Can per diem employees collect unemployment - NYS Department of Labor eligibility question
I've been working per diem at a medical facility for about 8 months but they've basically stopped calling me for shifts over the past 3 weeks. I'm not technically laid off since I'm still on their roster, but I'm getting zero hours. Can per diem employees file for unemployment benefits with NYS Department of Labor? I'm confused about whether this counts as being unemployed or just having reduced hours. Has anyone dealt with this situation before?
11 comments


Daniel Washington
Yes, per diem workers can potentially qualify for unemployment benefits in New York. The key is whether you meet the earnings requirements and are available for work. Since you're getting zero hours, you might qualify for full benefits rather than partial. You'll need to report that you're still technically employed but not receiving work assignments when you file your weekly claims.
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Lauren Zeb
•Thanks! Do I need to quit first or can I file while still technically on their roster? I don't want to mess up my eligibility.
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Aurora Lacasse
I was in a similar situation last year with per diem nursing work. NYS Department of Labor approved my claim even though I was still on the books. The important thing is documenting that you're available for full-time work and actively seeking employment. Keep records of when you contact them asking for shifts and when they don't have any available.
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Anthony Young
•wait so you dont have to officially quit per diem work to get unemployment? that seems weird to me
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Aurora Lacasse
•No, you don't have to quit. Per diem means you're only paid when you work. If they're not offering work, you're essentially unemployed through no fault of your own.
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Charlotte White
Be careful about how you answer the weekly certification questions. You need to report that you're still technically employed but getting zero hours. Also make sure you're actively looking for other work and can accept full-time employment if offered. The job search requirement still applies even if you're hoping your per diem place calls you back.
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Lauren Zeb
•Good point about the job search requirement. I wasn't sure if I still needed to do that since I'm hoping they'll start calling me again.
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Admin_Masters
I had trouble getting through to NYS Department of Labor when I had questions about my per diem situation. If you need to speak with someone directly about your specific case, I used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made it way easier than trying to call myself and getting hung up on.
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Matthew Sanchez
•Never heard of that but honestly anything is better than spending hours on hold with NYS Department of Labor just to get disconnected
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Ella Thompson
Just make sure you have all your wage records ready when you apply. Per diem workers sometimes have irregular pay periods so NYS Department of Labor might need extra documentation to verify your earnings base period.
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Carmella Popescu
I'm actually going through this exact same situation right now with a per diem position at a hospital. Filed my claim about 2 weeks ago and it was approved. The key things that helped me were: 1) I documented every time I called asking for shifts and they said none were available, 2) I made sure to emphasize in my application that I was available for full-time work elsewhere, and 3) I was honest about still being on their roster but receiving zero hours. The process was pretty straightforward once I understood that per diem with no hours offered = unemployed through no fault of your own. Good luck with your claim!
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