How is unemployment defined by NYS Department of Labor for benefits eligibility?
I'm trying to understand exactly how NYS Department of Labor defines unemployment for benefit purposes. I know you have to be able and available for work, but what does that actually mean? Like if I'm taking care of my sick parent for a few hours each day, does that disqualify me? And what about if I'm doing some freelance work occasionally - at what point does that affect my benefits? I've been getting conflicting information and want to make sure I understand the official definition before I file my weekly claims.
11 comments


Carmen Lopez
NYS Department of Labor defines unemployment as being totally or partially unemployed through no fault of your own. You must be able to work, available for work, and actively seeking work. The key requirements are: physically and mentally able to perform work, available for full-time work during normal business hours, and making at least 3 job contacts per week. Caring for a family member can affect your availability status depending on the hours and circumstances.
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Yuki Ito
•Thanks for the clarification! So the 3 job contacts per week is mandatory? What counts as a valid job contact for NYS Department of Labor purposes?
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AstroAdventurer
been on unemployment twice and they're pretty strict about the available part. if you cant work certain days or hours they might question your eligibility during adjudication
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Andre Dupont
The freelance work issue is tricky - you need to report any earnings on your weekly claim, even small amounts. NYS Department of Labor has specific rules about how much you can earn before it affects your benefits. Generally, if you earn more than $504 in a week (as of 2025), your benefits get reduced dollar for dollar. But even smaller amounts need to be reported.
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Yuki Ito
•That's really helpful to know about the $504 threshold. Do I report gross or net earnings from freelance work?
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Andre Dupont
•Always report gross earnings before taxes or deductions. NYS Department of Labor is very clear about this in their guidelines.
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Zoe Papanikolaou
I was in a similar situation with family caregiving responsibilities. The adjudication process took forever because they had to determine if my caregiving hours interfered with my availability for work. Eventually they approved my claim but it was stressful not knowing. If you're having trouble getting through to NYS Department of Labor to clarify your specific situation, I found this service called Claimyr (claimyr.com) that actually gets you through to a real agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting disconnected.
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Jamal Wilson
•Never heard of that service but honestly anything that helps get through to NYS Department of Labor sounds useful. Their phone lines are impossible.
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Mei Lin
Wait so if I do any work at all I have to report it?? Even like helping my neighbor with their computer for $50? This system is so complicated UGH
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Carmen Lopez
•Yes, any work and earnings must be reported on your weekly certification. It's better to report everything and let NYS Department of Labor calculate how it affects your benefits than to risk an overpayment later.
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Liam Fitzgerald
Just adding that the job search requirement is really important. You need to keep a detailed log of your job search activities because NYS Department of Labor can audit your claim at any time and ask for proof. Make sure you're applying to jobs that match your skills and salary requirements.
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