As of October 1, 2025, the maximum weekly unemployment benefit in New York will increase from $504 to $869. This is the first increase since 2019, as the state’s unemployment trust fund had a federal debt from the COVID-19 pandemic.
Key details about the unemployment increase:
· Maximum weekly benefit: The cap will be raised to $869, an increase of over 70%.
· Effective date: October 1, 2025.
· Funding and trust fund: The 2025 state budget included using up to $8 billion from rainy-day funds to pay off the federal debt and return the trust fund to solvency.
· Benefit indexing: After the initial increase, the maximum benefit will be indexed annually at 50% of the state’s average weekly wage.
· Employer tax relief: Paying off the federal debt will also eliminate the annual “Interest Assessment Surcharge” for New York businesses.
· Striking workers: The budget agreement reduces the waiting period for striking workers to receive unemployment benefits from three weeks to two.
2023 New York State Unemployment Notice Requirement
Beginning November 13, 2023, the law will require every employer who is obligated to contribute to the unemployment insurance system to notify their employees about their right to apply for unemployment benefits, when applicable.
That statute will now require employers to provide specific notifications to employees regarding their potential eligibility for unemployment benefits.
New York employers have already been expected to provide employees with a Record of Employment upon separation, the law will now require notification in more situations that don’t necessarily involve termination of employment.
When Is the Unemployment Notice Required?
Employers must provide this unemployment notice:
- At the time of each permanent or indefinite separation from employment.
- During a reduction in hours.
- During a temporary separation.
- For any other interruption of continued employment resulting in total or partial unemployment.
Unfortunately, the above terms are not specifically defined in the amended statute.
What Should the Unemployment Notice Include?
The required notice must be in writing and should be on a form either furnished or approved by the New York Department of Labor.
The notice must contain:
- Employer’s Details: This includes the employer’s name and registration number.
- Address for Communication: The notice should specify the address of the employer to which any request for remuneration and employment information regarding the employee should be directed.
- Additional Information: Any other information as required by the Department of Labor should also be included.
So far, the DOL has not yet released the required notice form. It is hoped that when it does so, the DOL will better explain the circumstances where notice must be provided short of permanent employment separation.
Implications for Employers
This new unemployment notice provision emphasizes the state’s commitment to ensuring that employees are well-informed about their rights. For employers, it means:
- Being Proactive: Employers should be ready with the required forms and processes in place by November 13, 2023.
- Training HR Teams: HR teams should be trained to understand the nuances of the new unemployment notice provision and ensure compliance.
- Avoiding Penalties: Non-compliance could lead to negative consequences regarding unemployment claims. It’s crucial for employers to adhere to these new unemployment notice requirements diligently. (Horton PLLC)
Advice on Fighting Unemployment Claims
When Should Employers Contest Unemployment Claims?
- Serious Misconduct or Voluntary Quit:
Employers should generally only contest claims if the employee was terminated for serious misconduct (such as theft, violence, or repeated policy violations) or if the employee quit without a compelling reason. Contesting claims in other situations can be time-consuming and may not be successful. - Clear Documentation:
Only proceed if you have solid documentation supporting your case, such as written warnings, termination letters, or evidence of policy violations.
Why Employers Should Rarely Fight Claims
- Cost vs. Benefit:
While unjustified claims can increase your unemployment insurance costs, fighting every claim is rarely cost-effective. Most HR experts recommend contesting only in clear-cut cases of misconduct or fraud. - Employee Relations:
Aggressively contesting claims can harm your reputation and employee morale. It’s often better to reserve challenges for the most egregious cases.
How to Contest an Unemployment Claim
- Respond Promptly:
When you receive notice of a claim, respond within the required timeframe and provide all requested information. - Present Evidence:
Be prepared to present evidence that the employee was terminated for misconduct or quit without good cause. This may include documentation of the employee’s duties, violations, and any warnings given. - Participate in Hearings:
If the claim is appealed, you may need to participate in a hearing. Bring witnesses and documentation to support your case. - Be Honest and Consistent:
Ensure all statements and evidence are truthful and consistent with previous records. Inconsistencies can undermine your credibility.
Best Practices
- Maintain Thorough Records:
Keep detailed records of employee performance, disciplinary actions, and reasons for separation. - Evaluate Each Case Individually:
Assess the merits of each claim before deciding to contest. Blanket opposition to all claims is discouraged. - Consult Legal or HR Experts:
When in doubt, seek advice from HR professionals or legal counsel to ensure compliance with state laws and best practices.
