NYS Department of Labor unemployment eligibility while enrolled as student - can I get benefits?
I'm currently a junior at SUNY Buffalo and I've been working part-time at a restaurant for the past 8 months. My manager just cut my hours down to almost nothing because business is slow this semester. Can I file for unemployment benefits while I'm still taking classes? I heard conflicting information about whether students can qualify for NYS Department of Labor benefits. I really need the income to pay for my apartment and groceries since my financial aid doesn't cover everything.
15 comments


Emma Morales
Yes, students can qualify for unemployment benefits in New York, but there are specific requirements you need to meet. You must be able and available for work, which means you can't have a class schedule that prevents you from accepting full-time employment. The NYS Department of Labor will evaluate whether your school schedule interferes with your availability for work. You'll also need to meet the standard earnings requirements - sounds like your 8 months of work might qualify you.
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Declan Ramirez
•My classes are mostly in the mornings and I've always been available afternoons and weekends. Does that help my case?
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Katherine Hunter
i got UI benefits while i was in community college last year but they asked a lot of questions about my class schedule during the interview
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Declan Ramirez
•What kind of questions did they ask? I want to be prepared if I have to do an interview.
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Lucas Parker
The key issue is proving you're available for work. If your classes are only in the morning and you can work 30+ hours per week, you should be fine. Make sure when you file your weekly claims that you're honest about your availability and actively looking for work. You'll need to document your job search activities just like any other claimant. The restaurant cutting your hours might actually work in your favor since it shows you're attached to the workforce.
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Donna Cline
•Wait, so even if you're in school you still have to look for other jobs? That seems weird if you already have a job that just reduced hours.
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Lucas Parker
•Yes, you still need to actively search for work unless you're on standby status with your current employer. The job search requirement applies to all claimants regardless of student status.
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Harper Collins
I had such a hard time getting through to someone at NYS Department of Labor when I had questions about my student status. Kept getting disconnected after waiting on hold forever. Finally used this service called Claimyr (claimyr.com) that actually got me through to a real person. They have a demo video 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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Declan Ramirez
•That's exactly what I'm worried about - not being able to talk to anyone. How much does that service cost?
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Harper Collins
•It was worth it for me to get clear answers instead of guessing. The peace of mind knowing I was doing everything correctly was huge.
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Kelsey Hawkins
THE WHOLE SYSTEM IS RIGGED AGAINST STUDENTS! They make it so complicated and then act like we're trying to cheat the system when we're just trying to survive. I spent months fighting with them about my eligibility.
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Dylan Fisher
•What happened with your case? Did you eventually get approved?
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Dylan Fisher
definitely apply if you think you qualify! worst they can say is no but at least you'll know for sure
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Omar Fawaz
@Declan Ramirez I was in a similar situation last year - working part-time while at college and had my hours cut. The most important thing is documenting that you're able and available to work around your class schedule. Since your classes are mornings only, you should be in good shape. When you file, emphasize your afternoon/weekend availability and keep records of any job applications you submit. Also, since you were already working part-time, you might qualify for partial unemployment benefits even if you pick up a few hours here and there. The earnings requirements for students are the same as everyone else - you need sufficient wages in your base period. With 8 months of work history, you likely meet that threshold. Good luck!
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StarSeeker
•@Omar Fawaz This is really helpful! I hadn t'thought about the partial benefits option - that could be perfect if I do pick up occasional shifts. Do you know if there s'a specific earnings limit for partial benefits, or is it calculated differently? Also, when you say sufficient "wages in your base period, how" do they determine what counts as sufficient? I m'trying to figure out if my restaurant wages over 8 months will meet their requirements.
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