12 CRR-NY 473.4NY-CRR
12 CRR-NY 473.4
12 CRR-NY 473.4
473.4 Work search.
(a) In order to continue to be eligible for benefits, the claimant must establish that he or she is ready, willing, and able to work; and actively seeking work during each week for which he or she is claiming benefits. Labor Law section 591.2 requires that in order to be considered to be actively seeking work, a claimant must be engaged in “systematic and sustained efforts to find work”. The claimant must provide proof of these work search efforts to the Department of Labor upon request, unless exempted pursuant to subdivision (k) of this section.
(b) A claimant’s “systematic and sustained efforts to find work” must include at least three work search activities per week in an effort to obtain suitable work. These activities must be conducted on different days of the week, and must include at least one activity from paragraphs (1)-(5) of this subdivision. The reemployment services orientation and initial assessment at the career center may satisfy the three work search activities for that week. The Department of Labor is authorized to develop a written work search plan for a claimant pursuant to subdivision (l) of this section which may include the work search activities listed in subdivision (c) of this section or additional activities specified in the plan.
(c) Work search activities may include, but are not limited to:
(1) Using employment resources available at the local career center, such as:
(i) meeting with career center advisors;
(ii) receiving job market information from career center staff regarding the availability of jobs for a particular industry or region;
(iii) participating in skills assessments for occupation matching;
(iv) participating in instructional workshops;
(v) obtaining and following up with employers on job referrals and job matches from the career center.
(2) Visiting a job site and completing a job application in person with employers who may reasonably be expected to have openings.
(3) Submitting a job application and/or resume, in response to a public notice or want ad, or to employers who may reasonably be expected to have openings.
(4) Attending job search seminars, scheduled career networking meetings, job fairs, or employment-related workshops that offer instruction in improving individual skills for obtaining employment.
(5) Interviewing with potential employers.
(6) Applying for employment with former employer(s).
(7) Registering with and checking in with private employment agencies, placement services, unions, and placement offices of schools, colleges or universities, and/or professional organizations.
(8) Using the telephone, business directories, internet, or online job matching systems to search for jobs, get leads, request referrals, or make appointments for job interviews.
(9) Applying and/or registering for and taking Civil Service examination(s) for government job openings.
(d) The term suitable work, as used throughout this section, is defined as work for which the claimant is reasonably fitted by training and/or experience.
(e) After 10 full weeks of benefits are claimed, the definition of suitable work will be expanded to include any work that the claimant is capable of performing, whether or not he or she has any experience or training in such work, pursuant to Labor Law section 593.2.
(f) Proof of work search efforts must include a written weekly record of work search activity. All information in the record must be true, accurate, and verifiable. Whenever possible, supporting documentation (job fair employer list, printouts from online search efforts, a prospective employer’s business card, etc.) should be maintained with the work search record.
(g) The work search record must include:
(1) Names, addresses (mail, e-mail, or web address) and telephone numbers of potential employers contacted and, if available, the names and/or job titles of specific people contacted.
(2) Dates, contact methods used, and, if known, the results of contacts.
(3) Position or job title applied for or seeking.
(4) Date, location, and description of other work search efforts. Examples include meeting with an advisor at the local career center, attending workshops or a job fair at a local community college, searching online job listings at the local library, updating resume, etc.
(h) Weekly written work search records must be retained for one year, unless submitted online through the Department of Labor website. The Department of Labor may request work search records to verify continued eligibility for benefits, or in connection with a claim review, audit, or a hearing or appeal in which work search is an issue. The claimant is expected to keep clear and detailed records as specified in subdivision (g) of this section, and shall provide the written records required by this section upon request. If a claimant fails to provide records, the claimant will be subject to sanctions identified in subdivision (j) of this section. The Commissioner of Labor may require the submission of the weekly work search record to the Department of Labor.
(i) A claimant who has willfully made a false statement or representation about work search activities will be subject to a denial of benefits, repayment of benefits received, and penalties being imposed. These penalties shall be consistent with any other penalties imposed under the Labor Law or any State or Federal statute.
(j) In relation to any failure to conduct a systematic and sustained work search or keep a work search record as discussed in subdivision (g) of this section, or provide a work search record pursuant to subdivision (h) of this section:
(1) If claimant has an established work search plan then these failures shall result in a determination of ineligibility for benefits.
(2) If claimant has no established work search plan, the claimant shall be required to report to their career center for the establishment of a work search plan as discussed in subdivision (l) of this section. Any failure to report to establish the work search plan shall result in a determination of ineligibility for benefits.
(k) A claimant is exempted from work search requirements on the following bases:
(1) A temporary layoff or seasonal loss of employment where the employer has given a definite return-to-work date of four weeks or less.
(2) A union member who must obtain work through the union. The union member must be in compliance with union membership and work search requirements.
(3) Participation in a training program approved by the Department of Labor, such as those approved pursuant to Labor Law section 599.
(4) Serving on a jury.
(5) Participation in a Department of Labor-approved shared work program.
(6) Participation in a Department of Labor-approved self employment assistance program.
(7) Any exemption required by State or Federal law.
(l) Written work search plan.
(1) The Department of Labor will develop a work search plan with a claimant when:
(i) in the department’s judgment, the claimant’s work search is inadequate or the claimant has failed to maintain or provide a work search record;
(ii) the claimant requests a work search plan; or
(iii) Federal programs require a work search plan.
(2) The work search plan shall include strategies and approaches which are tailored to the claimant’s specific skills, experience, training and circumstances. If a claimant is limiting his or her work search for any reason, the work search plan will discuss these restrictions. The Department of Labor will advise the claimant whether these restrictions will be a barrier to the claimant’s eligibility for benefits. If such a barrier exists, the claimant will be given an opportunity to remove the restriction. For example, these restrictions may include salary expectations, expectations regarding hours of work, or limits on work location.
(m) Good cause.
(1) Unless the Department of Labor determines in its sole discretion that there is good cause, a claimant may not limit his or her work search. The standards for determining good cause for acceptable limitations on work search shall be consistent with the standards for determining good cause pursuant to sections 591(2) and 593(2) of the Labor Law.
(2) Good cause may include, but is not limited to the following:
(i) Location or geographic area. A claimant may limit his or her work search to exclude employment which is at an unreasonable distance from his or her residence, or travel to and from the place of employment involves expense substantially greater than that required in his or her former employment.
(ii) Number of hours, days of the week, or compensation. A claimant may limit his or her work search to exclude employment where the wages or compensation or hours or conditions offered are substantially less favorable to the claimant than those prevailing for similar work in the locality, or are such as tend to depress wages or working conditions.
(iii) Interference with labor organization. A claimant may limit his or her work search to exclude employment which would interfere with a claimant’s right to join or retain membership in any labor organization or otherwise interfere with or violate the terms of a collective bargaining agreement.
(iv) Strike, lockout or industrial controversy. A claimant may limit his or her work search to exclude employment where there is a strike, lockout, or other industrial controversy in the establishment in which the employment is offered.
(v) Part-time employment. A claimant may limit his or her work search to exclude employment where the offer of employment is not comparable to his or her part-time work as defined in section 596(5) of the Labor Law.
(3) It is not good cause for a claimant to limit his or her work search to a specific position or type of work when suitable work is available to the claimant.
(n) The claimant must notify the Department of Labor if the claimant is incapable or unavailable for work, in which case the claimant’s benefits will be suspended until the claimant is once again capable and available for work.
12 CRR-NY 473.4
Current through August 31, 2021
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