How long before you can file for unemployment benefits with NYS Department of Labor?
I'm planning to leave my job next month and wondering about the timing for filing unemployment claims. Do you have to wait a certain period after your last day of work before you can submit an application to NYS Department of Labor? I've heard conflicting information - some people say you can file immediately while others mention waiting periods. Also concerned about whether there's any advantage to filing sooner vs later in terms of benefit start dates. My last day will be February 15th and want to make sure I handle this correctly.
12 comments


Dmitry Popov
You can file your initial claim with NYS Department of Labor immediately after your last day of work. There's no waiting period to submit the application itself. However, there is a one-week waiting period before you can receive your first benefit payment. So if you file on February 16th, your first payable week would be the week starting February 23rd. The key is to file as soon as possible because benefits are not retroactive - you can't get paid for weeks you didn't file.
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Sofia Ramirez
•Thanks! So I should definitely file right away then. Do I need to have my final paycheck in hand first or can I estimate the amount?
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Harper Collins
•You don't need your final paycheck in hand to file - you can estimate the amounts when you initially apply. The NYS DOL system will ask for your gross wages from your last few quarters of work, which you should be able to get from recent pay stubs. They'll verify the exact amounts later through employer records anyway. The important thing is getting your claim started as soon as possible after February 15th so you don't lose any potential benefit weeks.
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Ava Rodriguez
Just want to clarify something important - if you're voluntarily leaving your job, you may not be eligible for unemployment benefits unless you have good cause. NYS Department of Labor requires that you be unemployed through no fault of your own. Are you being laid off or is this a voluntary resignation? That makes a huge difference in whether you can collect benefits at all.
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Sofia Ramirez
•It's a layoff situation, my position is being eliminated due to company restructuring. Should have mentioned that in my original post.
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Ava Rodriguez
•Perfect, then you're definitely eligible. Make sure you have your separation paperwork when you file - it helps speed up the process.
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Miguel Ortiz
I filed mine the day after my last day and it took about 2 weeks to get my first payment. The waiting week is built into the system automatically. One thing to watch out for - make sure you're doing your weekly claims every week even if your initial claim is still being processed. Missing those weekly certifications can mess up your benefits later.
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Zainab Khalil
Had major issues trying to get through to NYS Department of Labor when I filed last year. Their phone lines are constantly busy and the online system can be glitchy. If you run into problems reaching them for questions about your claim, I had success using claimyr.com - it's a service that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting hung up on.
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QuantumQuest
•Interesting, never heard of that service. Is it legit or one of those scam things?
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Zainab Khalil
•It's legitimate, they just help you navigate the phone system to reach an actual person. Was worth it for me when I was stuck in adjudication limbo for weeks.
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Connor Murphy
wait i thought you had to be unemployed for like 2 weeks before filing?? this is confusing lol
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Dmitry Popov
•No, you're thinking of the waiting week which happens after you file. You can and should file immediately after your last day of work.
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