| State | Maximum Unemployment Benefit | State Agency Website and Phone Number |
| Alabama | $275/week | Alabama DOL (334)242-8025 |
| Alaska | $370/week | Alaska DOL (907)269-4700 |
| Arizona | $240/week | Arizona: How to Apply for UI (877)600-2722 |
| Arkansas | $451/week | Arkansas DOL (501)682-2121 |
| California | $750/week through September 6, 2021 After this, it will come down to $451/week | California DOL 1(800)300-5616 |
| Colorado | $918/week through September 6, 2021 After this, it will come down to $618/week | Colorado DOL (303)318-8000 |
| Connecticut | $949/week through September 6, 2021 After this, it will come down to $649/week | Connecticut DOL (203)941-6868 |
| Delaware | $700/week through September 6, 2021 Then it will come down to $400/week | Delaware DOL 1(800)794-3032 |
| D.C. | $744/week through September 6, 2021 After this, it will come down to $444/week | D.C. DOES (202)724-7000 |
| Florida | $275/week | Florida DEO 1(833)352-7759 |
| Georgia | $365/week | Georgia DOL 1(877)709-8185 |
| Hawaii | $948/week through September 6, 2021 After this, it will come down to $648/week | Hawaii DOL Oahu: (808)586-8970 Hilo: (808)974-4086 Kona: (808)322-4822 Maui: (808)984-8400 Kauai: (808)274-3043 |
| Idaho | $463/week | Idaho DOL (208)332-8942 |
| Illinois | $784/week through September 6, 2021 After this, it will come down to $484/week | Illinois DES 1(800)244-5631 |
| Indiana | $690/week through September 6, 2021 After this, it will come down to $390/week | Indiana DOL 1(800)891-6499 |
| Iowa | $481/week | Iowa Workforce Development 1(866)239-0843 |
| Kansas | $788/week through September 6, 2021 After this, it will come down to $488/week | Kansas DOL 1(800)292-6333 |
| Kentucky | $852/week through September 6, 2021 After this, it will come down to $552/week | Kentucky Career Center (502)875-0442 |
| Louisiana | Louisiana Workforce Commission 1(866)783-5567 | |
| Maine | $745/week through September 6, 2021 After this, it will come down to $445/week | Maine DOL 1(800)593-7660 |
| Maryland | $730/week through September 6, 2021 After this, it will come to $430/week | Maryland DOL Contact Info |
| Massachusetts | $1,123/week through September 6, 2021 After this, it will come down to $823/week | Mass DUA 1(877)636-6800 |
| Michigan | $662/week through September 6, 2021 After this, it will come down to $362/week | Michigan Department of Labor and Opportunity Contact Info |
| Minnesota | $1,040/week through September 6, 2021 After this, it will come down to $740/week | Minnesota Unemployment Insurance 1-877-898-9090 |
| Mississippi | $235/week | Mississippi DES 601-321-6000 |
| Missouri | $320/week | Missouri DOL Contact Info |
| Montana | $872/week through June 27, 2021 After this, it will come down to $552/week | Montana Unemployment Insurance Division 406-444-2545 |
| Nebraska | $440/week | NE Works 855-995-8863 |
| Nevada | $769/week through September 6, 2021 After this, it will come down to $469/week | Nevada DOL Contact Info |
| New Hampshire | $427/week | New Hampshire Workforce Connect 1(800)852-3400 |
| New Jersey | $1,013/week through September 6, 2021 After this, it will come down to $713/week | New Jersey DOL Contact Info |
| New Mexico | $811/week through September 6, 2021 After this, it will come down to $511/week | New Mexico Workforce Connection Contact Info |
| New York | $804/week through September 6, 2021 After this, it will come down to $504/week | New York DOL 1(888)581-5812 |
| North Carolina | $650/week through September 6, 2021 After this, it will come down to $350/week | North Carolina DES 1(888)737-0259 |
| North Dakota | $618/week | North Dakota DOL (701) 328-4995 |
| Ohio | $498/week | Ohio Department of Job and Family Services 1(877)644-6562 |
| Oklahoma | $539/week | Oklahoma ESC 1(800)555-1554 |
| Oregon | $973/week through September 6, 2021 After this, it will come down to $673/week | Oregon Employment Department 1(877)345-3484 |
| Pennsylvania | $872/week through September 6, 2021 After this, it will come down to $572/week | Pennsylvania Office of Unemployment Compensation Contact Info |
| Rhode Island | $886/week through September 6, 2021 After this, it will come down to $586/week | Rhode Island DLT (401)415-6772 |
| South Carolina | $326/week | South Carolina Department of Employment and Workforce 1(866)831-1724 |
| South Dakota | $428/week | South Dakota Department of Labor & Regulation (605)626-2452 |
| Tennessee | $275/week | Tennessee Department of Labor & Workforce Development 1(877)813-0950 |
| Texas | $535/week | Texas Workforce Commission 1(800)628-5115 |
| Utah | $580/week | Utah Workforce Services (801)526-9675 |
| Vermont | $831/week through September 6, 2021 After this, it will come down to $531/week | Vermont DOL 1(877) 214-3332 |
| Virginia | $678/week through September 6, 2021 After this, it will come down to $378/week | Virginia Employment Commission Contact Info |
| Washington | $1,144/week through September 6, 2021 After this, it will come down to $844/week | Washington Employment Security Department 1(800)318-6022 |
| West Virginia | $424/week | Workforce West Virginia 1(800)379-1032 |
| Wisconsin | $670/week through September 6, 2021 After this, it will come down to $370/week | Wisconsin Department of Workforce Development (608) 266-3131 |
| Wyoming | $508/week | WYUI (307)473-3789 |
If the employee is the one asking for time off, though, the requirement is not triggered. This can include a leave of absence, vacation, parental leave, personal leave, or any other type of paid or unpaid leave.
https://gusto.com/resources/articles/benefits/covid-state-unemployment-insurance-benefits
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