Can students collect unemployment benefits from NYS Department of Labor?
I'm a college senior graduating in May and just got laid off from my part-time job at a restaurant. I've been working there for almost two years, about 25 hours a week. My friend said students can't get unemployment but I'm not sure if that's true? I'm still taking 12 credits this semester but I really need the income to pay rent and bills. Has anyone been a student and successfully filed for unemployment with NYS Department of Labor? What are the rules about this?
30 comments


CosmicCadet
Students CAN collect unemployment in New York, but there are specific requirements you need to meet. The key is that you must be available for work and actively seeking employment. Being enrolled in school doesn't automatically disqualify you, but NYS Department of Labor will look at your class schedule to determine if you're truly available for full-time work. If your classes are only during certain hours and you can work around them, you should be eligible.
0 coins
Omar Farouk
•That's helpful! My classes are mostly Tuesday/Thursday mornings so I could definitely work other times. Do I need to mention I'm a student when I file my claim?
0 coins
Chloe Harris
You absolutely need to report that you're a student when filing. NYS Department of Labor has specific questions about school enrollment during the application process. Don't try to hide it - they'll find out anyway when they verify your information. The important thing is proving you're able and available for work despite being in school. Keep documentation of your class schedule to show you have availability.
0 coins
Diego Mendoza
•This is exactly right. I was a grad student working part-time and got approved for unemployment when my job ended. Just be honest about your schedule and show you can work around classes.
0 coins
Anastasia Popova
wait i thought students couldn't get unemployment at all?? my advisor told me that last year when i lost my campus job. maybe she was wrong or things changed??
0 coins
CosmicCadet
•Your advisor might have been thinking of work-study jobs or other campus employment, which can have different rules. Regular off-campus employment where you pay into unemployment insurance should make you eligible if you meet the other requirements.
0 coins
Sean Flanagan
I had such a hard time getting through to NYS Department of Labor when I was dealing with a similar situation last semester. Kept calling and either got busy signals or got disconnected after waiting forever. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person at NYS Department of Labor to discuss my student status and work availability. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process so much easier than trying to call on my own.
0 coins
Omar Farouk
•Thanks for sharing that! I was already dreading trying to call them. How long did it take to get connected through that service?
0 coins
Sean Flanagan
•Way faster than calling directly. Got through to someone who could actually answer my questions about student eligibility instead of just getting the runaround.
0 coins
Zara Shah
The NYS Department of Labor system is so confusing about this stuff. I remember when I was in school I applied and they made me jump through hoops to prove I wasn't just looking for summer work. Had to show my work history, prove I was working while taking classes, submit my class schedule... it was a nightmare but I eventually got approved. The worst part was they kept asking the same questions over and over during the adjudication process.
0 coins
NebulaNomad
•ugh that sounds terrible
0 coins
CosmicCadet
Just to clarify the key points for student eligibility: 1) You must have sufficient work history and earnings to qualify (same as any other claimant), 2) You must be able and available for work around your class schedule, 3) You must actively search for work and accept suitable job offers, 4) You need to honestly report your student status and provide your class schedule when requested. Being a student doesn't disqualify you, but it does add extra scrutiny to your claim.
0 coins
Ravi Sharma
I went through this exact situation when I was a senior! Working part-time while in school definitely counts for unemployment eligibility in NY. The main thing is making sure you can show you're available for work despite your class schedule. Since you were working 25 hours a week while taking classes, that's actually good evidence that you can balance both. When you file, they'll ask about your availability - just be specific about what hours/days you can work around your Tuesday/Thursday classes. Also keep records of your job search efforts because they'll want to see you're actively looking for work. The restaurant experience should help you find similar positions that can work with a student schedule.
0 coins
Javier Morales
•This is really reassuring to hear from someone who went through the same thing! I'm glad you mentioned keeping records of job searches - I hadn't thought about that part yet. Since you had success with this, did you face any delays or additional questions during the process because of your student status? I'm hoping to get this sorted out quickly since graduation is coming up and I'll need to transition to full-time job hunting anyway.
0 coins
Amina Bah
•@Ravi Sharma That s'really helpful to know you went through the same situation! Did NYS Department of Labor require any specific documentation about your class schedule, or was it enough to just tell them your availability during the phone interview? I m'trying to get all my paperwork ready before I file since everyone s'saying the process can be complicated for students.
