§ 593. Disqualification for benefits. 1. Voluntary separation;
separation for a compelling family reason. * (a) No days of total
unemployment shall be deemed to occur after a claimant's voluntary
separation without good cause from employment until he or she has
subsequently worked in employment and earned remuneration at least equal
to ten times his or her weekly benefit rate. In addition to other
circumstances that may be found to constitute good cause, including a
compelling family reason as set forth in paragraph (b) of this
subdivision, voluntary separation from employment shall not in itself
disqualify a claimant if circumstances have developed in the course of
such employment that would have justified the claimant in refusing such
employment in the first instance under the terms of subdivision two of
this section or if the claimant, pursuant to an option provided under a
collective bargaining agreement or written employer plan which permits
waiver of his or her right to retain the employment when there is a
temporary layoff because of lack of work, has elected to be separated
for a temporary period and the employer has consented thereto.

* NB Effective until the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

* (a) No weeks of total unemployment or partial unemployment shall be
deemed to occur after a claimant's voluntary separation without good
cause from employment until he or she has subsequently worked in
employment and earned remuneration at least equal to ten times his or
her weekly benefit rate. In addition to other circumstances that may be
found to constitute good cause, including a compelling family reason as
set forth in paragraph (b) of this subdivision, voluntary separation
from employment shall not in itself disqualify a claimant if
circumstances have developed in the course of such employment that would
have justified the claimant in refusing such employment in the first
instance under the terms of subdivision two of this section or if the
claimant, pursuant to an option provided under a collective bargaining
agreement or written employer plan which permits waiver of his or her
right to retain the employment when there is a temporary layoff because
of lack of work, has elected to be separated for a temporary period and
the employer has consented thereto.

* NB Effective on the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

(b) A claimant shall not be disqualified from receiving benefits for
separation from employment due to any compelling family reason. For
purposes of this paragraph, the term "compelling family reason" shall
include, but not be limited to, separations related to any of the
following:

(i) domestic violence, verified by reasonable and confidential
documentation which causes the individual reasonably to believe that
such individual's continued employment would jeopardize his or her
safety or the safety of any member of his or her immediate family.

(ii) the illness or disability of a member of the individual's
immediate family. For the purposes of this subparagraph:

(A) The term "illness" means a verified illness which necessitates the
care of the ill person for a period of time longer than the employer is
willing to grant leave (paid or otherwise).

(B) The term "disability" means a verified disability which
necessitates the care of the disabled person for a period of time longer
than the employer is willing to grant leave (paid or otherwise).
"Disability" encompasses all types of disability, including: (1) mental
and physical disability; (2) permanent and temporary disabilities; and
(3) partial and total disabilities.

(iii) the need for the individual to accompany such individual's
spouse (A) to a place from which it is impractical for such individual
to commute and (B) due to a change in location of the spouse's
employment.

* (iv) where the spouse of the individual is a member of the armed
forces of the United States, the need for the individual to accompany
such individual's spouse (A) to a place from which it is impractical for
such individual to commute and (B) due to a change in location as a
result of a military transfer of the spouse.

* NB There are 2 sbpar (iv)'s

* (iv) the need for the individual to provide child care to the
individual's child if such individual has made reasonable efforts to
secure alternative child care.

* NB There are 2 sbpar (iv)'s

(c) A disqualification as provided in this subdivision shall also
apply after a claimant's voluntary separation from employment if such
voluntary separation was due to claimant's marriage.

2. Refusal of employment. * No days of total unemployment shall be
deemed to occur beginning with the day on which a claimant, without good
cause, refuses to accept an offer of employment for which he or she is
reasonably fitted by training and experience, including employment not
subject to this article, until he or she has subsequently worked in
employment and earned remuneration at least equal to ten times his or
her weekly benefit rate. Except that claimants who are not subject to a
recall date or who do not obtain employment through a union hiring hall
and who are still unemployed after receiving ten weeks of benefits shall
be required to accept any employment proffered that such claimants are
capable of performing, provided that such employment would result in a
wage not less than eighty percent of such claimant's high calendar
quarter wages received in the base period and not substantially less
than the prevailing wage for similar work in the locality as provided
for in paragraph (d) of this subdivision. No refusal to accept
employment shall be deemed without good cause nor shall it disqualify
any claimant otherwise eligible to receive benefits if:

