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Isla Fischer

Can you get unemployment for seasonal work in NY?

I've been working seasonal construction jobs for the past two years and winter is coming up again. My supervisor told me last week that my last day will be December 15th because of weather conditions. I know I'll probably get hired back in March when the season starts again, but I'm wondering if I can file for unemployment benefits during the winter months? I've never applied before and I'm not sure if seasonal workers qualify for NYS Department of Labor benefits. Does anyone know how this works?

Yes, seasonal workers can definitely qualify for unemployment benefits in New York! The key is that you need to have earned enough wages during your base period and be able and available for work. Since you're laid off due to lack of work (weather conditions), that's typically considered an eligible reason for UI benefits. You'll need to file your initial claim with NYS Department of Labor and then complete your weekly certifications.

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Isla Fischer

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That's good to hear! Do I need to actively look for other work during the winter or can I just wait for my seasonal job to start back up?

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Ruby Blake

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You'll still need to meet the job search requirements even if you expect to return to your seasonal employer. NYS Department of Labor requires you to make at least 3 job contacts per week and keep a log of your search activities. However, if your employer gives you a specific return-to-work date in writing, there might be some flexibility in how you meet these requirements.

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wait really?? I thought if you had a return date you didn't have to look for other jobs

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Ruby Blake

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That's a common misconception. Even with a return date, you still need to be actively seeking work unless you're on approved standby status, which is different and has specific requirements.

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Ella Harper

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I was in a similar situation last year with landscaping work. Filed for unemployment in November and it was approved pretty quickly. Just make sure you report any income if you pick up odd jobs during the winter. The weekly claim process is pretty straightforward once you get used to it.

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PrinceJoe

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One thing to watch out for - if you've only been working seasonal jobs for two years, make sure you check that you have enough wage credits in your base period. NYS Department of Labor looks at the first four of the last five completed calendar quarters before you file. Sometimes seasonal workers don't have enough wages if they had gaps between seasons.

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Isla Fischer

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How do I check my wage credits? I've been working pretty consistently during the seasons but there were definitely some weeks I didn't work due to rain.

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If you're having trouble getting through to NYS Department of Labor by phone to check your eligibility or file your claim, I had good luck using a service called Claimyr (claimyr.com). They help you get connected to an actual agent without sitting on hold forever. There's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me when I was stuck in adjudication limbo last winter.

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Owen Devar

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Interesting, never heard of that. Did it actually work or is it just another scam?

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It worked for me. I was able to talk to someone within a couple hours instead of calling for days. They don't ask for any personal info, just help you get through the phone system.

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Daniel Rivera

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The NYS Department of Labor system is so frustrating for seasonal workers! They act like everyone has a regular 9-5 job year round. I've been dealing with this for five years and every winter it's the same hassle trying to prove I'm eligible.

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Ella Harper

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I hear you on that. The online system definitely seems designed for traditional employees, not people with seasonal work patterns.

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I went through this exact same situation working seasonal roofing jobs! One tip that really helped me - when you file your initial claim, make sure to mention that your layoff is due to seasonal weather conditions. NYS DOL has specific provisions for weather-related layoffs in construction and outdoor work. Also, keep any documentation from your employer about the seasonal layoff (like that notice about December 15th being your last day) - it can help if there are any questions about your eligibility. The whole process was actually smoother than I expected once I got started.

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Thanks for sharing your experience! That's really helpful to know about mentioning weather-related layoffs specifically. I do have that notice from my supervisor about the December 15th date - should I scan it and upload it somewhere when I file, or just keep it on hand in case they ask for it later? Also, did you have to deal with any delays or issues during the application process, or was it pretty straightforward once you submitted everything?

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