0 coins
Zoe Gonzalez
•@Ravi Sharma I m'in a really similar boat - senior year, part-time restaurant job, need the benefits to cover expenses. Did you run into any issues with the weekly certification process? I m'worried they might question my availability week to week since my final semester schedule might change with thesis work and job interviews. Also, since you mentioned balancing job searches with being a student, how did you handle explaining to potential employers that you were still finishing school but available to work? I don t'want to hurt my chances at getting hired while collecting benefits.
0 coins
Paolo Conti
One thing that really helped me when I was a student collecting unemployment was to be proactive about documenting everything. I kept a simple spreadsheet tracking my job applications, interviews, and any contact with potential employers. NYS Department of Labor requires you to make at least 3 work search contacts per week, and having detailed records made the weekly certifications much smoother. Also, don't worry too much about explaining your student status to employers - many part-time and flexible positions are actually designed for students. Just be upfront about your availability and graduation timeline. Most employers appreciate the honesty, and since you're graduating soon anyway, it shows you're planning to transition to full-time work. The key is demonstrating that you're genuinely seeking employment, not just collecting benefits while focusing only on school.
0 coins
Omar Zaki
•This is such great advice about keeping detailed records! I'm definitely going to set up a spreadsheet before I start filing. Quick question - when you say 3 work search contacts per week, does that include just applying online or do you need to actually talk to someone? I'm planning to focus on restaurant and retail jobs since that's my experience, but I'm wondering if online applications through company websites count or if I need to be calling/visiting places in person too.
0 coins
Connor Murphy
I was actually in almost the exact same situation last year - senior year, part-time restaurant job, got laid off mid-semester. The good news is that yes, students can absolutely collect unemployment in NY! The process was a bit more involved than for non-students, but totally doable. A few things that helped me: 1) I prepared a written statement about my availability that included specific hours I could work around my class schedule, 2) I gathered pay stubs showing consistent work history while enrolled, and 3) I documented that I was actively job searching in fields compatible with my school schedule. The NYS Department of Labor did ask detailed questions about my student status during the phone interview, but once I showed I was genuinely available for work and had been successfully balancing both for years, they approved my claim. Don't let anyone tell you students can't get benefits - that's a common misconception. Just be thorough with your documentation and honest about your situation. You've got this!
0 coins
Jamal Wilson
•@Connor Murphy This is exactly what I needed to hear! Thank you so much for sharing your experience. I m'feeling a lot more confident about applying now. The written statement about availability is a really smart idea - I m'going to prepare something similar showing how I ve'been managing 25 hours/week at the restaurant while keeping up with my coursework. It sounds like the key is really just proving that being a student doesn t'prevent me from working, which my employment history should demonstrate. Did you have any trouble with the weekly certifications, or was it pretty straightforward once you got approved?
0 coins
Anastasia Fedorov
•@Connor Murphy Really appreciate you sharing your experience! I m'in a similar boat and was getting mixed information about student eligibility. The written availability statement is brilliant - I m'definitely going to prepare one showing my work history and current schedule flexibility. One follow-up question: when they did the phone interview, did they ask for any specific documentation right away, or did they request things as the process went along? I want to have everything ready upfront to avoid delays. Also, did you find that having restaurant experience actually helped with finding suitable work during your job search requirement? I m'hoping my food service background will make it easier to find positions that work with my final semester schedule.
0 coins
Josef Tearle
•@Connor Murphy This is super helpful! I m'actually the original poster and was getting worried after hearing conflicting information. Your experience gives me hope that this will work out. The written availability statement is such a smart approach - I m'going to draft one showing how I ve'successfully worked 25 hours/week while maintaining my coursework for almost two years. That should prove I can balance both responsibilities. I m'curious about the timeline - how long did it take from when you first applied to when you got your first payment? I need to plan my finances carefully since I still have rent and bills to cover while job searching. Also, did you find that most employers were understanding about your student status when you were doing your required job searches?
0 coins
Jade O'Malley
•@Connor Murphy Thank you so much for this detailed response! As someone who s'been working in restaurants for a while, I m'really encouraged to hear from someone who went through this exact situation. Your point about preparing a written availability statement is brilliant - I never would have thought of that. I m'definitely going to put together something showing my consistent work history while enrolled and my specific available hours around my Tuesday/Thursday class schedule. One thing I m'wondering about - when you were doing your required job searches, did you stick mainly to restaurant/food service positions, or did you branch out to other types of work? I m'trying to figure out if I should focus on what I know or if the Department of Labor expects me to apply more broadly. Also, roughly how long did the whole approval process take? I know every case is different, but I m'trying to plan financially while I wait for things to get sorted out.
