Unemployment Benefits Eligibility TWC evaluates your unemployment benefits claim based on: Past wages Job separation s Ongoing eligibility requirements You must meet all requirements in each of these three areas to qualify for unemployment benefits.
Past Wages Your past wages are one of the eligibility requirements and the basis of your potential unemployment benefit amounts. Base Period Your base period is the first four of the last five completed calendar quarters before the effective date of your initial claim. To have a payable claim, you must meet all of the following requirements: You have wages in more than one of the four base period calendar quarters. Your total base period wages are at least 37 times your weekly benefit amount.
If you qualified for benefits on a prior claim, you must have earned six times your new weekly benefit amount since that time. Alternate Base Period You may be able to use an alternate base period APB if you were out of work for at least seven weeks in one base-period quarter because of a medically verifiable illness, injury, disability, or pregnancy.
You will need to provide documentation to substantiate: The date and nature of your illness, injury, disability, or pregnancy. It must be medically verifiable, i. You were unable to work for a period of seven weeks in one or more quarters during your regular base period. You had more work in your alternative base period than in your regular base period. This may require employment and wage history.
Types of Job Separation To be eligible for benefits based on your job separation, you must be either unemployed or working reduced hours through no fault of your own. Laid Off Layoffs are due to lack of work, not your work performance, so you may be eligible for benefits. Working Reduced Hours If you are working but your employer reduced your hours, you may be eligible for benefits. Fired If the employer ended your employment but you were not laid off as defined above, then you were fired.
Quit If you chose to end your employment, then you quit. You may be eligible for benefits if you quit for one of the reasons listed below: Quit for good cause connected with the work, which means a work-related reason that would make an individual who wants to remain employed leave employment.
You should be able to present evidence that you tried to correct work-related problems before you quit. Examples of quitting for good work-related reason are well-documented instances of: Unsafe working conditions Significant changes in hiring agreement Not getting paid or difficulty getting your agreed-upon pay Quit for a good reason not related to work, under limited circumstances.
Examples include leaving work because: A personal medical illness or injury prevented you from working You are caring for a minor child who has a medical illness You are caring for a terminally ill spouse You have documented cases of sexual assault, family violence or stalking You entered Commission-Approved Training and the job is not considered suitable under Section 20 You moved with your military spouse Quit to move with your spouse when the move is not part of a qualifying military permanent change of station PCS.
You may be eligible for benefits but you will be disqualified for 6 to 25 weeks, depending on the situation. Your maximum benefit amount is also reduced by the number of disqualified weeks. Ongoing Eligibility Requirements In addition to the past wages and job separation eligibility requirements, there are requirements you must continue to meet to stay eligible.
Benefit Amounts We will mail you a statement with your potential benefit amounts after you file your claim. Your benefit amounts are based on your past wages. Examples of work-related misconduct include violating company policy or rules, such as those prohibiting absenteeism or insubordination. If you are fired for conviction of a felony or admitting you committed one , you also won't be eligible for benefits. If you quit your job , you won't be eligible for unemployment unless you had good cause for quitting.
To maintain your eligibility for unemployment benefits, you must be able to work, available to work, and looking for work. If you are offered a suitable position, you must accept it. A suitable position is one for which you are a fit based on your training and experience. Even if the position pays less than what you used to make, you may not turn it down for this reason as long as it pays the prevailing wage for similar work.
You must keep written records of your job search efforts. If you are asked to come in to the state agency for a personal interview, you may be asked to bring these records.
Benefits are available for up to 26 weeks. You may file your unemployment claim online or by phone. Once it reviews your application, the NYSDOL will send you a Monetary Determination, indicating whether you meet the work and earnings requirements outlined above. If your claim is granted, you will have to request payment every week, either online or by phone, and meet ongoing eligibility requirements for example, searching for work. If your claim for unemployment compensation is denied because you have not met the work and earnings requirements, the Monetary Determination will let you know.
You may file a Request for Reconsideration of that determination if benefits are denied or if benefits are granted but you believe the agency has omitted earnings or work history. The agency will review your request and any information you provide and may issue a revised determination.
If you are denied benefits for another reason for example, because you quit your last job without good cause , you will receive a separate Notice of Determination.
You may appeal a denial of benefits by requesting a hearing before an administrative law judge, in writing, within 30 days after the date on the notice. After receiving your appeal request, a hearing will be scheduled. The administrative law judge will decide on your claim and issue a written decision. If you disagree with the decision after the hearing, you may appeal it to the Unemployment Insurance Appeal Board.
But average payments don't provide the whole picture. States put floors and ceilings on weekly benefits. States differ in how long they will pay benefits.
Some states have a much shorter duration. Florida and North Carolina, for example, offer up to 12 weeks — the least of any state, according to the Center on Budget and Policy Priorities. The coronavirus relief bill offers an additional 13 weeks of benefits, up to a maximum of 39 weeks about 10 months. Prior to the economic crisis caused by COVID, the average worker collected unemployment benefits for about 15 weeks, according to Labor Department data. Just because you're unemployed or lost your job doesn't mean you'll collect benefits.
There's a big gap between states when measuring the share of jobless people who are receiving unemployment benefits. North Carolina's "recipiency rate" is the nation's lowest — just Not all unemployed workers are eligible to collect benefits, for example. Some, like the self-employed and independent contractors, couldn't generally collect prior to the relief law's expansion of eligibility criteria. Others may have been fired for cause rather than laid off. But some states with small shares may make it more challenging relative to other states to apply for and receive benefits, thereby dragging down their recipiency rates, labor economists said.
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