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Miguel Diaz

Can you travel while on unemployment benefits in NY - NYS Department of Labor rules?

I've been collecting unemployment for about 2 months now and my sister wants me to visit her in Florida for a week. I'm worried this might mess up my benefits or cause problems with NYS Department of Labor. Do I need to report travel when I file my weekly claim? What if I miss my job search activities while I'm gone? Has anyone traveled while collecting UI benefits and had issues?

You can travel while on unemployment, but you need to be very careful about how you handle it. The key rule is that you must remain able and available for work during your trip. When you file your weekly claim, you'll need to answer honestly about your availability. If you're gone for just a few days and can return immediately for work, it's usually fine. Make sure you keep up with your job search requirements - you can apply for jobs online from anywhere.

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Thanks! So I should still answer 'yes' to being available for work if I could fly back quickly if someone called for an interview?

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I traveled to visit family last year while on unemployment and didn't have any problems. The important thing is you can't lie on your weekly certification. If you're asked about looking for work, you need to have actually done job searches that week. I brought my laptop and applied to jobs from my mom's house. NYS Department of Labor never questioned it.

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How long were you gone? I'm thinking about a 10-day trip but nervous about being away that long.

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Be really careful with this. A friend of mine got in trouble because she went on vacation for 2 weeks and marked that she was available for work the whole time. NYS Department of Labor found out somehow and she had to pay back benefits. If you're not truly available - meaning you couldn't accept a job or go to an interview - you shouldn't claim those days.

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Yikes, how did they find out? That's exactly what I'm worried about.

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I think she posted vacation photos on social media with dates, and then her former employer saw them and reported it during some kind of audit. Probably rare but it happens.

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I've been trying to get through to NYS Department of Labor for weeks to ask about this exact question! Their phone lines are impossible. Does anyone know if there's a way to actually talk to someone there about travel rules?

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I had good luck using claimyr.com when I needed to reach an actual NYS Department of Labor agent about a complicated issue. They help you get through the phone system faster - there's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Way better than sitting on hold for hours.

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Never heard of that but I'll check it out. Anything is better than the runaround I've been getting.

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just went to miami for my friends wedding while collecting benefits, no big deal. answered yes to all the questions like normal and never heard anything about it

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That's risky advice. You're supposed to be honest about your availability. A weekend wedding trip is different from a week-long vacation.

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The safest approach is to not claim benefits for the days you're definitely not available for work. Yes, you'll lose some money, but it's better than getting hit with an overpayment notice later. NYS Department of Labor takes the 'able and available' requirement seriously, especially post-COVID when they're cracking down on fraud.

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This is really solid advice. I went through something similar last year - took a 5-day trip to see my grandparents and chose not to claim benefits for those days rather than risk any complications. Lost about $400 but it gave me peace of mind. Better to be conservative with NYS Department of Labor, especially since overpayment notices can be a nightmare to deal with.

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