N.Y. Labor Law § 590: Rights to benefits

§ 590. Rights to benefits. 1. Entitlement to benefits. A claimant

shall be entitled to accumulate effective weeks for the purpose of

benefit rights only if he has complied with the provisions of this

article regarding the filing of his claim, including the filing of a

valid original claim, registered as totally or partially unemployed,

reported his subsequent employment and unemployment, and reported for

work or otherwise given notice of the continuance of his unemployment.

2. Notice of eligibility upon separation from employment. Every

employer liable under this article for contributions shall inform each

employee of their right to file an application for unemployment benefits

with the department. Such information shall be given at the time of each

permanent or indefinite separation from employment, reduction in hours,

temporary separation, and any other interruption of continued employment

that results in total or partial unemployment. Such notice shall be

given in writing on a form furnished or approved by the department and

shall include:

(a) the employer's name and registration number;

(b) the address of the employer to which a request for remuneration

and employment information with respect to such employee must be

directed; and

(c) such other information as is required by the commissioner.

3. Compensable periods. Benefits shall be paid for each effective

week.

4. Duration. Benefits shall not be paid in an amount greater than

twenty-six times the claimant's weekly benefit rate in any benefit year,

except as provided in section six hundred one and subdivision two of

section five hundred ninety-nine of this chapter.

* 5. Benefit rate. (a) A claimant's weekly benefit amount shall be one

twenty-sixth of the remuneration paid during the highest calendar

quarter of the base period by employers, liable for contributions or

payments in lieu of contributions under this article, provided the

claimant has remuneration paid in all four calendar quarters during his

or her base period or alternate base period. However, for any claimant

who has remuneration paid in all four calendar quarters during his or

her base period or alternate base period and whose high calendar quarter

remuneration during the base period is three thousand five hundred

seventy-five dollars or less, the benefit amount shall be one

twenty-fifth of the remuneration paid during the highest calendar

quarter of the base period by employers liable for contributions or

payments in lieu of contributions under this article. A claimant's

weekly benefit shall be one twenty-sixth of the average remuneration

paid in the two highest quarters paid during the base period or

alternate base period by employers liable for contributions or payments

in lieu of contributions under this article when the claimant has

remuneration paid in two or three calendar quarters provided however,

that a claimant whose high calendar quarter is four thousand dollars or

less but greater than three thousand five hundred seventy-five dollars

shall have a weekly benefit amount of one twenty-sixth of such high

calendar quarter. However, for any claimant who has remuneration paid in

two or three calendar quarters during his or her base period or

alternate base period and whose high calendar quarter remuneration

during the base period is three thousand five hundred seventy-five

dollars or less, the benefit amount shall be one twenty-fifth of the

remuneration paid during the highest calendar quarter of the base period

by employers liable for contributions or payments in lieu of

contributions under this article. Any claimant whose high calendar

quarter remuneration during the base period is more than three thousand

five hundred seventy-five dollars shall not have a weekly benefit amount

less than one hundred forty-three dollars. The weekly benefit amount, so

computed, that is not a multiple of one dollar shall be lowered to the

next multiple of one dollar. On the first Monday of September, nineteen

hundred ninety-eight the weekly benefit amount shall not exceed three

hundred sixty-five dollars nor be less than forty dollars, until the

first Monday of September, two thousand, at which time the maximum

benefit payable pursuant to this subdivision shall equal one-half of the

state average weekly wage for covered employment as calculated by the

department no sooner than July first, two thousand and no later than

August first, two thousand, rounded down to the lowest dollar. On and

after the first Monday of October, two thousand fourteen, the weekly

benefit shall not be less than one hundred dollars, nor shall it exceed

four hundred twenty dollars until the first Monday of October, two

thousand fifteen when the maximum benefit amount shall be four hundred

twenty-five dollars, until the first Monday of October, two thousand

sixteen when the maximum benefit amount shall be four hundred thirty

dollars, until the first Monday of October, two thousand seventeen when

the maximum benefit amount shall be four hundred thirty-five dollars,

until the first Monday of October, two thousand eighteen when the

maximum benefit amount shall be four hundred fifty dollars, until the

first Monday of October, two thousand nineteen when the maximum benefit

amount shall be thirty-six percent of the average weekly wage until the

first Monday of October, two thousand twenty when the maximum benefit

amount shall be thirty-eight percent of the average weekly wage, until

the first Monday of October two thousand twenty-one when the maximum

benefit amount shall be forty percent of the average weekly wage, until

the first Monday of October, two thousand twenty-two when the maximum

benefit amount shall be forty-two percent of the average weekly wage,

until the first Monday of October, two thousand twenty-three when the

maximum benefit amount shall be forty-four percent of the average weekly

wage, until the first Monday of October, two thousand twenty-four when

the maximum benefit amount shall be forty-six percent of the average

weekly wage, until the first Monday of October, two thousand twenty-five

when the maximum benefit amount shall be forty-eight percent of the

average weekly wage, until the first Monday of October, two thousand

twenty-six and each year thereafter on the first Monday of October when

the maximum benefit amount shall be fifty percent of the average weekly

wage provided, however, that in no event shall the maximum benefit

amount be reduced from the previous year.

