N.Y. Lab. Law § 592

§ 592. Suspension of accumulation of benefit rights. 1. Industrial\ncontroversy. (a) The accumulation of benefit rights by a claimant shall\nbe suspended during a period of seven consecutive weeks beginning with\nthe day after such claimant lost his or her employment because of a\nstrike or other industrial controversy except for lockouts, including\nconcerted activity not authorized or sanctioned by the recognized or\ncertified bargaining agent of the claimant, and other concerted activity\nconducted in violation of any existing collective bargaining agreement,\nin the establishment in which he or she was employed, except that\nbenefit rights may be accumulated before the expiration of such seven\nweeks beginning with the day after such strike or other industrial\ncontroversy was terminated.\n (b) Benefits shall not be suspended under this section if:\n (i) The employer hires a permanent replacement worker for the\nemployee's position. A replacement worker shall be presumed to be\npermanent unless the employer certifies in writing that the employee\nwill be able to return to his or her prior position upon conclusion of\nthe strike, in the event the strike terminates prior to the conclusion\nof the employee's eligibility for benefit rights under this chapter. In\nthe event the employer does not permit such return after such\ncertification, the employee shall be entitled to recover any benefits\nlost as a result of the seven week suspension of benefits, and the\ndepartment may impose a penalty upon the employer of up to seven hundred\nfifty dollars per employee per week of benefits lost. The penalty\ncollected shall be paid into the unemployment insurance control fund\nestablished pursuant to section five hundred fifty-two-b of this\narticle; or\n (ii) The commissioner determines that the claimant:\n (A) is not employed by an employer that is involved in the industrial\ncontroversy that caused his or her unemployment and is not participating\nin the industrial controversy; or\n (B) is not in a bargaining unit involved in the industrial controversy\nthat caused his or her unemployment and is not participating in the\nindustrial controversy.\n 2. Concurrent payments prohibited. No days of total unemployment shall\nbe deemed to occur in any week with respect to which or a part of which\na claimant has received or is seeking unemployment benefits under an\nunemployment compensation law of any other state or of the United\nStates, provided that this provision shall not apply if the appropriate\nagency of such other state or of the United States finally determines\nthat he is not entitled to such unemployment benefits.\n 3. Terms of suspension. No waiting period may be served during a\nsuspension period.\n The suspension of accumulation of benefit rights shall not be\nterminated by subsequent employment of the claimant irrespective of when\nthe claim is filed except as provided in subdivision one and shall not\nbe confined to a single benefit year.\n A "week" as used in subdivision one of this section means any seven\nconsecutive calendar days.\n