Striking Workers Get Unemployment Access, But Must Wait 14 Days Under New Act

The “Empowering Striking Workers Act of 2025” makes a significant change to who qualifies for unemployment insurance (UI). Currently, in many places, if you are out of work because of a strike or a lockout, you don’t qualify for UI. This bill reverses that, making it clear that workers—including those only indirectly affected by the labor dispute—can now access unemployment benefits. This is a game-changer for workers in prolonged disputes, offering a financial safety net that wasn’t there before (SEC. 2).

The Two-Week Financial Gap

While the bill opens the door to benefits, it doesn't open it immediately. You can’t start collecting UI until the earliest of three events occurs: 14 days have passed since the strike or lockout began, your employer hires permanent replacement workers, or the dispute ends and you are officially unemployed (SEC. 2). For a worker already living paycheck-to-paycheck, that mandatory two-week waiting period is a major hurdle. Think of a warehouse worker or a nurse going on strike; they need immediate support to cover rent and groceries, but this provision forces a 14-day gap, creating an immediate financial squeeze right when they need the funds most. It’s a benefit, but one that starts with a significant delay.

No Job Hunting Required

One of the most practical changes in this bill addresses the core requirement of unemployment: actively looking for a new job. Normally, if you're collecting UI, you have to prove you’re searching for work. This bill creates an exemption for those out of work due to a strike or lockout. If you’re unable to work because of the labor dispute, you are exempt from the standard job search requirement (SEC. 2). This is critical because it means a striking worker can focus their time and energy on the dispute—like walking the picket line—without having to spend hours applying for temporary jobs they don't intend to keep, which would defeat the purpose of the strike.

The Replacement Worker Trigger

Another interesting trigger for benefits is when the employer hires “permanent replacement workers.” If this happens on day three of the strike, benefits could start immediately after that (skipping the 14-day wait). However, this provision might create a perverse incentive. If an employer knows hiring permanent replacements will trigger their former employees' UI benefits—which the company often pays into—they might delay hiring replacements or only hire temporary ones to keep the financial pressure on the striking workers. This provision is designed to help workers, but its real-world effect could depend on how quickly an employer decides to escalate the dispute by hiring permanent staff.