Confused about NY unemployment certification as per diem worker with no shifts last week

This is actually a common question for per diem workers. When certifying, you should answer that you did NOT work if you didn't pick up any shifts that week. Since no shifts were available (rather than you refusing offered shifts), you didn't refuse work either. Make sure to report 0 hours and $0 earnings for that week. The key is that you were available to work but no shifts were offered - this is different from refusing available work. As long as you remain available for shifts, you can typically claim for weeks when no work is offered.

im a per diem too and i just put 0 hours if i didnt work that week. never had any issues so far. as long as your honest about it your good

I'm in the EXACT same situation!!! Been per diem at a hospital for 2 years and some weeks I get NO shifts at all! I was SO nervous about answering wrong that I called unemployment like 20 times trying to get someone to explain it to me but could never get through. I ended up answering that I didn't work and didn't refuse work since nothing was offered to me. My claim was put on hold for two weeks while they "reviewed" it, but then the money came through all at once. Now I'm paranoid every week that they'll think I'm doing something wrong!!!!

Make sure you keep some kind of record showing you were available but not scheduled. Screenshot your work app or emails showing no shifts were available. DOL sometimes asks for proof later that you were telling the truth.

Just to clarify for everyone: Per diem work has specific guidelines for unemployment in NY. If you're on an "as needed" basis and no work was available during your claim week, you answer: 1. No, you did not work 2. No, you did not refuse work (since no work was offered) 3. Yes, you were ready, willing and able to work Important: If your employer offers shifts and you decline them, that counts as refusing work and must be reported. Also, when you do work, remember to report gross earnings (before taxes) for the week you performed the work, not when you get paid. Per diem workers can receive full benefits for weeks with no work and partial benefits for weeks with reduced hours as long as you earn below 1.5x your weekly benefit rate.

THE SYSTEM IS RIGGED AGAINST GIG WORKERS!!!! I was per diem for years and they CONSTANTLY put my account on hold because the system isn't designed for anyone but 9-5 workers. One week I'd get benefits, next week "we need more information" and my payments would stop for WEEKS while they "investigated." Then they'd release everything at once with no explanation. NIGHTMARE!!!!!

Thanks everyone for the helpful advice! I'm going to report that I didn't work but was available, and I'll start keeping better documentation of my availability and shift offerings. Really relieved to hear from other per diem workers who've navigated this successfully.

I had this same issue when I was doing substitute teaching. My advice is actually to call your employer's HR department too and ask them how they respond to unemployment verification requests for per diem workers with no shifts. That way you know both sides are giving consistent information. My school district had a specific way they verified my availability vs. when work wasn't available.