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Amara Nnamani

How many hours do you have to work to claim unemployment - NYS Department of Labor rules confusing me

I'm getting mixed information about work hour requirements for unemployment benefits in NY and it's driving me crazy. My previous job had me working 32 hours one week, 40 the next, sometimes just 28 hours. I got laid off last month and when I tried filing my claim, the NYS Department of Labor system asked about my work history but I'm not sure if my varying hours qualify me. Some weeks I worked full-time, others part-time. Do they look at total hours over a certain period or is there a minimum weekly hour requirement? I've been searching the my.ny.gov site but the information is scattered everywhere. Anyone know the actual requirements?

The NYS Department of Labor doesn't have a specific weekly hour requirement for eligibility. What matters is your total earnings over the base period, which is usually the first four of the last five completed calendar quarters before you file. You need to have earned at least $2,600 in your highest quarter and total wages of at least 1.5 times your highest quarter earnings. Your varying hours shouldn't disqualify you as long as you meet the wage requirements.

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Oh that's a relief! I was worried that those 28-hour weeks would hurt my eligibility. So it's really about the money earned, not the specific hours worked each week?

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wait i thought you had to work full time to get unemployment?? i was working 35 hours a week before i got fired and they approved my claim no problem. but my friend who worked part time got denied

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Part-time workers can qualify for unemployment if they meet the wage requirements. Your friend might have been denied for other reasons - maybe they didn't earn enough during their base period or there was an issue with how they lost their job.

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I had a similar situation with inconsistent hours. The key thing is when you file your weekly claims, you need to report any work you do that week. If you work part-time while collecting, they'll reduce your benefit amount based on how much you earn. There's a formula they use - I think you can earn up to 25% of your weekly benefit rate without any reduction.

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Good to know about the weekly reporting. I'm not working now but if I pick up some freelance work while job hunting, I'll make sure to report it properly.

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The NYS Department of Labor phone system is impossible to get through when you have questions like this. I spent three weeks trying to talk to someone about my eligibility. Finally used this service called Claimyr (claimyr.com) that helps you get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration trying to get answers about my specific situation.

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I might need to check that out if I run into issues. The automated system just keeps giving me generic responses that don't answer my specific questions.

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Just want to add - make sure you have all your employment records ready when you file. The NYS Department of Labor will verify your wages with your employers, so having accurate dates and earnings info will speed up the process. Don't stress too much about the hour variations - focus on getting your wage information correct.

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Thanks everyone for the helpful info! I'm feeling much more confident about my eligibility now. Just to clarify - when you mention the base period being the first four of the last five completed calendar quarters, does that mean if I filed in December 2024, they'd look at my earnings from January through December 2023? Or would it include some of 2024 too? I want to make sure I'm calculating my wages correctly before I submit everything.

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