Asked in Employment Law for New York

Q: Re: NYS Unemployment Insurance PUA (federal funded "Pandemic Unemployment Insurance" CARES Act) eligibility..

I am on extended travel outside the United States due to COVID-19 & I was approved for NYS Unemployment Insurance (UI) under the new CARES Act.

According to the NYS UI Manual, I can't claim for weekly unemployment benefits while I am travelling in a foreign country besides Canada. That's because I am not in Unemployment Market territory which makes me not available for work. I do understand that, but my UI application was approved according to the new CARES Act and this federal funded Act does not mention anything about those Americans stuck outside the USA cannot claim for federal funded Pandemic Unemployment Insurance. The UI Manual is more about regular unemployment insurance not Pandemic Unemployment Insurance or CARES Act.

I am really confused, should I claim for my weekly 600$ PUI while I am stuck outside the country OR should I just follow the warning and do not claim??! Please assist in finding the right path which would not bring me in big trouble with laws.

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1 Lawyer Answer
Sarah Elena Gold
Sarah Elena Gold
  • Albany, NY
  • Licensed in New York

A: Given that NYS oversees the claims even in this federal instance, to affirm that you are ready and willing to work within the country each time you would be claiming is fraud. If you can suspend the claim and start it back up once you're able to be in the country, that might work, but ultimately it's your call on whether you willing want to perjure yourself to get the money.

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