Can you collect unemployment if you have vacation time remaining from previous job?
I got laid off from my job last month and I'm trying to figure out if I can file for unemployment benefits. The thing is, my former employer paid out some of my unused vacation time but not all of it - they said the rest would come in a separate check later this month. I'm worried this might affect my eligibility or delay my claim with NYS Department of Labor. Has anyone dealt with this situation before? Do I need to wait until I receive all vacation pay before filing, or can I start my claim now?
11 comments


Freya Ross
You can absolutely file for unemployment even if you have vacation pay coming. The key thing is when you receive it versus when your employment actually ended. NYS Department of Labor considers the vacation pay as wages for the period it covers, so it might affect specific weeks but won't prevent you from filing your initial claim. You should report the vacation pay when you receive it during your weekly claim certification.
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Butch Sledgehammer
•That's a relief! So I should go ahead and file now rather than waiting? I was worried they'd deny my whole claim.
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Leslie Parker
yeah i had vacation pay too when i got laid off last year. just make sure u report it on the right week when u actually get the money, not when u earned it
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Sergio Neal
Actually, it depends on how much vacation pay you're getting and what weeks it covers. If the vacation pay amount exceeds your weekly benefit amount for those weeks, you might not be eligible for unemployment benefits during those specific weeks. But you can still file your claim and then report the vacation pay when you do your weekly certifications. The system will automatically calculate if you're eligible for that week or not.
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Savanna Franklin
•Wait, so if my vacation pay is like $800 but my weekly benefit would be $350, I wouldn't get unemployment that week at all??
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Sergio Neal
•Correct - if your vacation pay for a week exceeds your weekly benefit amount, you won't receive unemployment benefits for that specific week. But once the vacation pay weeks are over, your regular benefits would resume.
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Juan Moreno
I was in a similar situation and had trouble getting through to NYS Department of Labor to ask about this exact thing. The phone lines are always busy and when I did get through, I got conflicting information. Finally used a service called Claimyr (claimyr.com) that helped me reach an actual agent who could explain how vacation pay affects weekly claims. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Made the whole process way less stressful than trying to navigate it alone.
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Butch Sledgehammer
•Thanks for the suggestion! The NYS Department of Labor phone system is definitely frustrating. I might check that out if I run into issues.
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Amy Fleming
dont overthink it just file and be honest about everything. the worst that happens is they tell u to wait a week or two
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TechNinja
I went through this same situation a few months ago. The important thing to remember is that vacation pay is allocated to specific time periods - usually the weeks immediately following your last day of work. So if you got laid off on a Friday and have 2 weeks of vacation pay coming, that pay typically covers the next two weeks. During those weeks, you might not be eligible for unemployment benefits (depending on the amount), but after that period ends, your regular benefits should kick in. Definitely file your initial claim right away though - there's usually a waiting period anyway, and you don't want to delay the process. Just be upfront about the vacation pay situation when you do your weekly certifications.
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Ella rollingthunder87
•This is really helpful! So basically the vacation pay acts like I'm still "employed" for those specific weeks it covers? That makes sense. I'm glad to hear I should file right away rather than waiting. Did you have any issues with the timing of when you reported the vacation pay - like if it came in a different week than expected?
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