NYS Department of Labor - when to sign up for unemployment benefits timing question
I'm getting laid off next Friday and trying to figure out the best timing for filing my unemployment claim with NYS Department of Labor. Should I wait until my last day of work or can I file before then? My supervisor said my last paycheck will include vacation pay and I'm worried that might affect when I should apply. Also not sure if there's any advantage to filing right away versus waiting a few days. Anyone know the best strategy for timing this?
13 comments


Ezra Collins
You should file your claim on the first day you're unemployed, which would be the Monday after your last day of work. Don't file before your employment actually ends because NYS Department of Labor will ask for your last day worked. The vacation pay in your final check won't affect your ability to file, but you'll need to report it during your first weekly claim.
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Emily Parker
•Thanks! So if Friday is my last day, I should file on Monday? What about the vacation pay - do I report that as wages for the week I file or the week I actually worked?
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Victoria Scott
i filed mine like 2 days after my last day and it was fine. the vacation thing might delay your benefits though so heads up about that
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Benjamin Johnson
•Actually vacation pay usually doesn't delay benefits if it's paid out in a lump sum with your final check. You just report it for the week you received it, not when you earned it. NYS Department of Labor has specific rules about this.
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Zara Perez
Don't wait too long to file! I made that mistake and it took forever to get my first payment. Also make sure you have all your employment info ready - they'll want your employer's name, address, dates of employment, and reason for separation. The sooner you file, the sooner your waiting week starts.
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Daniel Rogers
•Wait what's a waiting week?? I thought NYS got rid of that during covid?
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Zara Perez
•No, the waiting week is still there for regular unemployment. You don't get paid for your first week of benefits, it's just how the system works.
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Aaliyah Reed
If you're having trouble getting through to NYS Department of Labor to ask questions about timing, I used claimyr.com recently and it actually worked. They help you get connected to an actual agent instead of sitting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling.
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Emily Parker
•Is that legit? I've never heard of using a service to call NYS Department of Labor for you.
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Aaliyah Reed
•Yeah it's real, they basically handle the waiting and call you back when they get an agent on the line. Was skeptical at first but it worked when I needed to check on my adjudication status.
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Ella Russell
Just file as soon as you're eligible, don't overthink it. The system will tell you if there are any issues with your dates or payments.
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MidnightRider
One thing to keep in mind - make sure you file your initial claim online rather than trying to call. The NYS DOL website is usually much faster and you can do it 24/7. When you file, you'll create your weekly claim schedule (they'll assign you specific days to certify each week). Also, even though your vacation pay won't delay your initial claim filing, it might reduce your benefit amount for that first week depending on how much it is. Good luck with everything!
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Evelyn Xu
•This is really helpful advice! I didn't realize they assign you specific days to certify each week. Do you know if there's any flexibility with those days or are you stuck with whatever they give you? Also, when you say the vacation pay might reduce the benefit amount - is that just for the first week or could it affect multiple weeks?
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