New York Labor Code § 593

Disqualification for benefits
Open in Lexace · Ask the AI about this section
§ 593. Disqualification for benefits. 1. Voluntary separation;\nseparation for a compelling family reason.  (a) No weeks of total\nunemployment or partial unemployment shall be deemed to occur after a\nclaimant's voluntary separation without good cause from employment until\nhe or she has subsequently worked in employment and earned remuneration\nat least equal to ten times his or her weekly benefit rate. In addition\nto other circumstances that may be found to constitute good cause,\nincluding a compelling family reason as set forth in paragraph (b) of\nthis subdivision, voluntary separation from employment shall not in\nitself disqualify a claimant if circumstances have developed in the\ncourse of such employment that would have justified the claimant in\nrefusing such employment in the first instance under the terms of\nsubdivision two of this section or if the claimant, pursuant to an\noption provided under a collective bargaining agreement or written\nemployer plan which permits waiver of his or her right to retain the\nemployment when there is a temporary layoff because of lack of work, has\nelected to be separated for a temporary period and the employer has\nconsented thereto.\n  (b) A claimant shall not be disqualified from receiving benefits for\nseparation from employment due to any compelling family reason. For\npurposes of this paragraph, the term "compelling family reason" shall\ninclude, but not be limited to, separations related to any of the\nfollowing:\n  (i) domestic violence, verified by reasonable and confidential\ndocumentation which causes the individual reasonably to believe that\nsuch individual's continued employment would jeopardize his or her\nsafety or the safety of any member of his or her immediate family.\n  (ii) the illness or disability of a member of the individual's\nimmediate family. For the purposes of this subparagraph:\n  (A) The term "illness" means a verified illness which necessitates the\ncare of the ill person for a period of time longer than the employer is\nwilling to grant leave (paid or otherwise).\n  (B) The term "disability" means a verified disability which\nnecessitates the care of the disabled person for a period of time longer\nthan the employer is willing to grant leave (paid or otherwise).\n"Disability" encompasses all types of disability, including: (1) mental\nand physical disability; (2) permanent and temporary disabilities; and\n(3) partial and total disabilities.\n  (iii) the need for the individual to accompany such individual's\nspouse (A) to a place from which it is impractical for such individual\nto commute and (B) due to a change in location of the spouse's\nemployment.\n  * (iv) where the spouse of the individual is a member of the armed\nforces of the United States, the need for the individual to accompany\nsuch individual's spouse (A) to a place from which it is impractical for\nsuch individual to commute and (B) due to a change in location as a\nresult of a military transfer of the spouse.\n  * NB There are 2 sbpar (iv)'s\n  * (iv) the need for the individual to provide child care to the\nindividual's child if such individual has made reasonable efforts to\nsecure alternative child care.\n  * NB There are 2 sbpar (iv)'s\n  (c) A disqualification as provided in this subdivision shall also\napply after a claimant's voluntary separation from employment if such\nvoluntary separation was due to claimant's marriage.\n  2. Refusal of employment.  No weeks of total unemployment or partial\nunemployment shall be deemed to occur beginning with the week in which a\nclaimant, without good cause, refuses to accept an offer of employment\nfor which he or she is reasonably fitted by training and experience,\nincluding employment not subject to this article, until he or she has\nsubsequently worked in employment and earned remuneration at least equal\nto ten times his or her weekly benefit rate. Except that claimants who\nare not subject to a recall date or who do not obta

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.