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PART 473

ARTICLE 1

REGULATIONS OF THE INDUSTRIAL COMMISSIONER

PART 473 - BENEFITS AND CLAIMS
(Statutory authority: Labor Law § 20 and 530; Article 18)
REPEAL OF PART 473 AND ADDITION OF NEW PART 473

Section 473.1
Filing of benefit claim
Section 473.2
Certifying by benefit claimants
Section 473.3
Reporting by benefit claimants
Section 473.4
Work search
Section 473.5
Interstate benefit claims

§473.1 Filing of benefit claim.

(a) Definitions. The following words and phrases when used in this part shall have the meanings given them in this section:

(1) "Subsequent claim" means a claim during the benefit year which is filed if the claim has lapsed because of intervention of any week in which no effective days were accrued, or in which the claimant failed to report, or in which claimant was not eligible for benefits, or for other reasons.

(i.) "Additional claim" means a subsequent claim in which the lapse was due to employment.

(ii.) "Reopened claim" means a subsequent claim in which the lapse was for reasons other than employment.

(2) "Benefit period" means the number of statutory week(s) for which the claimant is certifying. In the event the claimant is certifying to two consecutive weeks, all requirements regarding timeliness of the certification will be measured from the latter of the two weeks being claimed.

(3) "electronic certification" means a certification utilizing the interactive capabilities of a telephone or other such electronic network.

(b) A claimant shall file an original claim and register for employment on any day from Monday through Friday.  Any claim filed in accordance with this section shall be deemed filed as of the first day of the claimant’s unemployment in the statutory week in which filed, excluding, however, any prior day on which a disqualifying condition would have existed if the claimant had actually filed on such day.

(c) (1) A claimant shall file a subsequent claim during the seven day period assigned in accordance with section 473.2 of the Part, following the statutory week for which the claimant seeks benefits.  A subsequent claim shall be deemed filed as of the first day of the claimant’s unemployment in the statutory week being claimed, excluding, however, any prior day on which a disqualifying condition would have existed if the claimant had actually filed on such day.

(2) In the event of the filing of an additional claim, in which employment ended for reasons other than lack of work, benefits shall be withheld until the claimant has provided the Department of Labor with the employer(s) name, address, last day worked and reason for separation from employment.  If eligibility is established after resolution of all issues, such benefits will be released.

(3) In the event of the filing of an additional claim in which separation from employment was due to lack of work, benefits may be released while waiting for the claimant to provide the name and address of all employers for whom the claimant worked.

(4) In the event of the filing of a reopened claim, benefits may be released while waiting for the claimant to provide the reason for the lapse in the claim, if requested.

(5) If a claimant has not supplied the information requested in section 473.1(c) within fourteen days of the date it was requested, the subsequent claim may be deemed void.

(d) Notwithstanding any provisions of this section, the commissioner may permit or instruct individuals engaged in specified industries or occupations, or unemployed under specified circumstances, to file their claim in a manner other than described in section 473.1 (b) of this Part.  If such permission or instruction is given, the crediting of any days falling in any week before the filing of a claim as days of total unemployment shall be subject to the conditions established by the commissioner.

(e) An original or subsequent claim for benefits shall be filed by the claimant by telephone, unless permission or instruction is given to file by mail, or in person or by other means the commissioner deems appropriate.

(f) Each claimant shall furnish his/her social security account number as a condition of eligibility for benefits.  A claimant shall also furnish upon request by the Department of Labor, all notices received upon separation in accordance with Section 472.8 of this Part, together with any other available information serving to identify the names, addresses, period of employment with, and remuneration paid by each employer in the 18 months preceding the filing of such claim.

(g) The failure to file a claim in compliance with this section may be excused by the commissioner upon proper presentation by the claimant of the facts and circumstances if it is shown to the commissioner’s satisfaction that they constitute good cause.

§473.2 Certifying by benefit claimants.

(a) Each claimant shall certify to his/her unemployment during the seven-day period for such certification as specified by the commissioner, following a statutory week in which the claimant experienced more than three days of total unemployment and has not earned more than the amount set forth in Section 523 of the Unemployment Insurance Law and at such other times as the commissioner may direct.

(b) Such certifications shall be made by electronic certification unless permission or instructions are given to certify by mail or in person or by other means the commissioner deems appropriate.

(c) A claimant who fails to certify for a benefit period within the seven-day period for such certification shall not be eligible for that benefit period and claimant shall not be eligible for future benefit periods until the claimant files a subsequent claim in accordance with section 473.1 of this Part.