* NB Effective until the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

* No weeks of total unemployment or partial unemployment shall be
deemed to occur beginning with the week in which a claimant, without
good cause, refuses to accept an offer of employment for which he or she
is reasonably fitted by training and experience, including employment
not subject to this article, until he or she has subsequently worked in
employment and earned remuneration at least equal to ten times his or
her weekly benefit rate. Except that claimants who are not subject to a
recall date or who do not obtain employment through a union hiring hall
and who are still unemployed after receiving ten weeks of benefits shall
be required to accept any employment proffered that such claimants are
capable of performing, provided that such employment would result in a
wage not less than eighty percent of such claimant's high calendar
quarter wages received in the base period and not substantially less
than the prevailing wage for similar work in the locality as provided
for in paragraph (d) of this subdivision. No refusal to accept
employment shall be deemed without good cause nor shall it disqualify
any claimant otherwise eligible to receive benefits if:

* NB Effective on the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

(a) a refusal to accept 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 shall be with good cause;

(b) there is a strike, lockout, or other industrial controversy in the
establishment in which the employment is offered; or

(c) the employment is at an unreasonable distance from his residence,
or travel to and from the place of employment involves expense
substantially greater than that required in his former employment unless
the expense be provided for; or

(d) 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; or

(e) the claimant is seeking part-time work as provided in subdivision
five of section five hundred ninety-six of this title and the offer of
employment is not comparable to his or her part-time work as defined in
such subdivision.

* 3. Misconduct. No days of total unemployment shall be deemed to
occur after a claimant lost employment through misconduct in connection
with his or her employment until he or she has subsequently worked in
employment and earned remuneration at least equal to ten times his or
her weekly benefit rate.

* NB Effective until the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

* 3. Misconduct. No weeks of total unemployment or partial
unemployment shall be deemed to occur after a claimant lost employment
through misconduct in connection with his or her employment until he or
she has subsequently worked in employment and earned remuneration at
least equal to ten times his or her weekly benefit rate.

* NB Effective on the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

* 4. Criminal acts. No days of total unemployment shall be deemed to
occur during a period of twelve months after a claimant loses employment
as a result of an act constituting a felony in connection with such
employment, provided the claimant is duly convicted thereof or has
signed a statement admitting that he or she has committed such an act.
Determinations regarding a benefit claim may be reviewed at any time.
Any benefits paid to a claimant prior to a determination that the
claimant has lost employment as a result of such act shall not be
considered to have been accepted by the claimant in good faith. In
addition, remuneration paid to the claimant by the affected employer
prior to the claimant's loss of employment due to such criminal act may
not be utilized for the purpose of establishing entitlement to a
subsequent, valid original claim. The provisions of this subdivision
shall apply even if the employment lost as a result of such act is not
the claimant's last employment prior to the filing of his or her claim.

* NB Effective until the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

* 4. Criminal acts. No weeks of total unemployment or partial
unemployment shall be deemed to occur during a period of twelve months
after a claimant loses employment as a result of an act constituting a
felony in connection with such employment, provided the claimant is duly
convicted thereof or has signed a statement admitting that he or she has
committed such an act. Determinations regarding a benefit claim may be
reviewed at any time. Any benefits paid to a claimant prior to a
determination that the claimant has lost employment as a result of such
act shall not be considered to have been accepted by the claimant in
good faith. In addition, remuneration paid to the claimant by the
affected employer prior to the claimant's loss of employment due to such
criminal act may not be utilized for the purpose of establishing
entitlement to a subsequent, valid original claim. The provisions of
this subdivision shall apply even if the employment lost as a result of
such act is not the claimant's last employment prior to the filing of
his or her claim.

* NB Effective on the first Monday after April 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier

5. Terms of disqualification. A disqualification pursuant to the
provisions of this section shall not be confined to a single benefit
year.

6. Determinations and hearings. The commissioner shall issue a
determination for any protest that is filed by any base period employer
within the time specified in the notification of potential charges based
on voluntary separations or misconduct. An employer or claimant may
request a hearing of such determination pursuant to section six hundred
twenty of this article.