§ 593. Disqualification for benefits. 1. Voluntary separation;
separation for a compelling family reason. (a) No weeks of total
unemployment or partial unemployment shall be deemed to occur after a
claimant's voluntary separation without good cause from employment until
he or she has subsequently worked in employment and earned remuneration
at least equal to ten times his or her weekly benefit rate. In addition
to other circumstances that may be found to constitute good cause,
including a compelling family reason as set forth in paragraph (b) of
this subdivision, voluntary separation from employment shall not in
itself disqualify a claimant if circumstances have developed in the
course of such employment that would have justified the claimant in
refusing such employment in the first instance under the terms of
subdivision two of this section or if the claimant, pursuant to an
option provided under a collective bargaining agreement or written
employer plan which permits waiver of his or her right to retain the
employment when there is a temporary layoff because of lack of work, has
elected to be separated for a temporary period and the employer has
consented thereto.

(b) A claimant shall not be disqualified from receiving benefits for
separation from employment due to any compelling family reason. For
purposes of this paragraph, the term "compelling family reason" shall
include, but not be limited to, separations related to any of the
following:

(i) domestic violence, verified by reasonable and confidential
documentation which causes the individual reasonably to believe that
such individual's continued employment would jeopardize his or her
safety or the safety of any member of his or her immediate family.

(ii) the illness or disability of a member of the individual's
immediate family. For the purposes of this subparagraph:

(A) The term "illness" means a verified illness which necessitates the
care of the ill person for a period of time longer than the employer is
willing to grant leave (paid or otherwise).

(B) The term "disability" means a verified disability which
necessitates the care of the disabled person for a period of time longer
than the employer is willing to grant leave (paid or otherwise).
"Disability" encompasses all types of disability, including: (1) mental
and physical disability; (2) permanent and temporary disabilities; and
(3) partial and total disabilities.

(iii) the need for the individual to accompany such individual's
spouse (A) to a place from which it is impractical for such individual
to commute and (B) due to a change in location of the spouse's
employment.

* (iv) where the spouse of the individual is a member of the armed
forces of the United States, the need for the individual to accompany
such individual's spouse (A) to a place from which it is impractical for
such individual to commute and (B) due to a change in location as a
result of a military transfer of the spouse.

* NB There are 2 sbpar (iv)'s

* (iv) the need for the individual to provide child care to the
individual's child if such individual has made reasonable efforts to
secure alternative child care.

* NB There are 2 sbpar (iv)'s

(c) A disqualification as provided in this subdivision shall also
apply after a claimant's voluntary separation from employment if such
voluntary separation was due to claimant's marriage.

2. Refusal of employment. No weeks of total unemployment or partial
unemployment shall be deemed to occur beginning with the week in which a
claimant, without good cause, refuses to accept an offer of employment
for which he or she is reasonably fitted by training and experience,
including employment not subject to this article, until he or she has
subsequently worked in employment and earned remuneration at least equal
to ten times his or her weekly benefit rate. Except that claimants who
are not subject to a recall date or who do not obtain employment through
a union hiring hall and who are still unemployed after receiving ten
weeks of benefits shall be required to accept any employment proffered
that such claimants are capable of performing, provided that such
employment would result in a wage not less than eighty percent of such
claimant's high calendar quarter wages received in the base period and
not substantially less than the prevailing wage for similar work in the
locality as provided for in paragraph (d) of this subdivision. No
refusal to accept employment shall be deemed without good cause nor
shall it disqualify any claimant otherwise eligible to receive benefits
if:

(a) a refusal to accept employment which would interfere with a
claimant's right to join or retain membership in any labor organization
or otherwise interfere with or violate the terms of a collective
bargaining agreement shall be with good cause;

(b) there is a strike, lockout, or other industrial controversy in the
establishment in which the employment is offered; or

(c) the employment is at an unreasonable distance from his residence,
or travel to and from the place of employment involves expense
substantially greater than that required in his former employment unless
the expense be provided for; or

(d) the wages or compensation or hours or conditions offered are
substantially less favorable to the claimant than those prevailing for
similar work in the locality, or are such as tend to depress wages or
working conditions; or

(e) the claimant is seeking part-time work as provided in subdivision
five of section five hundred ninety-six of this title and the offer of
employment is not comparable to his or her part-time work as defined in
such subdivision.

3. Misconduct. No weeks of total unemployment or partial unemployment
shall be deemed to occur after a claimant lost employment through
misconduct in connection with his or her employment until he or she has
subsequently worked in employment and earned remuneration at least equal
to ten times his or her weekly benefit rate.

4. Criminal acts. No weeks of total unemployment or partial
unemployment shall be deemed to occur during a period of twelve months
after a claimant loses employment as a result of an act constituting a
felony in connection with such employment, provided the claimant is duly
convicted thereof or has signed a statement admitting that he or she has
committed such an act. Determinations regarding a benefit claim may be
reviewed at any time. Any benefits paid to a claimant prior to a
determination that the claimant has lost employment as a result of such
act shall not be considered to have been accepted by the claimant in
good faith. In addition, remuneration paid to the claimant by the
affected employer prior to the claimant's loss of employment due to such
criminal act may not be utilized for the purpose of establishing
entitlement to a subsequent, valid original claim. The provisions of
this subdivision shall apply even if the employment lost as a result of
such act is not the claimant's last employment prior to the filing of
his or her claim.

5. Terms of disqualification. A disqualification pursuant to the
provisions of this section shall not be confined to a single benefit
year.

6. Determinations and hearings. The commissioner shall issue a
determination for any protest that is filed by any base period employer
within the time specified in the notification of potential charges based
on voluntary separations or misconduct. An employer or claimant may
request a hearing of such determination pursuant to section six hundred
twenty of this article.