(b) Notwithstanding the foregoing, the maximum benefit amount shall

not be increased in accordance with the schedule set forth in paragraph

(a) of this subdivision in any year in which the balance of the fund is

determined by the commissioner to not have reached or exceeded thirty

percent of the average high cost multiple, as defined in 20 CFR Part 606

as the standard for receipt of interest-free federal loans, on at least

one day between April first and June thirtieth of the same calendar year

as the increase shall take effect. If, following such suspension of an

increase in the maximum benefit amount, the commissioner shall

determine, on at least one day between April first and June thirtieth

that the balance of the fund is greater than such thirty percent average

high cost multiple, then the maximum benefit amount shall increase to

the percentage for the year previously scheduled to be established

pursuant to paragraph (a) of this subdivision had the increase not been

suspended and increased annually thereafter in accordance with the

schedule set forth in paragraph (a) of this subdivision. In no case

shall such suspension result in a reduction of the maximum benefit

amount to less than the amount provided in the most recent year.

(c) Benefit for partial unemployment. Except as provided in paragraph

(d) of this subdivision, any claimant who is partially unemployed with

respect to any effective week shall be paid, with respect to such

effective week, a benefit equal to his weekly benefit rate less the

total of the remuneration, if any, paid or payable to him with respect

to such week for services performed which is in excess of his partial

benefit credit.

* NB Effective until certain provisions are met (see Ch. 56 of 2025,

Part KK, § 4)

* 5. Benefit rate. (a) A claimant's weekly benefit amount shall be one

twenty-sixth of the remuneration paid during the highest calendar

quarter of the base period by employers, liable for contributions or

payments in lieu of contributions under this article, provided the

claimant has remuneration paid in all four calendar quarters during such

claimant's base period or alternate base period. However, for any

claimant who has remuneration paid in all four calendar quarters during

such claimant's base period or alternate base period and whose high

calendar quarter remuneration during the base period is three thousand

five hundred seventy-five dollars or less, the benefit amount shall be

one twenty-fifth of the remuneration paid during the highest calendar

quarter of the base period by employers liable for contributions or

payments in lieu of contributions under this article. A claimant's

weekly benefit shall be one twenty-sixth of the average remuneration

paid in the two highest quarters paid during the base period or

alternate base period by employers liable for contributions or payments

in lieu of contributions under this article when the claimant has

remuneration paid in two or three calendar quarters provided however,

that a claimant whose high calendar quarter is four thousand dollars or

less but greater than three thousand five hundred seventy-five dollars

shall have a weekly benefit amount of one twenty-sixth of such high

calendar quarter. However, for any claimant who has remuneration paid in

two or three calendar quarters during such claimant's base period or

alternate base period and whose high calendar quarter remuneration

during the base period is three thousand five hundred seventy-five

dollars or less, the benefit amount shall be one twenty-fifth of the

remuneration paid during the highest calendar quarter of the base period

by employers liable for contributions or payments in lieu of

contributions under this article. Any claimant whose high calendar

quarter remuneration during the base period is more than three thousand

five hundred seventy-five dollars shall not have a weekly benefit amount

less than one hundred forty-three dollars. The weekly benefit amount, so

computed, that is not a multiple of one dollar shall be lowered to the

next multiple of one dollar. On the first Monday of September, nineteen

hundred ninety-eight the weekly benefit amount shall not exceed three

hundred sixty-five dollars nor be less than forty dollars, until the

first Monday of September, two thousand, at which time the maximum

benefit payable pursuant to this subdivision shall equal one-half of the

state average weekly wage for covered employment as calculated by the

department no sooner than July first, two thousand and no later than

August first, two thousand, rounded down to the lowest dollar. On and

after the first Monday of October, two thousand fourteen, the weekly

benefit shall not be less than one hundred dollars, nor shall it exceed

four hundred twenty dollars until the first Monday of October, two

thousand fifteen when the maximum benefit amount shall be four hundred

twenty-five dollars, until the first Monday of October, two thousand

sixteen when the maximum benefit amount shall be four hundred thirty

dollars, until the first Monday of October, two thousand seventeen when

the maximum benefit amount shall be four hundred thirty-five dollars,

until the first Monday of October, two thousand eighteen when the

maximum benefit amount shall be four hundred fifty dollars, until the

first Monday of October, two thousand nineteen when the maximum benefit

amount shall be thirty-six percent of the average weekly wage until the

first Monday of October, two thousand twenty-five when the maximum

benefit amount shall be eight hundred sixty-nine dollars, until the

first Monday of October, two thousand twenty-six and each year

thereafter on the first Monday of October when the maximum benefit

amount shall be fifty percent of the average weekly wage provided,

however, that in no event shall the maximum benefit amount be reduced

from the previous year.

