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.

I'm also per diem in healthcare and went through this exact confusion when I first started claiming! One thing that helped me was understanding that NY unemployment recognizes per diem work as legitimate employment - you're not trying to "game" the system, you're just dealing with the nature of on-call work. The key is consistency in how you report. Always report truthfully: if no shifts were available, you didn't work and didn't refuse work. If shifts were offered but you couldn't take them (sick, prior commitment, etc.), that's when you'd report refusing work. I've been doing this for 8 months now with no issues. The system actually handles per diem workers better than people think - it's designed to account for variable schedules. Just keep good records and you'll be fine!

I'm a per diem nurse and had this exact same panic when I started collecting! What really helped me was realizing that the certification questions are pretty straightforward when you break them down. For weeks with no shifts: 1) Did you work? No (because you literally didn't work any hours). 2) Did you refuse work? No (because no work was offered to refuse). 3) Were you able and available? Yes (assuming you were ready to pick up shifts if offered). The system is actually designed to handle variable work schedules - healthcare has tons of per diem workers so DOL sees this situation constantly. I've been certifying for 6 months now and never had an issue. Just report honestly and don't overthink it. The worst thing you can do is second-guess yourself and give inconsistent answers week to week!

I was in almost the exact same boat as you! Per diem pharmacy tech here and I was terrified I'd mess up my claim when I first started. Here's what worked for me: I treat each week like a snapshot - did I physically work hours that week? If no shifts were available and I worked 0 hours, then I didn't work. Since I wasn't offered any shifts to turn down, I didn't refuse work either. I always mark that I was available because I genuinely was ready to pick up shifts if they'd been offered. Been doing this for about 4 months now and haven't had any issues. The key is just being consistent and honest - don't try to outsmart the system, just answer based on what actually happened that week. You've got this!

I'm also a per diem worker (home health aide) and went through this same confusion! What helped me was keeping a simple log each week - I write down if shifts were offered, if I accepted/declined them, and how many hours I actually worked. This way when I certify, I can just look at my notes instead of trying to remember. For weeks with no available shifts, I report 0 hours worked and that I didn't refuse work since nothing was offered. I also learned to screenshot my scheduling app showing my availability but no assigned shifts - this saved me when DOL asked for documentation once. The main thing is being consistent in how you report and keeping some kind of record. I've been collecting for about 5 months now with no issues using this approach.

I'm a per diem respiratory therapist and I completely understand your anxiety about this! I went through the exact same panic when I first started claiming benefits. What really helped me was realizing that per diem workers are actually pretty common in healthcare, so the DOL system is set up to handle our situation. Here's my simple approach: if I didn't pick up any shifts that week because none were available, I report that I didn't work (0 hours) and didn't refuse work (since no shifts were offered to refuse). I always mark that I was available and able to work because I genuinely was. I've been doing this for about 7 months now and the only time I had any questions from DOL was when I forgot to report some overtime pay correctly - totally my own mistake. The system actually works pretty well for us once you get the hang of it. Just be honest about what actually happened each week and you'll be fine. Don't let the horror stories online psych you out - most of us per diem workers navigate this successfully!