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?
19 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
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
Rita Jacobs
•@Lily Young Thank you so much for this detailed breakdown! As someone who s'been stressing about this whole situation, hearing from someone who successfully navigated it as a student is incredibly reassuring. The 3-week timeline helps me plan my expenses, and I m'definitely going to try the early morning calling strategy. I m'also going to get all my pay stubs and work schedules organized like you suggested - having that employment history while enrolled should really help my case. One thing I m'wondering about - did you face any additional scrutiny during the process because of your student status, or was it pretty straightforward once you showed your work availability? I keep hearing mixed things about how difficult it can be for students, so your positive experience gives me hope that it s'really just about being prepared and honest about your situation.
0 coins