(Note: Sections in red pertain to the September 11, 2001 WTC Disaster)
I have been laid off. Am I a dislocated worker?
A dislocated worker is defined as a worker who:
| (A) | (i) | has been terminated or laid off, or who has received a notice of termination or layoff, from employment; |
| (ii) | (I) is eligible for or has exhausted entitlement to unemployment compensation; or | |
| (II) has been employed for a duration sufficient to demonstrate to the appropriate entity at a One-Stop Center, attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under state unemployment compensation law; and | ||
| (iii) | and is unlikely to return to a previous industry or occupation; | |
| (B) | (i) | has been terminated or laid off, or received notice of termination or layoff, from employment as a result of any permanent closure of or substantial layoff at a plant, facility or enterprise; |
| (ii) | is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or | |
| (iii) | is employed at a facility at which the employer has made a general announcement that such facility will close; | |
| (C) | was self-employed but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or | |
| (D) | is a displaced homemaker (A displaced homemaker is an individual who has been providing unpaid services to family members in the home and has been dependent on the income of another family member but is no longer supported by that income and is unemployed or underemployed and experiencing difficulty in obtaining or upgrading employment). | |
How do I file for unemployment insurance benefits?
New York State residents may apply for UI Benefits through the automated Tel-Claim System. The toll free telephone number for filing your claim is 1-888-209-8124. Those having a language difficulty (other than Spanish), or a speech or hearing impairment may request that a friend or relative assist in the telephone claim process. Hearing impaired individuals, who have Telephone Device for the Deaf (TTY/TDD) equipment, may file a claim by calling a relay operator at 1-800-662-1220 and requesting the operator to call 1-888-783-1370. Service at this number will only be provided to callers using TDD equipment.
Your claim should be filed in the first week that you have become totally or partially unemployed. A delay may cost you benefits.
Individuals unable to report to work due to the disaster are encouraged to apply for unemployment insurance benefits by calling the State Department of Labor's Telephone Claims Center at 1-888-209-8124, Monday through Friday, from 8:00 a.m. to 6:00 p.m. For claimants affected by the disaster who experience difficulty filing via telephone, applications are also being taken in-person at Department of Labor Employment Services Offices in New York City.
Disaster relief is also available to employers affected by the disaster. Such relief includes extensions of time to file returns and make payments, rescheduling of hearings, on-line change of addresses, and the Shared Work Program as one alternative to layoffs. For more information on these relief programs, contact the department at 1-888-899-8810. Businesses affected by the disaster may be able to benefit from layoff aversion grants to assist in workforce retention through retraining or skills upgrading. For more information about these grant programs, please call 1-800-447-3992.
What information do I need to have to file my claim?
If you do not have all of the documents listed above, you may still file a claim. There may be some delay, however, in receiving your first payment.
Should I wait a week before filing my claim?
No. File your claim during your first week of total or partial unemployment - to delay may cost you benefits. Under normal circumstances, the week during which you file your claim for unemployment insurance benefits is an unpaid “waiting period.” The payment of unemployment insurance benefits would then begin with the second week of unemployment.
We heard that, under certain circumstances, the Governor waived the one-week waiting period. What are those circumstances and what does that mean?
There is a special exception to this rule in light of the recent disaster. On September 12, 2001, the Governor issued an Executive Order waiving the one-week waiting period for unemployment insurance claims filed as a result of the attack. Under normal circumstances, applicants for unemployment insurance are not eligible to collect benefits until one week after filing their claim. The Governor's order waives the waiting period for individuals who are now unemployed as a result of the disaster and file for benefits before December 7.
I have been determined to be ineligible for unemployment insurance benefits, is there any emergency income available for me?
Governor Pataki has announced that people living or working in Bronx, Delaware, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester Counties may be eligible for Disaster Unemployment Assistance (DUA) resulting from the effects of the World Trade Center attack. DUA may be available to persons whose jobs or homes are in the fifteen counties declared to be major disaster areas by President Bush at the request of Governor Pataki.
DUA was created specifically for workers who find themselves suddenly jobless as result of a disaster and who do not qualify for regular unemployment insurance benefits. This includes persons who have become the breadwinner or major financial support for a household because the head of the household died as a direct result of the disaster. DUA is also available for individuals filing an initial claim who are determined eligible for DUA due to illness, injury, or disability caused by the disaster. Only those found ineligible for normal unemployment insurance can be eligible for DUA. The benefit amount of DUA payable to an eligible unemployed or unemployed self-employed individual for a week of unemployment is determined by the United States Department of Labor (USDOL).
Payment will be made to an unemployed self-employed individual if, as a direct result of the major disaster, such individual (1) no longer can perform regular services in self-employment, or (2) is unable to reach the place where self-employment services are performed, or (3) was to commence regular service in self-employment but does not have a place or is unable to reach the place where services are performed, or (4) cannot perform services because of a disaster incurred injury. Note there is no provision to pay an individual becoming the breadwinner of a deceased self-employed individual.
Persons, including the self-employed, who were unable to work as a result of the disaster, should begin the application process for Unemployment Insurance and/or DUA by telephoning the Department of Labor's Telephone Claims Center at 1-888-209-8124, Monday through Friday, from 8:00 a.m. to 6:00 p.m. The deadline for filing for DUA benefits has been extended to December 16. For claimants affected by the disaster who experience difficulty filing via telephone, applications are also being taken in-person at Department of Labor Employment Services Offices in New York City.
