N.Y. Labor Law § 599: Career and related training; preservation of eligibility

§ 599. Career and related training; preservation of eligibility. 1.

Notwithstanding any other provision of this article, a claimant shall

not become ineligible for benefits because of the claimant's regular

attendance in a program of training which the commissioner has approved.

The commissioner shall give due consideration to existing and

prospective conditions of the labor market in the state, taking into

account present and anticipated supply and demand regarding the

occupation or skill to which the training relates, and to any other

relevant factor. However, in no event shall the commissioner approve

such training for a claimant unless:

(a) (1) the training will upgrade the claimant's existing skill or

train the claimant for an occupation likely to lead to more regular long

term employment; or

(2) employment opportunities for the claimant are or may be

substantially impaired because of:

(i) existing or prospective conditions of the labor market in the

locality or in the state or reduced opportunities for employment in the

claimant's occupation or skill; or

(ii) technological change, plant closing or plant removal,

discontinuance of specific plant operations, or similar reasons; or

(iii) limited opportunities for employment throughout the year due to

the seasonal nature of the industry in which the claimant is customarily

employed; or

(iv) the claimant's personal traits such as physical or mental

handicap; and

(b) the training relates to an occupation or skill for which there

are, or are expected to be in the immediate future, reasonable

employment opportunities in the state; and

(c) the training is offered by a competent and reliable agency and

does not require more than twenty-four months to complete; and

(d) the claimant has the required qualifications and aptitudes to

complete the training successfully.

2. (a) Notwithstanding any other provision of this chapter, a

claimant attending an approved training course or program under this

section may receive additional benefits of up to twenty-six times his or

her weekly benefit amount following exhaustion of regular and, if in

effect, any other extended benefits, provided that entitlement to a new

benefit claim cannot be established. Certification of continued

satisfactory participation and progress in such training course or

program must be submitted to the commissioner prior to the payment of

any such benefits. The amount of such additional benefits shall in no

case exceed twice the amount of regular benefits to which the claimant

is entitled at the time the claimant is accepted in, or demonstrates

application for appropriate training.

(b) No more than twenty million dollars of benefits per year shall be

made available for payment to claimants participating in such courses or

programs.

(c) Participation in such training course or program shall not be

limited to any selected areas or localities of the state but subject to

the availability of funds, shall be available to any claimant otherwise

eligible to participate in training courses or programs pursuant to this

section.

(d) The additional benefits paid to a claimant shall be charged to the

general account.

3. Notwithstanding any other provision of this article, a claimant who

is in training approved under the federal trade act of nineteen hundred

seventy-four shall not be disqualified or become ineligible for benefits

because he is in such training or because he left employment which is

not suitable employment to enter such training. For purposes hereof,

"suitable employment" means work of a substantially equal or higher

skill level than the claimant's past adversely affected employment and

for which the remuneration is not less than eighty percent of the

claimant's average weekly wage.