Good evening:
As New York reopens safely, we wanted to provide you with information about unemployment and pandemic benefit updates and reminders that may impact your constituents.
Update: Waiting Period
Following the expiration of Executive Order 202, the unemployment insurance (UI) unpaid waiting period rule has resumed effective June 28, 2021. This rule was temporarily suspended during the pandemic.
New UI claims filed on and after June 28, 2021 will include an unpaid waiting week. Claimants will not receive payment for the first full week of a claim but must still claim weekly benefits and fulfill eligibility requirements.
Per federal law, Pandemic Unemployment Assistance (PUA) claims do not have an unpaid waiting period. For more information, visit on.ny.gov/wwfaqs.
Update: Benefit Year Ending (BYE) Date
NYS DOL has updated its guidance regarding how UI recipients with claims ending on or after July 4, 2021 should proceed if still unemployed when they reach their BYE date. Claimants receiving UI benefits, including Pandemic Emergency Unemployment Compensation (PEUC) and Extended Benefits (EB), must file a new claim online or through NYS DOL’s automated phone system after their BYE date. UI claimants will not receive benefits on an expired claim unless deemed not qualified for a new claim after reapplying.
PUA claimants who continue to be unemployed when they reach their current BYE date do not need to reapply for benefits. Instead, PUA claimants may continue to certify weekly while unemployed to continue receiving the benefits they are eligible for while the program is in effect through September 5, 2021.
Reminder: Forfeit Day Penalties
Per New York State’s UI law, penalty (forfeit) days are required in order to reduce benefits for claimants “who (have) willfully made a false statement or representation to obtain any benefit.”
This penalty was temporarily suspended in accordance with New York Labor Law §594(6) “throughout the duration of the state disaster emergency declared by executive order number two hundred two.” Following the expiration of Executive Order 202, forfeit day penalties will resume effective July 4, 2021.
For every forfeit day assessed, claimants will lose 25% of benefits for the week claimed. If a claimant has been assessed four forfeit days, they will receive no benefits for that week. Claimants who lose a full week of benefits due to forfeit penalties will not receive FPUC benefits for that week.
Assessed forfeit days will remain in effect until fully reduced to zero or two years after the mail date of the final Notice of Determination or Decision if an appeal was filed.
Earlier this week, we sent emails and text messages to claimants who will be impacted by this penalty when it goes back into effect on July 4, 2021. Claimants will be notified each week their benefits have been applied to forfeit days. For more information, visit on.ny.gov/penaltiesfaqs.
Reminder: Work Search Requirements
Work search requirements are currently in effect in New York State. Most New Yorkers are required to search for work while collecting UI or pandemic benefits.
New York State regulations require claimants to document their work search efforts and submit proof if NYS DOL asks for it. According to the regulations, if a claimant does not search for work, document that work search, and submit proof if asked, they could lose benefits and have to pay back benefits received. For more information, visit on.ny.gov/wsr.
Thank you.
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