(d) A claimant shall notify the department when certifying for unemployment insurance of any change of address and/or telephone number not later than the next time certification is required after the change has occurred.

(e) The failure to certify in compliance with this section may be excused by the commissioner upon proper presentation by the claimant of the facts and circumstances if it is shown to the commissioner’s satisfaction that they constitute good cause.

§473.3 Reporting by benefit claimants.

(a) A claimant may be directed by the Department of Labor to report to the office where the claim is on file, or to any other office maintained by this Department, or appropriate provider of reemployment services in the area where the claimant resides, for any action in connection with his or her claim or benefit or registration for employment.

(b) A claimant who has been directed to report in accordance with subsection (a) of this section shall report to that office on the days and hours specified.  The claimant shall present identification each time he or she reports.

(c) A claimant shall comply with a request for information in such manner as required by the commissioner.

(d) A claimant may not receive credit for any period of unemployment from the day on which a failure to report occurred until he or she reports to that office and complies with such reporting requirements.

(e) A claimant who reports in accordance with section 473.3 shall also continue to certify in accordance with Section 473.2.

(f) The failure to report to an office in compliance with this regulation may be excused by the commissioner upon proper presentation by the claimant of the facts and circumstances, if it is shown to the commissioner’s satisfaction that they constitute good cause.

§473.4 Work Search.

(a) In order to continue to be eligible for benefits, the claimant must establish that he or she is ready, willing, and able to work; and actively seeking work during each week for which he or she is claiming benefits. Labor Law section 591.2 requires that in order to be considered to be actively seeking work; a claimant must be engaged in "systematic and sustained efforts to find work". The claimant must provide proof of these work search efforts to the Department of Labor upon request, unless exempted pursuant to subdivision (k).

(b) A claimant's "systematic and sustained efforts to find work" must include at least three work search activities per week in an effort to obtain suitable work. These activities must be conducted on different days of the week, and must include at least one activity from activities 1-5 listed in subdivision (c). The reemployment services orientation and initial assessment at the Career Center may satisfy the three work search activities for that week. The Department of Labor is authorized to develop a written work search plan for a claimant pursuant to subdivision (l) which may include the work search activities listed in subdivision (c) or additional activities specified in the plan.

(c) Work search activities may include, but are not limited to:

(1) Using employment resources available at the local Career Center, such as:

(i) meeting with Career Center advisors

(ii) receiving job market information from Career Center staff regarding the availability of jobs from a particular industry or region

(iii) participating in skills assessments for occupation matching

(iv) participating in instructional workshops

(v) obtaining and following up with employers on job referrals and job matches from the Career Center

(2) Visiting a job site and completing a job application in person with employers who may reasonably be expected to have openings.

(3) Submitting a job application and/or resume, in response to a public notice or want ad, or to employers who may reasonably be expected to have openings.

(4) Attending job search seminars, scheduled career networking meetings, job fairs, or employment-related workshops that offer instruction in improving individual skills for obtaining employment.

(5) Interviewing with potential employers.

(6) Applying for employment with former employer(s).

(7) Registering with and checking in with private employment agencies, placement services, unions, and placement offices of schools, colleges or universities, and/or professional organizations

(8) Using the telephone, business directories, internet, or online job matching systems to search for jobs, get leads, request referrals, or make appointments for job interviews.

(9) Applying and/or registering for and taking Civil Service examination(s) for government job openings.

(d) The term "suitable work", as used throughout this section, is defined as work for which the claimant is reasonably fitted by training and/or experience.

(e) After ten (10) full weeks of benefits are claimed, the definition of suitable work will be expanded to include any work that the claimant is capable of performing, whether or not he or she has any experience or training in such work, pursuant to Labor Law section 593.2.

(f) Proof of work search efforts must include a written weekly record of work search activity. All information in the record must be true, accurate, and verifiable. Whenever possible, supporting documentation (job fair employer list, printouts from online search efforts, a prospective employer's business card, etc.) should be maintained with the work search record.

(g) The work search record must include:

(1) Names, addresses (mail, e-mail, or web address) and telephone numbers of potential employers contacted and, if available, the names and/or job titles of specific people contacted.

(2) Dates, contact methods used, and if known, the results of contacts.

(3) Position or job title applied for or seeking.

(4) Date, location, and description of other work search efforts. Examples include meeting with an advisor at the local Career Center, attending workshops or job fair at a local community college, searching online job listings at the local library, updating resume, etc.

