Section 593. Disqualification for benefits

1.  Voluntary  separation;
  separation for  a  compelling  family  reason.  (a)  No  days  of  total
  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  five  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 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.
    (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  days  of  total  unemployment  shall  be
  deemed to occur beginning with the day on which a claimant, without good
  cause,  refuses  to  accept  an  offer  of  employment  for  which he is
  reasonably fitted by training and experience, including  employment  not
  subject  to this article, until he has subsequently worked in employment
  and earned remuneration at least equal to five 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 thirteen 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 days of total 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 five times his or
  her weekly benefit rate.
    4. Criminal acts. No days of total 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.