(b) Notwithstanding the foregoing, except for the increase to the

maximum benefit amount that is scheduled to occur on the first Monday of

October in the year two thousand twenty-five, the maximum benefit amount

shall not be increased in accordance with the schedule set forth in

paragraph (a) of this subdivision in any year in which the balance of

the fund is determined by the commissioner to not have reached or

exceeded thirty percent of the average high cost multiple, as defined in

20 CFR Part 606 as the standard for receipt of interest-free federal

loans, on at least one day between April first and June thirtieth of the

same calendar year as the increase shall take effect. If, following such

suspension of an increase in the maximum benefit amount, the

commissioner shall determine, on at least one day between April first

and June thirtieth that the balance of the fund is greater than such

thirty percent average high cost multiple, then the maximum benefit

amount shall increase to the percentage for the year previously

scheduled to be established pursuant to paragraph (a) of this

subdivision had the increase not been suspended and increased annually

thereafter in accordance with the schedule set forth in paragraph (a) of

this subdivision. In no case shall such suspension result in a reduction

of the maximum benefit amount to less than the amount provided in the

most recent year.

(c) Benefit for partial unemployment. Any claimant who is partially

unemployed with respect to any effective week shall be paid, with

respect to such effective week, a benefit equal to their weekly benefit

rate less the total of the remuneration, if any, paid or payable to them

with respect to such week for services performed which is in excess of

their partial benefit credit.

* NB Effective upon certain provisions (see Ch. 56 of 2025, Part KK, §

4)

6. Notification requirement. No effective week shall be counted for

any purposes except effective weeks as to which notification has been

given in a manner prescribed by the commissioner.

7. Waiting period. A claimant shall not be entitled to accumulate

effective weeks for the purpose of benefit payments until he has

accumulated a waiting period of one effective week.

8. Benefit payments to professional athletes. If substantially all of

a claimant's employment during his base period is as a participant in

sports or athletic events or in training or preparing to so participate,

no benefits shall be payable for any week commencing during the period

between two successive sports seasons or similar periods, provided there

is a reasonable assurance that the claimant will perform services in

such capacity for both of such seasons or similar periods.

For the purposes of this subdivision, "reasonable assurance" shall

mean a written contract that the claimant will perform services in the

same capacity during the ensuing sports season or similar period or a

claimant's offering of services in the successive season or similar

period and an interest by an employer in employing him.

9. Benefits based on employment performed by undocumented noncitizens.

(a) Remuneration received by a claimant who was a noncitizen at the time

such remuneration was paid shall not be taken into consideration for the

purpose of establishing rights to benefits under this article unless the

claimant was then lawfully admitted for permanent residence in the

United States, was then lawfully present for purposes of performing such

services or was then permanently residing in the United States under

color of law, including a claimant lawfully present pursuant to section

207 or 208 of the federal immigration and nationality act.

(b) A determination that benefits are not payable to a claimant

because of the claimant's noncitizen status shall be made only upon a

preponderance of the evidence, and shall be effective only if it is in

conformity with section 3304 (a) (14) of the federal unemployment tax

act.

(c) Any data or information required of a claimant to determine

whether benefits are not payable to such claimant because of noncitizen

status shall be uniformly required from all claimants.

(d) A noncitizen who is not eligible under 8 USC 1621(a) shall be

eligible for benefits, provided such noncitizen is eligible for benefits

under the provisions of this article and section 3304 (a) (14) of the

federal unemployment tax act.

10. Benefits based on professional employment with educational

institutions, including the state university of New York, the city

university of New York and any public community colleges. If a claimant

was employed in an instructional, research, or principal administrative

capacity by an institution of education, including the state university

of New York, the city university of New York and any public community

colleges, or performed services in such an institution in such capacity

while employed by an educational service agency, the following shall

apply to any week commencing during the period between two successive

academic years or terms, or during a similar period between two regular

but not successive terms when the contract provides therefor instead,

provided the claimant has a contract to perform, or there is a

reasonable assurance that the claimant will perform, services in such

capacity for any such institution or institutions for both of such

academic years or such terms, and to any week commencing during an

established and customary vacation period or holiday recess, not between

such academic terms or years, provided the claimant performed services

for such institution immediately before such vacation period or holiday

recess and there is a reasonable assurance that the claimant will

perform any services described in this subdivision or subdivision eleven

of this section in the period immediately following such vacation period

or holiday recess:

(a) In the case of a claimant who has no current benefit year, whether

the claimant meets the conditions of section five hundred twenty-seven

in any such week shall be determined by disregarding the remuneration

paid for such employment.

