Search This Site.

Vacation paid after I quit my job, does this delay when I can file a new york unemployment claim?

I live in New York and I recently lost my job. I had 2 weeks of vacation pay due to me. My employer paid me the 2 weeks vacation pay, however, when I filed for unemployment I received a letter stating the following:


You recently certified for unemployment benefits for the week ending XX/XX/XX.

Because your responses resulted in no credit towards your unpaid waiting week, your claim is not valid. You may file a new cliam during the first week in which you work less than 4 days and earned less than $405.00 gross. To file a new claim, call NYS Department of Labor Telephone Claims Center 888-209-8124.





Really .. they don't think your claim is valid because what .. you reported the vacation pay?

That I don't quite understand .. I think they should have only denied benefits for two weeks because vacation pay is often considered wages, but no work is performed when the employment relationship is severed. That's when you become officially and totally unemployed .. generally speaking that is.

Since I don't know what "responses" might be the problem, I suggest you read section 1400 of the NY interpretation index

I do understand you shouldn't be eligible for two weeks, however I don't understand why they say the claim is invalid nor why they aren't just pushing that unpaid waiting week out for you to serve the after those two weeks.

You might also take a look at the USDOL information about vacation pay and unemployment benefits. It's begins on page 36 and it explains some of the variances in state laws regarding the issue .. it also includes a table with how each state addresses vacation pay.

Next to NY, it says benefits are denied for weeks of vacation pay .. not that it makes the claim invalid.

Click here to post comments

Return to New York State Unemployment Benefits Questions.

} }