Does attending school affect unemployment benefits in NY - confused about work search requirements
I just got laid off from my retail job and want to file for unemployment while I finish my associate degree. I'm taking 4 classes this semester (12 credits) and wondering if this will mess up my benefits? I keep reading conflicting info about whether NYS Department of Labor considers you 'available for work' if you're a student. My classes are mostly online except for one lab on Tuesdays. Has anyone dealt with this situation? I really need the income to pay rent while I finish school.
13 comments


Nia Thompson
You can receive unemployment while attending school in NY, but there are specific requirements. You need to be available for work during normal business hours and able to accept suitable employment even if it conflicts with your class schedule. The key is demonstrating you're actively seeking work and would take a job if offered, even if it means adjusting your school schedule.
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Luca Esposito
•So I need to be willing to drop classes if I get a job offer? That seems really harsh when I'm so close to graduating.
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Mateo Rodriguez
been there! i collected UI while doing my nursing program. you just have to do the work search stuff and be available. i scheduled my classes for evenings and weekends when possible
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GalaxyGuardian
The NYS Department of Labor has updated their policies since COVID. You'll need to register for work search activities and apply for jobs weekly. When you certify each week, you'll need to indicate you're available for work. If your class schedule is too restrictive (like full-time day classes), they may determine you're not available for suitable employment.
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Aisha Abdullah
•This is confusing because I thought they made it easier for students after the pandemic? My friend collected benefits while in school last year with no issues.
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Ethan Wilson
THE SYSTEM IS RIDICULOUS! They want you to get education and skills but then punish you for trying to better yourself. I had to withdraw from my classes when they threatened to cut my benefits because I couldn't prove I was 'available' for work during class hours. Complete catch-22 situation.
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GalaxyGuardian
I had trouble getting through to NYS Department of Labor to clarify this exact issue when I was in community college. After weeks of busy signals and dropped calls, I found this service called Claimyr (claimyr.com) that helped me actually speak to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped me get clarification on the student availability requirements directly from an agent.
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Luca Esposito
•Thanks! I've been trying to call for days with no luck. I'll check out that service.
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Yuki Tanaka
What about work-study programs? Does that count as being available for work or does it complicate things even more? I'm so stressed about losing my benefits over this.
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Carmen Diaz
just be honest on your weekly claims about your availability. if you can work around your class schedule most employers will accommodate students anyway. retail and food service jobs are pretty flexible
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Nia Thompson
•This is good advice. Document your job search efforts that show you're applying for positions compatible with your schedule. Keep records of applications and any interviews in case NYS Department of Labor requests verification.
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Keisha Taylor
I'm in a similar situation - finishing my last semester while collecting benefits. What worked for me was being very specific about my availability when I certify each week. I indicate I'm available Monday, Wednesday, Friday all day, and Tuesday/Thursday after 2pm (after my lab). I've been applying to part-time positions that specifically mention student-friendly schedules or evening/weekend shifts. So far no issues with NYS Department of Labor. The key seems to be showing genuine job search activity and realistic availability rather than claiming you're available 24/7 when you're clearly not due to classes.
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Sarah Ali
•This is really helpful! I like your approach of being specific about your actual availability rather than just saying you're available anytime. Did you have to provide any documentation to NYS Department of Labor about your class schedule, or do they just go by what you report during weekly certification? I'm worried they might ask for proof of my course schedule if they audit my claim.
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