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?
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Jibriel Kohn
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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Joshua Hellan
•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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Edison Estevez
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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Joshua Hellan
•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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Edison Estevez
•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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Emily Nguyen-Smith
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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James Johnson
•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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Sophia Rodriguez
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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Mia Green
•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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Sophia Rodriguez
•Never heard of that but I'm desperate at this point. Will definitely check it out, thanks!
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Emma Bianchi
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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Carmen Lopez
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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Isabella Ferreira
•This is really helpful advice! I'm in a similar situation and was worried about how to explain the home care work arrangement. Did you have any issues with the employer verification process? My agency is pretty small and I'm not sure how responsive they'll be when NYS Department of Labor contacts them.
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Zoe Christodoulou
•@Carmen Lopez That s'exactly what I needed to hear! I do get a W-2 and have taxes taken out, so it sounds like I should be good. I m'going to file my claim today - you re'right about not waiting. Did you face any challenges with the weekly certification process while looking for new home care positions? I m'wondering how specific I need to be about the types of jobs I m'applying for.
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Harper Collins
•@Carmen Lopez I really appreciate you sharing your experience! I m'actually in Joshua s'situation right now - just lost my home care position when my client moved to assisted living. Quick question: when you were doing your weekly certifications, did you run into any issues with the work search requirements? I m'finding it challenging to find 3 suitable home care positions to apply for each week in my area, and I m'worried about meeting that requirement while my claim is being processed.
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Zainab Ismail
•@Carmen Lopez This is really encouraging to hear! I was worried that my situation might be too unusual for unemployment benefits, but it sounds like NYS Department of Labor understands the home care industry pretty well. I do have all my W-2s and pay stubs saved, so I should have the documentation I need. One quick question - when you said to explain the work arrangement clearly, did you have to provide any specific details about your client or just focus on your employment relationship with the agency? I want to make sure I give them the right information without oversharing.
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