N.Y. Comp. Codes R. & Regs. tit. 12 § 472.8

Current through Register Vol. 46, No. 43, October 23, 2024

Section 472.8 - Notice upon separation

(a) Every employer liable for contributions shall inform each employee of his right to file an application for unemployment benefits with a field office of the Department of Labor. Such information shall be given at the time of each separation from his service if such separation is permanent or for an indefinite period. In case of temporary separation or any other interruption of continued services, such information shall be given only if the employer believes that it may result in more than three days of unemployment in any statutory week for which the employee's compensation does not exceed the amount set forth in section 523 of the Unemployment Insurance Law. Such notice shall be given in writing on a form furnished or approved the Department of Labor and shall include:

(1) the employer's name and registration number;

(2) the address of the employer to which a request for remuneration and employment information with respect to such employee must be directed;

(3) a statement advising the employee that he should have the form in his possession if and when he reports to an insurance office of the Department of Labor for the purpose of filing an application for benefits; and

(4) such other information as is required by the commissioner.

Such notice need not be given if the employer's pay vouchers, envelopes or pay check stubs furnished to employees contain the information and statement required by paragraphs (1), (2) and (3) of this subdivision.

(b) Every employer shall upon request submit to the office of the Department of Labor where an application for benefits is filed by the employee a statement giving the date and reasons for the separation and submitting other relevant information, including information concerning an employee's employment record in any statutory week for which certification of more than three days of total unemployment has been made by such employee. Every employer shall furnish this information on request within 10 days of the mailing or personal delivery of such request except that an extension of time may be allowed if it is shown to the commissioner's satisfaction that compliance within 10 days would occasion undue hardship to the employer.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 472.8