N.Y. Labor Law § 593: Disqualification for benefits

§ 593. Disqualification for benefits. 1. Voluntary separation;

separation for a compelling family reason. (a) No weeks of total

unemployment or partial unemployment shall be deemed to occur after a

claimant's voluntary separation without good cause from employment until

he or she has subsequently worked in employment and earned remuneration

at least equal to ten times his or her weekly benefit rate. In addition

to other circumstances that may be found to constitute good cause,

including a compelling family reason as set forth in paragraph (b) of

this subdivision, voluntary separation from employment shall not in

itself disqualify a claimant if circumstances have developed in the

course of such employment that would have justified the claimant in

refusing such employment in the first instance under the terms of

subdivision two of this section or if the claimant, pursuant to an

option provided under a collective bargaining agreement or written

employer plan which permits waiver of his or her right to retain the

employment when there is a temporary layoff because of lack of work, has

elected to be separated for a temporary period and the employer has

consented thereto.

(b) A claimant shall not be disqualified from receiving benefits for

separation from employment due to any compelling family reason. For

purposes of this paragraph, the term "compelling family reason" shall

include, but not be limited to, separations related to any of the

following:

(i) domestic violence, verified by reasonable and confidential

documentation which causes the individual reasonably to believe that

such individual's continued employment would jeopardize his or her

safety or the safety of any member of his or her immediate family.

(ii) the illness or disability of a member of the individual's

immediate family. For the purposes of this subparagraph:

(A) The term "illness" means a verified illness which necessitates the

care of the ill person for a period of time longer than the employer is

willing to grant leave (paid or otherwise).

(B) The term "disability" means a verified disability which

necessitates the care of the disabled person for a period of time longer

than the employer is willing to grant leave (paid or otherwise).

"Disability" encompasses all types of disability, including: (1) mental

and physical disability; (2) permanent and temporary disabilities; and

(3) partial and total disabilities.

(iii) the need for the individual to accompany such individual's

spouse (A) to a place from which it is impractical for such individual

to commute and (B) due to a change in location of the spouse's

employment.

* (iv) where the spouse of the individual is a member of the armed

forces of the United States, the need for the individual to accompany

such individual's spouse (A) to a place from which it is impractical for

such individual to commute and (B) due to a change in location as a

result of a military transfer of the spouse.

* NB There are 2 sbpar (iv)'s

* (iv) the need for the individual to provide child care to the

individual's child if such individual has made reasonable efforts to

secure alternative child care.

* NB There are 2 sbpar (iv)'s

(c) A disqualification as provided in this subdivision shall also

apply after a claimant's voluntary separation from employment if such

voluntary separation was due to claimant's marriage.

2. Refusal of employment. No weeks of total unemployment or partial

unemployment shall be deemed to occur beginning with the week in which a

claimant, without good cause, refuses to accept an offer of employment

for which he or she is reasonably fitted by training and experience,

including employment not subject to this article, until he or she has

subsequently worked in employment and earned remuneration at least equal

to ten times his or her weekly benefit rate. Except that claimants who

are not subject to a recall date or who do not obtain employment through

a union hiring hall and who are still unemployed after receiving ten

weeks of benefits shall be required to accept any employment proffered

that such claimants are capable of performing, provided that such

employment would result in a wage not less than eighty percent of such

claimant's high calendar quarter wages received in the base period and

not substantially less than the prevailing wage for similar work in the

locality as provided for in paragraph (d) of this subdivision. No

refusal to accept employment shall be deemed without good cause nor

shall it disqualify any claimant otherwise eligible to receive benefits

if:

(a) a refusal to accept 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 shall be with good cause;

(b) there is a strike, lockout, or other industrial controversy in the

establishment in which the employment is offered; or

(c) the employment is at an unreasonable distance from his residence,

or travel to and from the place of employment involves expense

substantially greater than that required in his former employment unless

the expense be provided for; or

(d) the wages or compensation or hours or conditions offered are

substantially less favorable to the claimant than those prevailing for

similar work in the locality, or are such as tend to depress wages or

working conditions; or

(e) the claimant is seeking part-time work as provided in subdivision

five of section five hundred ninety-six of this title and the offer of

employment is not comparable to his or her part-time work as defined in

such subdivision.

3. Misconduct. No weeks of total unemployment or partial unemployment

shall be deemed to occur after a claimant lost employment through

misconduct in connection with his or her employment until he or she has

subsequently worked in employment and earned remuneration at least equal

to ten times his or her weekly benefit rate.

4. Criminal acts. No weeks of total unemployment or partial

unemployment shall be deemed to occur during a period of twelve months

after a claimant loses employment as a result of an act constituting a

felony in connection with such employment, provided the claimant is duly

convicted thereof or has signed a statement admitting that he or she has

committed such an act. Determinations regarding a benefit claim may be

reviewed at any time. Any benefits paid to a claimant prior to a

determination that the claimant has lost employment as a result of such

act shall not be considered to have been accepted by the claimant in

good faith. In addition, remuneration paid to the claimant by the

affected employer prior to the claimant's loss of employment due to such

criminal act may not be utilized for the purpose of establishing

entitlement to a subsequent, valid original claim. The provisions of

this subdivision shall apply even if the employment lost as a result of

such act is not the claimant's last employment prior to the filing of

his or her claim.

5. Terms of disqualification. A disqualification pursuant to the

provisions of this section shall not be confined to a single benefit

year.

6. Determinations and hearings. The commissioner shall issue a

determination for any protest that is filed by any base period employer

within the time specified in the notification of potential charges based

on voluntary separations or misconduct. An employer or claimant may

request a hearing of such determination pursuant to section six hundred

twenty of this article.