N.Y. Labor Law § 592: Suspension of accumulation of benefit rights

§ 592. Suspension of accumulation of benefit rights. 1. Industrial

controversy. (a) The accumulation of benefit rights by a claimant shall

be suspended during a period of one week beginning with the day after

such claimant lost their employment because of a strike or other

industrial controversy except for lockouts, including concerted activity

not authorized or sanctioned by the recognized or certified bargaining

agent of the claimant, and other concerted activity conducted in

violation of any existing collective bargaining agreement, in the

establishment in which such claimant was employed, except that benefit

rights may be accumulated before the expiration of such one week period

beginning with the day after such strike or other industrial controversy

was terminated.

(b) Benefits shall not be suspended under this section if:

(i) The employer hires a permanent replacement worker for the

employee's position. A replacement worker shall be presumed to be

permanent unless the employer certifies in writing that the employee

will be able to return to such employee's prior position upon conclusion

of the strike, in the event the strike terminates prior to the

conclusion of the employee's eligibility for benefit rights under this

chapter. In the event the employer does not permit such return after

such certification, the employee shall be entitled to recover any

benefits lost as a result of the one week suspension of benefits, and

the department may impose a penalty upon the employer of up to seven

hundred fifty dollars per employee per week of benefits lost. The

penalty collected shall be paid into the unemployment insurance control

fund established pursuant to section five hundred fifty-two-b of this

article; or

(ii) The commissioner determines that the claimant:

(A) is not employed by an employer that is involved in the industrial

controversy that caused such claimant's unemployment and is not

participating in the industrial controversy; or

(B) is not in a bargaining unit involved in the industrial controversy

that caused such claimant's unemployment and is not participating in the

industrial controversy.

2. Concurrent payments prohibited. No weeks of total unemployment or

partial unemployment shall be deemed to occur in any week with respect

to which a claimant has received or is seeking unemployment benefits

under an unemployment compensation law of any other state or of the

United States, provided that this provision shall not apply if the

appropriate agency of such other state or of the United States finally

determines that he is not entitled to such unemployment benefits.

3. Terms of suspension. No waiting period may be served during a

suspension period.

The suspension of accumulation of benefit rights shall not be

terminated by subsequent employment of the claimant irrespective of when

the claim is filed except as provided in subdivision one of this section

and shall not be confined to a single benefit year.

A "week" as used in subdivision one of this section means any seven

consecutive calendar days.