Unemployment Insurance FAQs

The department does not deny anyone the right to file a claim for unemployment benefits. Asking someone to work without providing any payment is a violation of the law and you should submit a wage claim to the New Mexico Wage and Hour Bureau to receive payment for hours worked.

It is a federal requirement that you must be able and available to accept suitable work in order to qualify for unemployment benefits.

You must be physically and mentally able to work and accept full-time or part-time work of at least 20 hours per week. If you are ill, injured, on a leave of absence, or unable to work for any other reason, you may not be considered able and may not be eligible for benefits for that period of time.

Examples of reasons you may not be able to accept work include, but are not limited to:

• Out of country travel
• Illness
• Injury
• Hospitalization
• Incarceration
• School attendance
• Loss of childcare
• Loss of transportation

You may be required to provide evidence of your ability to work, such as a doctor's note.

It is a federal requirement that you must be able and available to accept suitable work in order to qualify for unemployment benefits. 

You must be available for work in order to receive Unemployment Insurance (UI) benefits. You will be considered available for work, if your unemployment is related to COVID-19, so long as you are taking all necessary steps to return to work for your regular employer and/or have not withdrawn from the labor market. Your eligibility is not impaired when you are physically unable to work, or engaged in activities which would prevent you from working, provided the time period is not more than two full calendar days AND the inability or activities do not reduce or risk your chances for employment.

The following are not valid reasons to refuse an offer of suitable work, including but not limited to:

• Placing unreasonable restrictions on the hours you will work, for example:
  • Applying for a full-time job and then telling the employer you cannot work full-time or part-time of at least 20 hours per week
  • Applying for a job with evening hours and then telling the employer you can only work mornings
• The wage you will accept, for example:
  • Applying for a job that pays $12-$15 per hour and then telling the employer that you won’t work for less than $25 per hour
• The distance you will travel to work, for example:
  • Applying for a job that is 40 miles away from your home and then telling the employer that it is too far for you to commute

If your employer is holding your job while you are on a Leave of Absence or on approved family leave under the Medical Leave Act of 1993, you will not be considered available for work.

It is a federal requirement that you must be able and available to accept suitable work in order to qualify for unemployment benefits.

When a work search waiver is not in place, you must be actively looking for full-time or part-time work of at least 20 hours per week. You are required to make a minimum of two different work search contacts every week to qualify for benefits. If you complete two different work searches each week you certify, you will be considered to be actively looking for work. If you attend and complete one of the workshops offered by either the New Mexico Department of Workforce Solutions or a New Mexico Workforce Connection Center, you can count this as one of your two work searches for the week. You can also complete two searches for the week with the same employer if you apply for two different positions.

Examples of reasons you may not be actively seeking work include, but are not limited to:

• Out of country travel
• Illness
• Injury
• Hospitalization
• Incarceration
• School attendance
• Loss of childcare
• Loss of transportation

Any reason that stops you from actively looking for work must be reported.

It is a federal requirement that you must be able and available to accept suitable work in order to qualify for unemployment benefits. 

Waiver of Work Search

If the department waives your work search for any reason, you will not be required to complete two worksearches for the week and will not be asked if you are actively seeking work on your weekly certification. 

Jury Duty
You will be considered able/available/actively seeking work when you are serving as a juror. Payment received for this service is not considered wages and does not need to be reported on your weekly certification. You are required to provide the summons in order to document that you are able/available.

It is a federal requirement that you must be able and available to accept suitable work in order to qualify for unemployment benefits. A

When you complete your weekly certification, answer YES when asked if you are able and available IF:

• You were physically able to do your work before you lost your job (and you lost your job/hours due to your own COVID-19 illness, your need to care for a family/household member with COVID-19, or your employment situation changed because of the COVID-19 public health emergency); OR
• You are out of work temporarily due to an employer-closure related to COVID-19 and expect to return to your job; OR
• You are able and available to work at least 20 hours per week - this includes any type of work for which you are qualified, including virtual (telework) and/or a job with flexible hours; OR
• You are able and available for work if you are still currently working reduced hours.

If you haven’t submitted your claim, the system will allow you to modify any information you have already entered on your claim. If you want to add another employer and have already submitted your claim, you must call the Operations Center at 1-877-664-6984, Monday through Friday, 7:00am – 5:00pm

If you want to add a dependent and have already submitted your claim, go to your Home Page, select “View and Maintain Account Information” from the left-side menu, in the drop-down menu, select “Dependent Information” option and then add the dependent(s) on the screen provided.

If you want to change from debit card to direct deposit (or vice versa), go to your Home Page, select “View and Maintain Account Information” from the left-side menu, from the drop-down menu select “Payment Method Options and Tax Information.” From the Payment Methods Options and Tax Information, select the “Edit” button and make your change.

No. Unemployment Insurance benefits are funded by an employer tax. It is against the law for employers to deduct unemployment taxes from your wages.

Use this helpful tool to find answers to frequently asked questions about letters you may receive.

If the Department receives a rejection or return on a direct deposit account for any reason, it will result in a paper check being issued to you by mail. There are many reasons why this could happen, including, but not limited to, the following: Wrong account number or routing number provided; Closed account; Bank closed account due to overdraft fees; Bank rejected payment; Name on payment did not match the name associated with the bank account. Once the Department receives the reject payment file back from the bank, usually in 3-5 days, the system will automatically send out a paper check. You may receive a call from the Department requesting you to correct your direct deposit information online. Please note that we cannot take this information over the phone. You may also receive notification of the rejected payment directly from your bank. If you do not have a valid bank account you will be placed on the debit card payment method.