Are unemployment benefits retroactive if I file my NYS Department of Labor claim late?

In New York, unemployment benefits are NOT retroactive to your job loss date. Your benefit year starts the week you file your initial claim with NYS Department of Labor. However, you can backdate your claim up to 4 weeks if you have good cause for the delay. You'll need to explain why you didn't file immediately - things like illness, lack of internet access, or waiting for employer callback can qualify as good cause.

yeah you definitely should have filed right away.. i made the same mistake when i got laid off from my restaurant job last year and lost out on 2 weeks of benefits because they wouldn't backdate it

The backdating policy is strict but not impossible. When you file, there will be an option to request backdating on your application. You'll need to provide documentation supporting your reason for the delay. Waiting for employer callback alone usually isn't considered good cause, but if you can show you were actively in discussions with your employer about return dates, that might help. The key is being honest about your circumstances and providing any evidence you have.

This whole system is so confusing! Why don't they make it clear that you need to file immediately? I almost made the same mistake but my friend warned me. The NYS Department of Labor website should have bigger warnings about this.

I had a similar issue last year trying to get through to NYS Department of Labor to ask about backdating. The phone lines were constantly busy and I couldn't get answers. I ended up using a service called Claimyr (claimyr.com) that helped me get connected to an actual NYS Department of Labor agent. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. The agent was able to walk me through the backdating process and what documentation I needed. Saved me a lot of time and stress.

Just wanted to add that even if you can't get backdating approved, don't let that discourage you from filing now. Three weeks of lost benefits is better than continuing to lose more weeks. File your claim today and start your weekly certifications right away.

I went through this exact situation 6 months ago when I was laid off from my retail job. I waited 2 weeks thinking I'd get called back and was panicking about losing those benefits. Here's what I learned: definitely file your claim TODAY and request backdating immediately. When you apply online, there's a section where you can explain why you delayed filing. I wrote that I was in active communication with my employer about potential recall and included screenshots of texts/emails. NYS DOL approved my backdating for both weeks! The key is being thorough in your explanation and providing any proof you have of employer communication. Don't give up hope - you still have a good chance of getting those 3 weeks if you have documentation of your employer discussions.

I work as a benefits counselor and see this situation frequently. The good news is that NYS DOL does allow backdating up to 4 weeks if you can demonstrate good cause. Based on what you've described, having text messages from your supervisor about potential callback dates is actually strong evidence for your backdating request. When you file, make sure to select "yes" when asked if you want to request backdating, then provide a clear timeline of events. Include screenshots of all communications with your employer and explain that you delayed filing because you were actively engaged in discussions about returning to work. I've seen similar cases approved, especially when there's documented employer communication about recall possibilities. The key is being specific about dates and providing all available documentation. File as soon as possible though - the longer you wait, the harder it becomes to justify the delay.

I went through something very similar when I was laid off from my manufacturing job last year. I waited almost a month thinking they'd call me back, and I was kicking myself when I finally realized I needed to file. Here's what I learned from my experience: NYS DOL approved my backdating for 3 out of the 4 weeks I requested. The key was that I had saved all my text messages with my supervisor and emails from HR about "temporary layoffs" and discussions about when production might resume. When I filed my claim, I wrote a detailed explanation that included specific dates of each conversation and what was discussed. I also mentioned that as a first-time filer, I genuinely didn't understand the urgency of filing immediately. They seemed understanding of that. My advice: file TODAY, be completely honest about why you waited, include every piece of communication you have with your employer, and don't give up hope. Even if you only get partial backdating, it's better than nothing. The whole process took about 3 weeks to get a decision, but it was worth the wait. Good luck!

I'm in the exact same boat right now - got laid off from my construction job 2.5 weeks ago and kept thinking they'd call me back for the next project. My foreman even told me "we'll probably have something in a week or two" but now it's looking like that's not happening. Reading through all these responses is really eye-opening - I had no clue that waiting could cost me those weeks of benefits. I've got some text exchanges with my supervisor too about potential work coming up. Definitely going to file my claim tomorrow and request backdating. It's crazy that they don't make this more obvious when you get laid off. Thanks everyone for sharing your experiences, especially those who got approved for backdating - gives me hope that having those supervisor communications will help my case!