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Joshua Hellan

Can home care workers collect NYS Department of Labor unemployment benefits?

I've been working as a home health aide for the past 8 months taking care of an elderly client. My client recently had to move into a nursing facility and I lost my position. I'm wondering if home care workers like me are eligible for unemployment benefits through NYS Department of Labor? I'm not sure if my work situation qualifies since I wasn't exactly a traditional employee. Has anyone been through this process before?

Yes, home health aides and personal care attendants are generally eligible for unemployment benefits in New York if they meet the standard requirements. The key is whether you were classified as an employee (not an independent contractor) and whether your employer paid unemployment insurance taxes on your wages. You'll need to file your initial claim through the NYS Department of Labor website and provide your employment history.

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Thank you! I think I was classified as an employee since they took taxes out of my paychecks. Do I need any specific documentation when I file?

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I work in home care too and collected unemployment last year when my client passed away. The process was pretty straightforward through my.ny.gov. Just make sure you have your employer information ready and all your wage records. NYS Department of Labor will verify your employment during the adjudication process.

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How long did your adjudication take? I'm worried about the wait time since I need to start paying bills soon.

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Mine took about 2 weeks but that was during a slower period. Just file as soon as possible and make sure to do your weekly claims even while it's processing.

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be careful about the job search requirements though!! NYS Department of Labor makes you apply for work and keep a log of all your applications even if you're hoping your old client might need you back

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Actually that's a good point about the job search requirement. You need to apply for at least 3 jobs per week and document everything in the job search log. Home care positions count but you can't just keep applying to the same agency over and over.

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ugh the NYS Department of Labor phone system is IMPOSSIBLE if you need to talk to someone about your claim. I've been trying to get through for weeks about an issue with my home care employment verification and keep getting disconnected

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Have you tried using Claimyr? I found out about it when I was having the same problem getting through to NYS Department of Labor. It's a service that helps you actually reach an agent - check out claimyr.com and there's a demo video at https://youtu.be/qyftW-mnTNI. Saved me hours of calling and getting nowhere.

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Never heard of that but I'm desperate at this point. Will definitely check it out, thanks!

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Just want to say good luck with your claim! I know how stressful it is when you lose a client unexpectedly. The home care field can be so unpredictable with employment.

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I went through this exact situation about 6 months ago when my elderly client had to be hospitalized long-term. As long as you were getting a W-2 and had taxes withheld, you should definitely qualify. The most important thing is to file your claim immediately - don't wait! When I filed, I had to provide my employer's name (the home care agency), their federal ID number, and my dates of employment. The NYS Department of Labor was actually pretty understanding about home care work situations. Just be prepared to explain your work arrangement clearly in case they have questions during the review process.

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