(b) In the case of a claimant who does have a current benefit year, no

benefits shall be payable with respect to any such week provided the

claimant would not have met the conditions of section five hundred

twenty-seven in the week in which the claimant filed a valid original

claim if the remuneration paid for such employment is disregarded.

(c) The benefit rate of a claimant with respect to any such week shall

be determined or redetermined by disregarding the remuneration paid for

such employment.

"Educational service agency" means a governmental agency or

governmental entity or Indian tribal entity which is established and

operated exclusively for the purpose of providing to one or more

educational institutions services mentioned under this subdivision or

subdivision eleven of this section.

For purposes of this subdivision or subdivision eleven of this

section, "educational institution" shall include any not-for-profit

community art school which is chartered as a school by the board of

regents of the university of state of New York.

11. Benefits based on non-professional employment with certain

educational institutions. If a claimant was employed in other than an

instructional, research or principal administrative capacity by an

educational institution, or performed services in such an institution in

such capacity while employed by an educational service agency, the

following shall apply to any week commencing during the period between

two successive academic years or terms provided there is a reasonable

assurance that the claimant will perform services in such capacity for

any such institution or institutions for both of such academic years or

terms, and to any week commencing during an established and customary

vacation period or holiday recess, not between such academic terms or

years, provided the claimant performed services for such institution

immediately before such vacation period or holiday recess and there is a

reasonable assurance that the claimant will perform any services

described in this subdivision or subdivision ten of this section in the

period immediately following such vacation period or holiday recess:

(a) In the case of a claimant who has no current benefit year, whether

the claimant meets the conditions of section five hundred twenty-seven

in any such week shall be determined by disregarding the remuneration

paid for such employment.

(b) In the case of a claimant who does have a current benefit year, no

benefits shall be payable with respect to any such week provided the

claimant would not have met the conditions of section five hundred

twenty-seven in the week in which the claimant filed a valid original

claim if the remuneration paid for such employment is disregarded.

(c) The benefit rate of a claimant with respect to any such week shall

be determined or redetermined by disregarding the remuneration paid for

such employment.

(d) Notwithstanding the foregoing provisions of this subdivision, a

claimant who was not offered an opportunity to perform services for the

educational institution for the second of such academic years or terms

shall be entitled to be paid benefits retroactively for each week for

which the claimant filed a timely claim for benefits and for which

benefits were denied solely by reason of this subdivision.

"Educational service agency" means a governmental agency or

governmental entity or Indian tribal entity which is established and

operated exclusively for the purpose of providing to one or more

educational institutions services mentioned under this subdivision or

subdivision ten of this section.

12. An individual claimant who has received a determination of

entitlement pursuant to section five hundred twenty-seven of this

article may request the commissioner to reconsider the benefit rate to

which such claimant is entitled under the following circumstances:

(a)(1) the claimant filed a valid original claim pursuant to

subdivision one or two of section five hundred twenty-seven of this

article or, in the event the claimant exercised his or her right to

apply to the commissioner to determine his or her benefits pursuant to

paragraph (b) of subdivision two of such section, the claimant selected

the base period to be utilized; and

(2) after the establishment of the base period to utilize pursuant to

subparagraph one of this paragraph, and within ten days of the date of

the mailing of the determination of the benefit rate to which the

claimant is entitled for such base period by the commissioner, the

claimant produces proof satisfactory to the commissioner and consistent

with wage data contained in the statewide wage reporting system

maintained by the department of taxation and finance or, in the

commissioner's sole discretion, sufficient to warrant its use in the

event that it is inconsistent with such wage data, that he or she has at

least twenty weeks of employment, as defined in section five hundred

twenty-four of this chapter, in such established base period. Such proof

shall include paycheck stubs, payroll envelopes, or cancelled checks.

(b) in the event that a claimant submits a request for reconsideration

of the benefit rate to the commissioner pursuant to paragraph (a) of

this subdivision, and one-half of the average weekly wage of all wages

paid for all weeks of employment for which proof satisfactory to the

commissioner was submitted pursuant to subparagraph two of paragraph (a)

of this subdivision during the established base period referenced in

such paragraph is at least five dollars more than the weekly benefit

amount calculated pursuant to subdivision five of this section, the

commissioner shall determine the claimant's benefit rate to be such

amount, but in no event shall such amount be more than the maximum

benefit rate in effect pursuant to subdivision five of this section.