Overview
On Nov. 11, 2023, a new law took effect that requires all employers whose employees are eligible for Unemployment Insurance to notify those employees of their right to file for unemployment benefits at certain times.
This notice applies to all employees and must be made any time the following circumstances result in total or partial unemployment:
- A permanent or indefinite separation from employment,
- Hours are reduced,
- Temporary suspension, or
- Interruption in employment.
This law requires the notice to be in writing and on a specific DOL form that includes:
- The employer's name and registration number
- The employer’s address to direct a request for remuneration and employment information about the employee; and
- Other information required by the commissioner of labor.
Where do I find the form?
What has changed?
It’s important to note that rules around this eligibility notification have not substantively changed. Previously, employers were required to issue this notification under regulation 12 NYCRR 472.8.
One expansion to note is that, under the new law, this notice must be given to employees who experience a temporary separation or any other interruption of continued employment that results in total or partial unemployment.
It also removes the prior notice exceptions that existed if vouchers, envelopes or paycheck stubs furnished to employees contain required information.
Frequently Asked Questions
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 $504 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 $504 in a week.
Q: Does an educational institution have to provide this notice to an employee at the end of the academic year if they have 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 favorable.
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 $504 in a week. If the worker is employed by the temporary help firm and transitions into another assignment while avoiding 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 $504 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 having earned at least $504 in a week.
Q: I am an employer who reduced the weekly hours of employment for workers who will continue to earn more than $504 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 having earned at least $504 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’s form that is available 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.