(h) Weekly written work search records must be retained for one year, unless submitted online through the Department of Labor website. The Department of Labor may request work search records to verify continued eligibility for benefits, or in connection with a claim review, audit, or a hearing or appeal in which work search is an issue. The claimant is expected to keep clear and detailed records as specified in subdivision (g), and shall provide the written records required by this section upon request. If the claimant fails to provide records, the claimant will be subject to sanctions identified in subdivision (j). The Commissioner of Labor may require the submission of the weekly work search record to the Department of Labor.

(i) A claimant who has willfully made a false statement or representation about work search activities will be subject to a denial of benefits repayment of benefits received, and penalties being imposed. These penalties shall be consistent with any other penalties imposed under the Labor Law or any state or federal statue.

(j) In relation to any failure to conduct a systematic and sustained work search or keep a work search record as discussed in subdivision (g), or provide a work search record pursuant to subdivision (h):

(1) If claimant has an established work search plan then these failures hall result in a determination of ineligibility for benefits.

(2) If claimant has no established work search plan, the claimant shall be required to report  to their Career Center for the establishment of a work search plan as discussed in subdivision (l). Any failure to report to establish the work search plan shall result in a determination of ineligibility for benefits.

(k) A claimant is exempted from work search requirements on the following bases:

(1) A temporary layoff or seasonal loss of employment where the employer has given a definite return-to-work date of four weeks or less.

(2) A union member who must obtain work through the union. The union member must be in compliance with union membership and work search requirements.

(3) Participation in a training program approved by the Department of Labor, such as those approved pursuant to Labor Law section 599.

(4) Serving on a jury.

(5) Participation in a Department of Labor-approved Shared Work Program.

(6) Participation in a Department of Labor-approved Self Employment Assistance Program.

(7) Any exemption required by the state or federal law.

(l) Written Work Search Plan

(1) The Department of Labor will develop a work search plan with a claimant when:

(i) In the Department's judgment, the claimant's work search is inadequate or the claimant has failed to maintain or provide a work search records:

(ii) the claimant requests a work search plan; or

(iii) Federal programs require a work search plan.

(2) The work search plan shall include strategies and approaches which are tailored to the claimant's specific skills, experience, training and circumstances. If a claimant is limiting his or her work search for any reason, the work search plan will discuss these restrictions. The Department of Labor will advise the claimant whether these restrictions will be a barrier to the claimant's eligibility for benefits. If such a barrier exists, the claimant will be given an opportunity to remove the restriction. For example, these restrictions may include salary expectations, expectations regarding hours of work, or limits on work location.

(m) Good Cause

(1) Unless the Department of Labor determines in its sole discretion that there is good cause, a claimant may not limit his or her work search. The standards for determining good cause for acceptable limitations on work search shall be consistent with the standards for determining good cause pursuant to Sections 591 (2) and 593 (2) of the Labor Law.

(2) Good cause may include, but is not limited to the following:

(i) Location or geographic area - a claimant may limit his or her work search to exclude employment which is at an unreasonable distance from his or her residence, or travel to and from the place of employment involves expense substantially greater than that required in his or her former employment;

(ii) Number of hours, days of the week, or compensation - a claimant may limit his or her work search to exclude employment which would interfere with a claimant's right to join or retain membership in any labor organization or otherwise interfere with or violate the terms of a collective bargaining agreement:

(iv) Strike, lockout or industrial controversy - a claimant may limit his or her work search to exclude employment where there is a strike, lockout, or other industrial controversy in the establishment in which the employment is offered; or

(v) Part-time employment - A claimant may limit his or her work search to exclude employment where the offer of employment is not comparable to his or her part-time work as defined in section 596 (5) of the Labor Law.

(3) It is not good cause for a claimant to limit his or her work search to a specific position or type of work when suitable work is available to the claimant.

(n) The claimant must notify the Department of Labor if the claimant is incapable or unavailable for work, in which case the claimant's benefits will be suspended until the claimant is once again capable and available for work.

 

§473.5 Interstate benefit claims.

(a) A claimant who, pursuant to the provisions of the interstate benefit payment plan, files a claim in New York State for benefits payable under the unemployment compensation law of another state shall comply, in the matter of registration and reporting, with Section 473.1, 473.2 and 473.3 of this Part and with such other requirements as may be established for this purpose.

(b) A claimant who, pursuant to the provisions of the interstate benefit payment plan, files in another state a claim for benefits payable under the New York State Unemployment Insurance Law shall comply with regulations and other requirements concerning registration and reporting established by such other state for this purpose.

(c) A benefit claim filed pursuant to subdivision (b) of this section shall not be valid until a claimant who is qualified for benefits under the law of any state against which claimant has previously elected to file a claim exhausts or otherwise terminates claimant’s benefit rights under such election.

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