§ 207 — Disability while unemployed

New York § 207

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 9: Disability Benefits

Text

§ 207. Disability while unemployed. 1. Employees entitled to\nunemployment insurance benefits. An employee whose employment with a\ncovered employer is terminated and who during a period of unemployment\nwithin twenty-six weeks immediately following such termination of\nemployment shall become ineligible for benefits currently being claimed\nunder the unemployment insurance law solely because of disability\ncommencing after June thirtieth, nineteen hundred fifty, and who on the\nday such disability commences is not employed or working for\nremuneration or profit and is not then otherwise eligible for benefits\nunder this article, shall be entitled to receive disability benefits as\nherein provided for each week of such disability for which week he would\nhave received unemployment insurance benefits if he were not so\ndisabled. The weekly benefit of such disabled employee shall be computed\nin the same manner as provided in subdivision two of section two hundred\nfour, and the benefits he is entitled to receive shall be subject to the\nlimitations as to maximum and minimum amounts and duration and other\nconditions and limitations prescribed in sections two hundred four, two\nhundred five and two hundred six.\n 2. Employees not eligible for unemployment insurance benefits. An\nemployee whose employment with a covered employer is terminated and who\nwas in employment of one or more covered employers and was paid wages of\nat least thirteen dollars in such employment in each of twenty calendar\nweeks during the thirty calendar weeks immediately preceding the date he\nlast worked for such covered employer, and who during a period of\nunemployment within twenty-six weeks immediately following such\ntermination of employment is not eligible to benefits under the\nunemployment insurance law because of lack of qualifying wages but who\nduring unemployment has evidenced his continued attachment to the labor\nmarket, shall be eligible for benefits under the provisions of this\nsubdivision for disability commencing after June thirtieth, nineteen\nhundred fifty. If such employee becomes disabled and continues to be\ndisabled for at least eight consecutive days during such twenty-six week\nperiod and on the day such disability commences he is not employed or\nworking for remuneration or profit and is not then otherwise eligible\nfor benefits under this article, he shall be entitled to receive\ndisability benefits, as herein provided, beginning with the eighth\nconsecutive day of such disability, for each week of such disability\nthereafter. The weekly benefit of such disabled employee shall be\ncomputed in the same manner as provided in subdivision two of section\ntwo hundred four, and the benefits he is entitled to receive shall be\nsubject to the limitations as to maximum and minimum amounts and\nduration and other conditions and limitations prescribed in sections two\nhundred four, two hundred five and two hundred six.\n 3. Payment of benefits. The benefits payable under this section shall\nbe subject to the provisions and limitations generally applicable to\ndisability benefits payable under this article, and shall be paid by the\nchairman out of any assets in the fund created by section two hundred\nfourteen. The chairman may require an employee claiming benefits under\nthis section to file proofs of disability and of his employment and\nwages, and other proofs reasonably necessary for the chairman to make in\nthe first instance the determination of eligibility and benefit rights\nunder this section; and may require his employer or his former employer\nor employers to file reports of employment and wages and other\ninformation reasonably necessary for such determination. The chairman\nmay make administrative regulations for such determinations. The\nchairman may also by regulation establish reasonable procedures for\ndetermining pro rata benefits payable with respect to disability periods\nof less than one week. Any employee claiming benefits under this section\nwhose claim is rejected in whole or in part by the chairman, shall be\nentitled to request a review by the board and shall have all the rights\nwith respect to contested claims provided in this article.\n 4. Qualification notwithstanding casual non-covered employment. An\nemployment of not more than four weeks with a non-covered employer or\nemployers occurring within such twenty-six weeks period shall not\ndisqualify an employee from benefits provided such employee was\notherwise eligible to receive benefits under this section at the time\nsuch employment for a non-covered employer commenced.\n 5. The foregoing provisions of this section shall not apply to family\nleave benefits, as family leave benefits are not available to employees\nthat are not employed at the time family leave is requested by filing\nthe notice and medical certification required by the chair.\n