N.Y. LAB Law § 599

§ 599. Career and related training; preservation of eligibility. 1.\nNotwithstanding any other provision of this article, a claimant shall\nnot become ineligible for benefits because of the claimant's regular\nattendance in a program of training which the commissioner has approved.\nThe commissioner shall give due consideration to existing and\nprospective conditions of the labor market in the state, taking into\naccount present and anticipated supply and demand regarding the\noccupation or skill to which the training relates, and to any other\nrelevant factor. However, in no event shall the commissioner approve\nsuch training for a claimant unless:\n (a) (1) the training will upgrade the claimant's existing skill or\ntrain the claimant for an occupation likely to lead to more regular long\nterm employment; or\n (2) employment opportunities for the claimant are or may be\nsubstantially impaired because of:\n (i) existing or prospective conditions of the labor market in the\nlocality or in the state or reduced opportunities for employment in the\nclaimant's occupation or skill; or\n (ii) technological change, plant closing or plant removal,\ndiscontinuance of specific plant operations, or similar reasons; or\n (iii) limited opportunities for employment throughout the year due to\nthe seasonal nature of the industry in which the claimant is customarily\nemployed; or\n (iv) the claimant's personal traits such as physical or mental\nhandicap; and\n (b) the training relates to an occupation or skill for which there\nare, or are expected to be in the immediate future, reasonable\nemployment opportunities in the state; and\n (c) the training is offered by a competent and reliable agency and\ndoes not require more than twenty-four months to complete; and\n (d) the claimant has the required qualifications and aptitudes to\ncomplete the training successfully.\n 2. (a) Notwithstanding any other provision of this chapter, a\nclaimant attending an approved training course or program under this\nsection may receive additional benefits of up to twenty-six times his or\nher weekly benefit amount following exhaustion of regular and, if in\neffect, any other extended benefits, provided that entitlement to a new\nbenefit claim cannot be established. Certification of continued\nsatisfactory participation and progress in such training course or\nprogram must be submitted to the commissioner prior to the payment of\nany such benefits. The amount of such additional benefits shall in no\ncase exceed twice the amount of regular benefits to which the claimant\nis entitled at the time the claimant is accepted in, or demonstrates\napplication for appropriate training.\n (b) No more than twenty million dollars of benefits per year shall be\nmade available for payment to claimants participating in such courses or\nprograms.\n (c) Participation in such training course or program shall not be\nlimited to any selected areas or localities of the state but subject to\nthe availability of funds, shall be available to any claimant otherwise\neligible to participate in training courses or programs pursuant to this\nsection.\n (d) The additional benefits paid to a claimant shall be charged to the\ngeneral account.\n 3. Notwithstanding any other provision of this article, a claimant who\nis in training approved under the federal trade act of nineteen hundred\nseventy-four shall not be disqualified or become ineligible for benefits\nbecause he is in such training or because he left employment which is\nnot suitable employment to enter such training. For purposes hereof,\n"suitable employment" means work of a substantially equal or higher\nskill level than the claimant's past adversely affected employment and\nfor which the remuneration is not less than eighty percent of the\nclaimant's average weekly wage.\n