Entitlement to DUA will be based on the applicant's statement, and determination will be made immediately. Documentation to support the statement must be submitted within 21 days. Documentation does not have to consist of detailed documents such as tax returns or death certificates. It can be a simple statement of income deposits from a bank or a news article listing a death. A legal representative may file for an incapacitated applicant.
What other assistance is available?
Following a major disaster, the Individual Family Grant Program (IFG) is available to provide funds to disaster victims as expeditiously as possible to cover those necessary expenses or serious needs for which other governmental assistance is either unavailable or inadequate, and for which other assistance from other means has not been received or refused. The total grant awarded to each individual or family may not exceed $14,400. Grants are available to cover disaster related necessary expenses including housing, personal property, transportation, medical or dental expenses, funeral expenses, flood insurance and other reasonable expenses deemed covered. The IFG program is administered by the Department of Labor. For more information on the IFG program please call 1-800-462-9029. For TTY please call 1-800-462-7585.
There is also a National Emergency Grant (NEG) under the Workforce Investment Act (WIA). The Workforce Investment Act (WIA) authorizes the United States Secretary of Labor to award National Emergency Grants (NEG) to assist any state that has suffered an emergency or major disaster to provide disaster relief employment. The New York State Department of Labor submitted a NEG application to USDOL and has been awarded up to $25 million in WIA disaster-related funds. These monies will be used to fund a disaster relief special temporary jobs project to support the clean up and recovery efforts which will ensure public safety and resumption of regular business activities and employment.
Where do I go to receive services and get information?
Services in New York State are provided through the One-Stop System. Within this system, there are One-Stop Career Centers – one physical location that houses a variety of employment service providers – and a network of affiliated sites. A listing of One-Stop Career Centers can be found on the Workforce Development web site at onestops.htm.
What can I expect to find at a One-Stop Center?
One-Stop Centers have Resource Rooms that are equipped with computers and reference materials to aid in career decision-making and job seeking. Computers are available to conduct Internet searches, type and print resumes and cover letters, and access Federal and State job bank listings. Reference materials may include the daily newspaper, books on resume writing and interviewing techniques, business periodicals, college catalogues, phone books and literature about services available in the local community.
Knowledgeable staff are available to assist in using the Resource Room, doing an advanced job search, developing an employment plan (including the development of a resume), and identifying funding for training, if needed.
What other services are available to a dislocated worker at the One-Stop Center?
If you are unable to obtain employment through the core services available in the Resource Room, the following services would also be available:
What if I still can't find work or my skills are too specialized?
For those who can't find work through the above listed services, funds may be available for training in a demand occupation. Training services may include:
How do I find out about COBRA coverage and how do I elect to take it?
Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired. When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits. Here is the sequence of events:
Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.
If I elect COBRA, how much do I pay?
When you were an active employee, your employer may have paid all or part of your group health premiums. Under COBRA, as a former employee no longer receiving benefits, you will usually pay the entire premium amount—that is, the premium that you paid as an active employee plus the amount of the contribution made by your employer. In addition, there may be a 2 percent administrative fee. While COBRA rates may seem high, you will be paying group premium rates, which are usually lower than individual rates.
Since it is likely that there will be a lapse of a month or more between the date of layoff and the time you make the COBRA election decision, you may have to pay health premiums retroactively—from the time of separation from the company. The first premium, for instance, will cover the entire time since your last day of employment with your former employer. You should also be aware that it is your responsibility to pay for COBRA coverage even if you do not receive a monthly statement. Although they are not required to do so, some employers may subsidize COBRA coverage.
When does COBRA coverage begin?
Once you elect coverage and pay for it, COBRA coverage begins on the date that health care coverage ceased. It is, essentially, retroactive. In addition, the health care coverage you receive is the same as it is for active employees.
How long does COBRA coverage last?
Generally, individuals who qualify initially are covered for a maximum of 18 months, but coverage may end earlier under certain circumstances. Those circumstances include:
Employers may offer longer periods of COBRA coverage but are only required to do so under special circumstances, such as disability (yours or a family member's), your death or divorce, or when your child ceases to meet the definition of a dependent child under the health plan.
Who can answer other COBRA questions?
COBRA administration is shared by three federal agencies. The Department of Labor (DOL) handles questions about notification rights under COBRA for private-sector employees. The Department of Health and Human Services (HHS) handles questions relating to state and local government workers. The Internal Revenue Service (IRS), Department of the Treasury, has other COBRA jurisdiction.
More details about COBRA coverage are included in the booklet Health Benefits under the Consolidated Omnibus Budget Reconciliation Act. Information on how to obtain a copy and telephone numbers for the DOL office nearest you are located at the back of this booklet. You may obtain telephone numbers for the nearest HHS and IRS offices by calling the Federal Information Center at: 1-800-688-9889.
Where can I get more information on these issues?
The following web sites have such information:
For information on job rights for veterans and reserve component members:
http://www.dol.gov/dol/vets/public/programs/fact/vet97-3.htm
For information on pension and health care coverage for dislocated workers:
http://www.dol.gov/dol/pwba/public/pubs/disloc1.htm
For various sources of information on victims benefits and assistance:
http://www.firstgov.gov/Topics/Usgresponse/Victims_Benefits.shtml