience rating account and, at the same time, assist the Unemployment Insurance Division in paying only qualified claimants.