0 coins
Carmella Fromis
•@Connor Murphy This gives me so much hope! I m'actually in my final semester too and just lost my campus bookstore job. I was told by someone in financial aid that students couldn t'get unemployment, but your experience proves that wrong. The written availability statement is genius - I m'going to prepare one showing I ve'been working 20+ hours while maintaining a full course load for three years. Did you find that having a consistent work history while enrolled was the key factor that convinced them? Also, I m'wondering about the job search requirements - were you able to focus on part-time positions that worked with your schedule, or did they expect you to apply for full-time jobs too? I graduate in December so I want to make sure I m'doing everything right to avoid any issues with my claim.
0 coins
Olivia Martinez
•@Connor Murphy This is incredibly helpful! I m'actually dealing with a very similar situation right now - senior year, part-time job, just got laid off. Your approach with the written availability statement is something I never would have thought of but makes perfect sense. I ve'been working consistently while in school for over a year, so I should be able to show that same pattern of availability. One question - when you mention they asked detailed questions during the phone interview, were these mostly about your class schedule and work availability, or did they dig into other aspects of your student status too? I want to make sure I m'prepared for whatever they might ask. Also, did you find that the job search requirement was manageable while still keeping up with your final semester coursework? I m'trying to figure out how to balance everything effectively.
0 coins
Lily Young
Hey Omar! I was in your exact situation two semesters ago - senior year, part-time restaurant job (I worked at a diner), got my hours cut way back. I successfully filed for unemployment with NYS Department of Labor as a student. The key things that worked for me: be completely honest about being enrolled, have your class schedule ready to show your availability (your Tues/Thurs morning classes actually sound ideal), and keep good records of your work history while in school. Since you've been consistently working 25 hours/week for two years while taking classes, that's perfect proof you can balance both. I'd recommend calling early in the morning (like 8am) to avoid the worst phone wait times, or honestly that Claimyr service someone mentioned above actually did help me get through faster. The whole process took about 3 weeks for me from application to first payment. Don't let anyone discourage you - students absolutely can get benefits if they meet the work requirements and show availability!
0 coins
Ethan Wilson
•@Lily Young Thanks so much for sharing your experience! It s'really reassuring to hear from someone who was in such a similar situation. The 3-week timeline is helpful to know for planning purposes. I m'definitely going to try calling early morning like you suggested, though that Claimyr service sounds like it might be worth trying too if the phone lines are as bad as everyone says. Quick question - when you say you kept good records of your work history while in school, did NYS Department of Labor actually ask to see pay stubs or other documentation, or was it more about being able to verbally explain your work pattern during the interview? I want to make sure I have everything organized before I start the process.
0 coins
Nia Watson
•@Lily Young This is super helpful! I m'actually dealing with the same situation right now - just lost my retail job while finishing up my degree. The 3-week timeline gives me a realistic expectation for planning my budget. I m'curious about the record-keeping part you mentioned - did you just keep your pay stubs and work schedules, or were there other documents that helped demonstrate your work-study balance? Also, when you called at 8am, were you usually able to get through pretty quickly, or did you still have to wait on hold for a while? I m'trying to figure out the best strategy for actually reaching someone at NYS Department of Labor since everyone seems to struggle with that part.
0 coins
Malik Johnson
•@Lily Young This is exactly what I needed to hear! I m'the original poster and was starting to worry after getting mixed advice from different people. Your experience gives me confidence that this is definitely doable. The 3-week timeline is really helpful for budgeting - I was hoping it wouldn t'take months to get sorted out. I love the tip about calling at 8am, though I might try that Claimyr service first if it really does help avoid the phone wait nightmare everyone talks about. Since you mentioned keeping good records, I m'going to organize all my pay stubs and work schedules from the past two years to show the consistent pattern. One last question - during your weekly certifications after getting approved, did they continue to ask questions about your student status, or was it pretty routine once you were in the system? I want to make sure I stay on top of everything properly.
0 coins
Andre Lefebvre
•@Lily Young This is so helpful to hear from someone who actually went through it! I m'a junior and just lost my campus dining job due to budget cuts. Your timeline of 3 weeks is really good to know - I was worried it might take months. The early morning calling tip is smart, though I might also try that Claimyr service others mentioned since the phone system sounds like a nightmare. One question about the documentation - did they ask for your actual class schedule/transcript, or was it enough to just verbally explain your availability during the interview? I want to have everything ready before I apply. Also, did you find that working in food service actually helped with the job search requirements since there are usually flexible positions available in that field?
0 coins