Can you get unemployment if you're in school - NYS Department of Labor eligibility rules?
I'm a college student who just lost my part-time job at a restaurant and wondering if I can file for unemployment benefits with NYS Department of Labor while still enrolled in classes. I was working about 25 hours a week for the past 8 months and they laid me off due to budget cuts. My friend said students can't get UI but I'm not sure if that's true. Does anyone know the actual rules about being in school and collecting unemployment benefits?
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Miranda Singer
Yes, you can potentially get unemployment while in school, but there are specific requirements. You need to be able and available for work, which means you can't let your class schedule interfere with accepting suitable employment. NYS Department of Labor will look at whether your school schedule allows you to work full-time hours if a job becomes available.
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Aliyah Debovski
•That makes sense. My classes are only Monday/Wednesday/Friday mornings so I should be available most of the time. Do I need to mention my school enrollment when I file my weekly claim?
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Cass Green
I was in school when I got laid off last year and NYS Department of Labor approved my claim. The key thing is proving you're actively looking for work and available during normal business hours. They might ask about your class schedule during the phone interview.
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Finley Garrett
•Did they make you provide documentation about your school schedule or just ask about it verbally?
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Madison Tipne
You'll need to report your student status honestly on your application. NYS Department of Labor evaluates each case individually. The main factors are: 1) Can you work full-time if offered a job? 2) Are you actively seeking employment? 3) Did you have sufficient work history to qualify? Being a student doesn't automatically disqualify you, but your availability will be scrutinized.
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Aliyah Debovski
•Thanks for the detailed breakdown! I definitely meet the work history requirement and I'm actively job hunting. My schedule is pretty flexible too.
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Holly Lascelles
honestly the whole system is confusing... i tried to apply when i was in school and they kept asking me weird questions about my availability. took forever to get through to anyone at NYS Department of Labor to explain what they actually wanted
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Malia Ponder
•If you're having trouble reaching NYS Department of Labor by phone, I had success using Claimyr (claimyr.com) to get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made it way easier to get my student status questions answered directly instead of guessing what they wanted.
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Kyle Wallace
Make sure you're ready to accept work that conflicts with your class schedule if they offer it, because that's what 'able and available' means in practice
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Mohammad Khaled
•That's a really important point Kyle. @caf6077ba93b Aliyah, you should be prepared that if they offer you a full-time job that conflicts with your class schedule, you might have to choose between the job and maintaining your unemployment benefits. The "able and available" requirement is pretty strict - they want to know you'll prioritize work opportunities over school if it comes down to it.
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