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Jeremiah Brown

What is seasonal unemployment and how does it affect NYS Department of Labor benefits?

I work in landscaping and my boss just told me I'll be laid off next month when winter hits. He said something about 'seasonal unemployment' but I'm not sure what that means for my unemployment benefits. Do I qualify for NYS Department of Labor benefits if I get laid off every winter? My coworker said seasonal workers can't collect unemployment but that doesn't sound right. I've been paying into the system all year so I should be able to get benefits when work stops, right? Has anyone dealt with this before?

Seasonal unemployment is when workers are regularly laid off during certain times of the year due to the nature of their industry. In New York, you can absolutely collect unemployment benefits as a seasonal worker! The key is that your employer needs to report your layoff as seasonal to NYS Department of Labor. Industries like landscaping, construction, tourism, and agriculture commonly have seasonal layoffs. You'll need to file your claim as soon as you're laid off and meet the same eligibility requirements as any other claimant.

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That's a relief! Do I need to do anything special when filing or is it the same process as a regular layoff?

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i worked seasonal at a ski resort and got unemployment every spring when the season ended. your boss should know how to handle the paperwork since landscaping companies deal with this every year

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The filing process is the same, but there are a couple important things to know about seasonal unemployment in NY. First, you still need to meet the job search requirements during your benefit period unless you have a definite return-to-work date with your employer. Second, if your employer has indicated you'll be recalled for the next season, that affects how you answer certain questions on your weekly claims. Make sure to report accurately about your availability for other work.

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Wait, so even if I know I'm going back to the same job in spring, I still have to look for other work during winter? That seems weird.

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Yes, unless you have a specific recall date within 10 weeks. NYS Department of Labor requires you to be available and searching for work to continue receiving benefits, even as a seasonal worker.

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I had trouble reaching NYS Department of Labor last year when I had questions about my seasonal claim status. Kept getting busy signals and then they'd hang up after being on hold forever. Finally found claimyr.com which helped me get through to an actual agent who explained everything about seasonal benefits. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process way less stressful than trying to navigate their phone system alone.

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never heard of that but honestly anything is better than sitting on hold for 3 hours just to get disconnected

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The NYS Department of Labor system is SO confusing for seasonal workers. I got laid off from my construction job last December and it took them 6 weeks to process my claim because they kept asking for more documentation about my seasonal status. Meanwhile I'm trying to pay rent with no income! They really need to streamline this process for industries that have predictable seasonal layoffs every single year.

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6 weeks?? That's terrible. What kind of documentation did they want?

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They wanted verification from my employer about the seasonal nature of the layoff, my work history for the past 18 months, and some form I'd never heard of. It was a nightmare.

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just remember to file your weekly claims even if your claim is still processing. you can get backpay for those weeks once everything gets approved

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Make sure your employer files the correct paperwork with NYS Department of Labor indicating it's a seasonal layoff - this can really speed up the process. When I worked for a tree service company, my boss would file what they called a "mass layoff notice" every fall for all the seasonal workers. It helped our claims get processed much faster than individual layoffs. You might want to ask your landscaping company if they do bulk seasonal filings. Also keep all your pay stubs from this season as proof of your work history, just in case they ask for documentation later.

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