Last year, the New York legislature made changes to the statute governing the use of Form IA 12.3, called Unemployment Insurance Division Record of Employment.It is to be given to an employee at the time of separation, so they are aware of their right to apply for unemployment benefits. Form IA 12.3 has been in existence for quite some time but the language about its use was updated to include more instances of unemployment.
2023 Changes to Form IA 12.3
The change made in 2023 was to include any and all periods of separation, whether they be permanent, temporary or for a reduction in hours or any other interruption of continued employment that results in total or partial employment. Section 590 of the New York Consolidated Laws, N.Y. Labor Law stipulates the form should include the employer’s name and registration number, the address of the employer to which a request for remuneration and employment information with respect to such employee must be directed and such other information as required by the commissioner. The document provides instructions for the employee on how to apply for benefits, what data is necessary and to whom they can reach out if there are questions.
While there is currently no financial penalty for an employer for not systematically presenting this form to an affected employee, it is good practice to do so in the event a claim should be contested.A state workforce agency adjudicator may be more likely to assign a disqualification and non-charge status for employers who use this form regularly, and if the termination reason warrants a disqualification.As a third-party agent representing employers in the state of New York, we recommend employers use this form as it is outlined in statute.A copy of the form is available on the New York Department of Labor’s website if you do not have a current copy.
Unemployment compensation laws are difficult to navigate so it is important employers follow all statutory guidelines to the best of their ability.If you need guidance on this or any unemployment law, please contact us.