Are students eligible for unemployment benefits in New York - confused about NYS Department of Labor rules
I'm a college senior graduating in May and I've been working part-time at a retail job for the past year. My hours got cut drastically and I'm wondering if I can file for unemployment benefits while still in school? I've heard conflicting information about whether students are eligible for NYS Department of Labor benefits. My employer has been reducing everyone's shifts and I really need the income to pay for my last semester. Does anyone know the actual rules about student eligibility?
13 comments


Jade Santiago
Yes, students can be eligible for unemployment benefits in New York! The key is that you need to have earned enough wages in your base period and be able and available for work. Being a student doesn't automatically disqualify you from NYS Department of Labor benefits. However, your school schedule can't interfere with your ability to accept suitable work. You'll need to show that you're genuinely looking for work and available during normal business hours.
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Lauren Johnson
•That's helpful! So even if I have classes during the day, I could still qualify as long as I'm available for evening or weekend work?
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Caleb Stone
I tried filing when I was in grad school and got denied initially because they said I wasn't available for full-time work. Had to appeal and prove that my class schedule was flexible enough to accommodate work. It was a hassle but I eventually got approved.
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Daniel Price
•How long did the appeal process take? I'm dealing with something similar right now.
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Olivia Evans
The NYS Department of Labor looks at whether you're 'able and available' for work. If your school schedule limits your availability to only evenings or weekends, that could be a problem. But if you can show you're available for substantial hours and actively seeking work, student status alone won't disqualify you. Make sure you document your job search efforts carefully - they'll want to see you're genuinely looking for employment that fits your availability.
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Lauren Johnson
•Good point about documenting job searches. I've been applying to places but haven't been keeping detailed records. Should I start a log?
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Olivia Evans
•Absolutely! Keep track of where you applied, when, and what happened with each application. NYS Department of Labor may ask for this information.
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Sophia Bennett
Ugh the whole system is so confusing! I was in a similar situation last year and couldn't get a straight answer from anyone. Called the NYS Department of Labor like 50 times and kept getting different responses. Finally gave up because I couldn't get through to anyone who actually knew the rules.
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Daniel Price
•I had the same problem trying to reach someone at NYS Department of Labor! Eventually used a service called Claimyr that helps you get through to an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made it so much easier to get my questions answered about student eligibility.
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Aiden Chen
just make sure ur not getting financial aid that could affect things. sometimes theres conflicts between student aid and unemployment benefits but idk the specifics
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Zoey Bianchi
My cousin went through this exact situation when she was finishing her nursing program. The trick is proving you're genuinely available for work despite being in school. She had to show that her clinical rotations were flexible and she could work around them. Got approved eventually but it took some back and forth with adjudication.
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Hailey O'Leary
I'm currently dealing with this exact situation as a part-time student working retail! From what I've learned through my own research and filing process, the key factors NYS Department of Labor considers are: 1) You must have earned sufficient wages during your base period (usually first 4 of last 5 completed quarters), 2) You must be physically able to work, 3) You must be available for work during hours when jobs in your field are typically available, and 4) You must be actively seeking work. The student status itself isn't disqualifying, but your class schedule can't severely limit your availability. I'd recommend calling during off-peak hours (early morning or late afternoon) to speak with someone directly about your specific situation, since every case is different based on your work history and school schedule.
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Aidan Percy
•This is really comprehensive advice! I'm also curious about the base period wages requirement - do you know roughly how much you need to have earned to qualify? I've been working part-time for about a year but I'm not sure if my earnings are enough to meet the threshold for NYS Department of Labor benefits.
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