How does NYS Department of Labor decide how much unemployment you get - confused about benefit calculation
I just got approved for unemployment benefits after being laid off from my restaurant job last month, but I'm really confused about how they calculated my weekly benefit amount. My notice says I'll get $347 per week but I was making way more than that when I was working full time. I thought unemployment was supposed to replace most of your income? Can someone explain how NYS Department of Labor actually figures out these amounts? I looked at their website but all the formulas and base period stuff is really confusing.
12 comments


Natasha Kuznetsova
NYS Department of Labor uses your earnings from what they call the 'base period' - which is usually the first 4 of the last 5 completed calendar quarters before you filed. They take your highest quarter earnings, divide by 26, and that's your weekly benefit rate (up to the maximum). So if your highest quarter was $9,022, you'd get $347/week. The maximum weekly benefit in NY is currently $504.
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FireflyDreams
•That makes more sense! I was wondering why they weren't using my recent pay stubs. So it's based on older earnings, not what I was making right before I got laid off?
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Javier Morales
yeah the base period thing trips everyone up at first... I had the same confusion when I filed last year
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Emma Anderson
The benefit calculation can be tricky if you had inconsistent income or recently started a higher-paying job. If your recent quarters had significantly higher earnings than your base period, you might want to check if you qualify for using an alternate base period. You can contact NYS Department of Labor to see if this would give you a higher benefit amount. Also remember this is about 50% income replacement, not full replacement.
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FireflyDreams
•I did get a raise about 6 months ago, so maybe that's why the amount seems low compared to what I was expecting. How do I ask about the alternate base period?
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Malik Thompson
•You'll probably need to call NYS Department of Labor directly to discuss the alternate base period option. Fair warning though - their phone lines are absolutely swamped. I spent weeks trying to get through. If you're having trouble reaching them, I actually used this service called Claimyr that helped me get connected to an agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process way less frustrating.
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Isabella Ferreira
Wait so they don't even look at your most recent paycheck?? That seems completely backwards to me. What if you just got a big promotion or something?
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Natasha Kuznetsova
•That's exactly why the alternate base period exists - it uses more recent quarters if it would result in a higher benefit. But you have to specifically request it and meet certain criteria.
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CosmicVoyager
This whole system is so frustrating!! I've been waiting 3 weeks just to get my benefit amount figured out and now I find out it might not even be calculated right. Why can't they just use your last few months of pay like normal people would think??
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Ravi Kapoor
Actually had a similar situation when I got laid off from my bartending job - the seasonal nature of restaurant work really messes with the base period calculations. Ended up getting it recalculated and my weekly went up by like $80. Definitely worth asking about if your recent earnings were higher.
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Chloe Robinson
The base period calculation definitely catches people off guard! I went through this same confusion when I filed last year. One thing that helped me understand it better was looking at my actual quarterly earnings on the NYS Department of Labor website - you can log into your account and see exactly which quarters they used and the amounts. It really shows you why your benefit might be lower than expected if you had a recent pay increase or seasonal work patterns. Also, even though $347 might seem low compared to your recent pay, remember that unemployment benefits aren't taxed the same way as regular wages, so the actual difference in your take-home might not be as dramatic as it first appears.
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Yara Campbell
•@Chloe Robinson That s'really helpful about checking the quarterly earnings online! I didn t'even know you could see that breakdown on their website. And you re'right about the tax difference - I hadn t'thought about that aspect. Do you remember roughly how long it took after you logged in to see all those quarterly details? I m'wondering if there s'a delay or if it shows up right away once your claim is processed.
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