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Just went through this last year - the registration process with NYS Department of Labor was actually pretty straightforward once I got all my paperwork together. Make sure you have your federal EIN ready and know your NAICS code for your industry classification.
One thing to keep in mind is that New York has some specific thresholds for when you need to register. Generally, you need to register for unemployment insurance once you pay wages of $300 or more in any calendar quarter, or if you have one or more employees for some portion of a day in each of 20 different weeks (doesn't have to be consecutive). The rates for new employers are typically around 4.1% for most industries, but like others mentioned, this can change based on your claims experience after a few years.
Also check if your employer has FMLA obligations - if they have 50+ employees and you've worked there a year, they might have been required to offer you unpaid leave or schedule accommodations for family caregiving. If they violated FMLA by not even considering accommodations, that strengthens your unemployment case even more. Document that they didn't offer any alternatives before you quit!
Wait this is huge! My company has like 80 employees and I've been there 2 years. They never even mentioned FMLA when I asked about reducing hours. How do I prove they should have offered this?
@Connor Murphy You ll'want to check your employee handbook first - companies are required to post FMLA notices. If they didn t'inform you of your rights when you requested accommodations, that s'a violation. Keep records of when you asked HR for help and what their exact response was. The Department of Labor has info on FMLA requirements you can reference too. This could definitely help your unemployment case if they failed to follow federal law!
This is such a tough situation but you're not alone! I went through something similar caring for my mom. NY does recognize "compelling family circumstances" as good cause for quitting. Key things that helped my case: 1) I documented every attempt to get reasonable accommodations from my employer 2) Got a letter from my mom's doctor explaining her care needs and my role as primary caregiver 3) Showed the substantial change in my work schedule made it impossible to provide necessary care. The initial claim was denied but I appealed with all my documentation and won. Don't give up if they deny you at first - the appeals process is where having solid documentation really pays off. Wishing you the best! 💙
@Mason Stone Thank you for sharing such detailed advice! I m'definitely going to start documenting everything right away. Just to clarify - when you say substantial "change in work schedule, how" big of a change are we talking? My hours went from 40/week to 55+ and shifted from day shift to mostly evenings/weekends. Did you have to prove the change was unreasonable or just that it interfered with caregiving? Want to make sure I frame this correctly when I file.
@Mason Stone This is incredibly helpful! I m'in a similar boat with caring for my elderly father. Quick question - when you got the doctor s'letter, did they need to specify exact hours of care needed per day/week? My dad s'neurologist mentioned I should get documentation but wasn t'sure how detailed it needs to be. Also, did you file for unemployment before or after you actually quit? Trying to time this right so I don t'mess up the process. Thanks again for sharing your experience!
Thank you everyone for all the helpful information! I've made a checklist of everything I need to do tomorrow: 1. Talk to HR about NYS Disability Benefits and get the DB-450 form 2. Make appointment with my OB to get their portion completed ASAP 3. Look up my local WIC office and application process 4. Contact DSS about any other assistance programs 5. Ask hospital about meeting with social worker during my stay I'm still shocked at how low the disability benefit is, but at least it's something. I'll update after I talk to HR tomorrow. Fingers crossed this all works out!
That's a great plan! One more thing - when you talk to HR, ask if your company offers any supplemental short-term disability insurance. Some employers provide this as a benefit, which would pay on top of the state minimum. Even if they don't, it's worth asking if they have any company-specific policies for maternity leave even for new employees. Some companies have more generous policies than the legal minimum.
Also wanted to mention - don't forget to check if you qualify for HEAP (Home Energy Assistance Program) and see if your county has any emergency rental assistance programs. When I was in a similar situation, these programs helped me keep the lights on and avoid eviction during those tough first few months. The income limits are usually pretty reasonable for new families. You can usually apply for HEAP through the same DSS office. Also, if you're planning to breastfeed, WIC provides extra food allowances for nursing mothers which can really help stretch your grocery budget. Wishing you the best with everything - you've got this! 💪
This is amazing advice, thank you! I had no idea about HEAP or emergency rental assistance programs. I'm definitely planning to breastfeed so the extra WIC allowances for nursing moms sounds really helpful too. I'll add these to my list when I call DSS tomorrow. It's overwhelming trying to navigate all these programs but everyone here has been so helpful - I feel like I actually have a plan now instead of just panicking about having no income! 🙏
Glad to hear you're feeling better! Just remember that even after the 5 paid days from your employer, you need to follow up on your state benefits application. They don't automatically kick in - the two systems are separate. And don't return to work until you're fully cleared, even if there's pressure from your job. Your health comes first!
Hope you recover fully soon! One thing I wanted to add that might help others reading this - if you're having trouble getting your employer to provide the required COVID sick pay, you can also contact the New York State Attorney General's office. They have a worker protection unit that handles violations of the COVID sick leave law. I had to use this when my previous employer tried to claim they "didn't know" about the requirement. The AG's office got them to pay up within a week. Just another resource to keep in mind if anyone runs into employer pushback on this.
Charlee Coleman
One thing to remember is that your unemployment insurance rate will change over time based on your experience rating. If you have a lot of former employees filing claims, your rate goes up. If you have few claims, it goes down. So there's an incentive to be careful about hiring and to document any performance issues properly in case you need to contest a claim later.
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Omar Mahmoud
As someone who just went through setting up unemployment insurance for my small business, I'd recommend calling NYS Department of Labor directly to confirm your industry classification - that affects your initial rate. Also make sure you understand the difference between independent contractors and employees because misclassifying workers can lead to big penalties. The quarterly reporting deadlines are strict so set up reminders. One more tip: even if you only have one employee now, start keeping detailed personnel files from day one including job descriptions, performance reviews, and any disciplinary actions. You'll thank yourself later if you ever need to contest a claim.
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Justin Evans
•This is really helpful advice! I'm also a new small business owner and had no idea about the industry classification affecting the rate. When you called NYS Department of Labor, were you able to get through easily or did you have to wait on hold for a long time? I'm dreading having to call government agencies but it sounds like it's necessary to get this right from the start.
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