N.Y.
Labor Law Section 599
Career and related training
- preservation of eligibility
1.
Notwithstanding any other provision of this article, a claimant shall not become ineligible for benefits because of the claimant’s regular attendance in a program of training which the commissioner has approved. The commissioner shall give due consideration to existing and prospective conditions of the labor market in the state, taking into account present and anticipated supply and demand regarding the occupation or skill to which the training relates, and to any other relevant factor. However, in no event shall the commissioner approve such training for a claimant unless:(a)
(1) the training will upgrade the claimant’s existing skill or train the claimant for an occupation likely to lead to more regular long term employment; or(2)
employment opportunities for the claimant are or may be substantially impaired because of:(i)
existing or prospective conditions of the labor market in the locality or in the state or reduced opportunities for employment in the claimant’s occupation or skill; or(ii)
technological change, plant closing or plant removal, discontinuance of specific plant operations, or similar reasons; or (iii) limited opportunities for employment throughout the year due to the seasonal nature of the industry in which the claimant is customarily employed; or(iv)
the claimant’s personal traits such as physical or mental handicap; and(b)
the training relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in the state; and(c)
the training is offered by a competent and reliable agency and does not require more than twenty-four months to complete; and(d)
the claimant has the required qualifications and aptitudes to complete the training successfully.2.
* (a) Notwithstanding any other provision of this chapter, a claimant attending an approved training course or program under this section may receive additional benefits of up to one hundred four effective days following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the commissioner prior to the payment of any such benefits. The duration of such additional benefits shall in no case exceed twice the number of effective days of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training. * NB Effective until November 6, 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 (see chapter 56 of 2024 Pt.Z-§1 for further provisions) * (a) Notwithstanding any other provision of this chapter, a claimant attending an approved training course or program under this section may receive additional benefits of up to twenty-six times his or her weekly benefit amount following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the commissioner prior to the payment of any such benefits. The amount of such additional benefits shall in no case exceed twice the amount of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training. * NB Effective November 6, 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 (see chapter 56 of 2024 Pt.Z-§1 for further provisions) -- NOTE: This is extended every fifteen days through DOL notification letter until system is ready to be implemented (b) No more than twenty million dollars of benefits per year shall be made available for payment to claimants participating in such courses or programs.(c)
Participation in such training course or program shall not be limited to any selected areas or localities of the state but subject to the availability of funds, shall be available to any claimant otherwise eligible to participate in training courses or programs pursuant to this section.(d)
The additional benefits paid to a claimant shall be charged to the general account.3.
Notwithstanding any other provision of this article, a claimant who is in training approved under the federal trade act of nineteen hundred seventy-four shall not be disqualified or become ineligible for benefits because he is in such training or because he left employment which is not suitable employment to enter such training. For purposes hereof, “suitable employment” means work of a substantially equal or higher skill level than the claimant’s past adversely affected employment and for which the remuneration is not less than eighty percent of the claimant’s average weekly wage.
Source:
Section 599 — Career and related training; preservation of eligibility, https://www.nysenate.gov/legislation/laws/LAB/599 (updated Oct. 25, 2024; accessed Oct. 26, 2024).
