Q: Is this a new requirement?
A: No. Under regulations, NYS DOL has long required employers to provide workers with notice of their right to file for Unemployment Insurance when separated from employment. However, the new law expands this rule by requiring notice when employer-initiated action has the effect of potentially making the worker eligible for partial unemployment benefits.
Q: Does this requirement apply to employment situations where work schedules change weekly, for instance restaurant shifts?
A: Yes. Partial unemployment occurs when an employee works less than 30 hours in a week or earns less than the maximum benefit rate in a week.
Q: Does this requirement apply to seasonal employment?
A: Yes. Partial unemployment occurs when an employee works less than 30 hours in a week or earns less than the maximum benefit rate in a week.
Q: Does an educational institution he to provide this notice to an employee at the end of the academic year if they he offered the employee a reasonable assurance for continued employment in the successive academic year?
A: No, an institution that provides reasonable assurance is not required to provide this notification. A reasonable assurance is when an employer expresses a willingness, in good faith, to rehire an employee for the next academic year or term, and the economic conditions of the new school year are not expected to be significantly less forable.
Q: Does a temporary help firm need to provide employees with a copy of this notice upon the end of an assignment?
A: The law states that the notice is required when there is an interruption of continued employment resulting in total or partial unemployment. Partial unemployment occurs when an employee works less than 30 hours in a week or earns less than the maximum benefit rate in a week. If the worker is employed by the temporary help firm and transitions into another assignment while oiding partial or total unemployment, no notice would be required. If, however, there is a multi-day gap between assignments, then notice is required.
Q: I am an employer who reduced the weekly hours of employment for workers who earn less than the maximum benefit rate per week. Do I need to give a notice to those employees?
A: Yes. The threshold of partial unemployment eligibility is working at least 30 hours in a week or hing earned at least the maximum benefit rate in a week.
Q: I am an employer who reduced the weekly hours of employment for workers who will continue to earn more than the maximum benefit rate per week. Do I need to give notice to these employees?
A: No. The threshold of partial unemployment eligibility is working at least 30 hours in a week or hing earned at least the maximum benefit rate in a week.
Q: Is this notice required for employees who voluntarily terminate their employment, such as by resigning/quitting?
A: Yes. The law does not distinguish between those employees who separate from their positions voluntarily or not; therefore, a copy of the form should be given to all employees at the time of separation from that employer, regardless of whether the individual may be eligible to file an Unemployment Insurance claim, or not.
Q: Are employers required to use a specific form?
A: Yes. Employers are required to complete NYS DOL鈥檚 form that is ailable on-line here: Record of Employment (IA12.3) : Right to Apply for Unemployment Form.
Q: I am an employer operating under a Shared Work Plan approved by NYS DOL. Do I need to provide notice to those working under DOL approved Shared Work plans?
A: No. Employers will provide notice to employees as established through the Shared Work Plan. Additional information about the Shared Work can be found at the Shared Work Program Website.
Q: Where can I find more information to learn about partial unemployment benefits?
A: Information about partial unemployment benefits can be found at: Partial Unemployment Eligibility.