Can a seasonal employee collect unemployment benefits from NYS Department of Labor?
I've been working seasonal jobs for the past three years - mostly retail during holidays and landscaping in summer. My last seasonal position at a garden center ended two weeks ago and I won't have work again until spring. I'm wondering if I can file for unemployment benefits with NYS Department of Labor during these off-season months? I've heard conflicting information about whether seasonal workers are eligible. Has anyone been in a similar situation and successfully collected UI benefits between seasonal jobs?
14 comments


Anna Xian
Yes, seasonal employees can absolutely collect unemployment benefits in New York! The key is that you need to have earned enough wages during your base period and be able and available for work. Since you've worked multiple seasonal jobs over three years, you should have sufficient wage credits. When you file your weekly claims, you'll need to show you're actively seeking work even if seasonal positions aren't immediately available.
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TillyCombatwarrior
•That's reassuring to hear! Do I need to be looking for any type of work or can I focus on finding another seasonal position for next year?
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Jungleboo Soletrain
I had the same exact situation last year working seasonal retail. Filed my claim right after Christmas and had no problems getting approved. The NYS Department of Labor actually expects seasonal workers to file during off-periods. Just make sure you keep track of your job search activities because they do audit that stuff randomly.
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Rajan Walker
•How long did it take for your claim to get approved? I'm thinking about filing soon myself.
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Jungleboo Soletrain
•Mine was approved within about 10 days, no issues at all. Just had to do the standard phone interview to verify my work history.
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Nadia Zaldivar
wait i thought seasonal workers couldn't get unemployment?? my friend told me you had to work year round to qualify
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Anna Xian
•That's a common misconception! As long as you meet the wage and work requirements, being seasonal doesn't disqualify you. Your friend might be thinking of some other state's rules.
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Lukas Fitzgerald
The NYS Department of Labor phone system is absolutely terrible for getting through to ask these questions. I spent hours on hold last month trying to get clarification on my seasonal work eligibility. If you're having trouble reaching them, I found this service called Claimyr (claimyr.com) that actually got me connected to a real person in like 15 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration dealing with the automated system.
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Ev Luca
•Interesting, never heard of that before. Did they charge you anything?
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Lukas Fitzgerald
•Yeah there's a fee but honestly worth it to actually talk to someone instead of getting hung up on constantly. Way less stress than the regular phone line.
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Avery Davis
The whole system is broken anyway. They make it so complicated for seasonal workers when we're the ones who need the most help during off-seasons. I've been filing for three years now and every time they act like they've never seen a seasonal worker before!!! It's ridiculous that we have to jump through all these hoops.
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Ev Luca
•I feel you on the frustration but at least we can get benefits. Better than nothing I guess.
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Rajan Walker
One thing to watch out for - make sure your employer didn't classify you as an independent contractor instead of an employee. If you were a 1099 worker, that could complicate your eligibility. I learned this the hard way when I tried to file after my seasonal landscaping job ended.
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Malik Johnson
I'm in a very similar situation - just finished my seasonal job at a ski resort and won't have work again until next winter. From what I've researched, the key thing is that NYS looks at your total earnings over the "base period" (usually the first four of the last five completed calendar quarters) rather than whether your work was seasonal or year-round. As long as you earned enough wages during that period, you should qualify. I'd recommend filing online through the NYS DOL website as soon as possible since there's usually a waiting period before benefits start. Good luck!
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