This document describes Research Foundation (RF) and Department of Labor (DOL) unemployment insurance eligibility requirements.
The DOL will determine a person’s eligibility for benefits. However, Research Foundation employees (including student employees) who terminate employment may apply for unemployment insurance benefits.
The DOL will determine a person’s ineligibility for benefits.
Note: Research Foundation fellowship recipients and independent contractors are not eligible to apply for unemployment insurance benefits.
Research Foundation employees may apply for unemployment insurance benefits immediately following termination from RF employment.
The following unemployment insurance eligibility rules apply to all persons claiming benefits under the New York State Unemployment Insurance Law. Direct quotes (only RF-relevant passages are quoted) are from the DOL publication "Unemployment Insurance Benefits—An Employer's Guide," (IA318.2—10/03).
"The first week of unemployment after the claim is filed is a waiting week for which no benefits are paid." A 7-day waiting period must be met following application for unemployment insurance benefits. Benefits eligibility begins on the eighth day.
"To qualify for benefits, the law requires that a person have:
"Those claimants who have some covered employment and earnings in the last five completed calendar quarters prior to filing the claim but do not qualify for benefits under either of the above conditions due to insufficient earnings, may have their base period of the first four of the last five completed calendar quarters extended by the equivalent number of quarters they received Workers’ Compensation payments up to a maximum of two quarters.
"Wages earned in employment that was lost due to misconduct or the commission of a felony in connection with that employment cannot be used to establish a valid original claim under either of the above conditions. Those wages will not be used in the computation of the claimant’s benefit rate."
"Claimants are ineligible for benefits if:
"Note: After receiving 13 weeks of benefits, claimants who do not have a definite date to return to work and do not obtain employment...will be required to accept employment they are capable of performing, even if they are not suited for the job by training and experience, as long as the position pays not less than the prevailing local wage for the job and 80% of the claimant’s high calendar quarter earnings in the base period."
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