N.Y. Comp. Codes R. & Regs. tit. 12 § 490.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 490.5 - Total unemployment (unemployment insurance law, section 522)

(a) Days of rest and absence with pay. A claimant who is capable of and available for work is totally unemployed on Sundays, holidays and other days of rest scheduled by his employer, even if an employer-employee relationship exists on such days, provided he does not work on such days and they are not days of paid vacation or other paid leave.

(b) Termination of employment if dismissal payment is made. An employee's "employment" by an employer who has discharged him permanently or has laid him off for an indefinite period (no date for his return to work having been established) is terminated after the last day on which he was required to report for work even if he receives payments from the employer in addition to remuneration for the specific hours, days, weeks, or other periods during which he performed actual services. This principle applies likewise if such payments are made in lieu of paid vacation to which the employee is entitled or in lieu of notice.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 490.5