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Sarah Ali

Are church employees eligible for unemployment under CARES Act - NYS Department of Labor rules?

My wife worked as a church secretary for 8 years until they had to let her go last month due to budget cuts. We're trying to figure out if she can file for unemployment benefits through NYS Department of Labor. I know churches are usually exempt from paying into the unemployment system, but I heard something about the CARES Act changing the rules for religious organizations. Has anyone dealt with this situation? The church says they don't think she's eligible but we want to make sure before giving up. She made decent money there and we really need the help right now.

Yes, your wife should definitely apply! The CARES Act did expand eligibility for workers at religious organizations, including churches. Even if the church didn't pay into the unemployment insurance system, she may still qualify for benefits. NYS Department of Labor will determine eligibility during the application process. Don't let the church's opinion stop you from filing - they often don't know the current rules.

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Thanks! Should she mention the CARES Act specifically when filing, or just apply normally through the NYS Department of Labor website?

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wait i thought churches were always exempt from unemployment stuff? this is confusing

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They traditionally were exempt, but pandemic legislation changed some of those rules. The best approach is to file through my.ny.gov and let NYS Department of Labor make the determination. The worst thing that happens is they say no, but you might be surprised.

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I had so much trouble getting through to anyone at NYS Department of Labor when I had questions about my claim status. If you need to speak with someone directly about your wife's situation, I found this service called Claimyr that actually got me connected to a real person. They have a website at claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI showing how it works. It was really helpful when I couldn't get answers any other way.

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Interesting, I'll look into that if we run into issues. Did it cost a lot to use?

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They focus more on just getting you connected rather than charging high fees. Worth checking out if you get stuck in the system.

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THE WHOLE SYSTEM IS A MESS! Churches, businesses, everyone gets different treatment and nobody knows what the rules actually are anymore. I've been fighting with NYS Department of Labor for months on my own claim and they just keep sending me in circles. Your wife probably has a better chance than most people though since the religious worker stuff got attention during COVID.

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Sorry you're having such a hard time with your claim. The adjudication process can be really frustrating.

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Just file online and see what happens. My neighbor worked at a church and got benefits last year so it's definitely possible.

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