North Dakota Unemployment 2026: $800 Max, Eligibility, How to File

North Dakota's maximum regular unemployment benefit is $800 a week under Job Service North Dakota's benefit chart for the schedule running July 5, 2026 through July 3, 2027. The minimum is $43 a week, a figure fixed in North Dakota Century Code § 52-06-04. The US Department of Labor's July 2026 table still lists a North Dakota maximum of $815, but the state's own chart controls. North Dakota adds no dependents' allowance.

Benefits last 12 to 26 weeks, depending on how evenly your wages were spread across your base period. The maximum is tied to the state average weekly wage and, as Job Service North Dakota (JSND) says, is "subject to change each July."

JSND runs the program and takes claims online and by phone. For how unemployment works nationally, including federal tax on benefits, see our guide to unemployment benefits by state.

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers regular state unemployment insurance in North Dakota under North Dakota Century Code Title 52 (chapters 52-01 and 52-06). It does not cover federal programs for federal civilian employees or veterans (UCFE/UCX), Disaster Unemployment Assistance, extended benefits, or claims filed in other states.

Who is eligible for unemployment in North Dakota

You may be eligible if you are out of work or working reduced hours, earned enough wages in insured work during your base period, and are able to work, available for work and actively seeking work. JSND decides each claim.

Your base period is "the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year," under § 52-01-01. Your benefit year lasts 52 weeks.

The earnings test, in § 52-06-04, has two parts. You must have been paid wages in at least two calendar quarters of your base period, and your total base-period wages must be at least one and one-half times your wages in your highest quarter. Your weekly benefit amount must also reach the $43 minimum.

If you collected benefits before, wages earned after your prior base period can count toward a new benefit year only if you have since earned at least 10 times your current weekly benefit amount.

How much unemployment pays in North Dakota

Section 52-06-04 sets the formula. Your weekly benefit amount is "one sixty-fifth" of the sum of your wages in the two highest-paid quarters of your base period plus one-half of your wages in the third-highest quarter. If the result is not a whole dollar, it is rounded down.

JSND puts it more simply: "The approximate weekly benefit amount will be the total of your highest two and one-half quarters of base period earnings divided by 65." JSND publishes a benefit chart that converts your wage total into a weekly amount.

On the 2026 chart, a total of $51,935.00 to $51,999.99 in your two and one-half highest quarters produces the $800 maximum, and the chart has no higher amount.

Example. Say your base-period quarters paid $15,000, $13,000, $8,000 and $6,000. Your two highest quarters total $28,000, and half of the third-highest is $4,000. That makes $32,000, and $32,000 divided by 65 is about $492.31, so your weekly benefit would be $492. To estimate your own amount, use our North Dakota unemployment calculator.

By statute, the maximum is 62% of the state average weekly wage, rounded down, or 65% when North Dakota's average employer contribution rate on October 1 is below the national average for the preceding year. JSND resets the chart each July.

How long unemployment lasts in North Dakota

North Dakota pays 12 to 26 weeks. JSND says the duration "is calculated by dividing the total number of wages in your base period by your highest quarter." Section 52-06-05 sets the steps:

In the example above, total wages of $42,000 divided by the $15,000 high quarter gives a ratio of 2.8, which means 20 weeks. At $492 a week, the most that claimant could receive is $9,840.

The more evenly your wages are spread across all four quarters, the more weeks you get. Duration does not depend on the state unemployment rate.

Is there a waiting week in North Dakota?

Yes. Section 52-06-01 requires that you have "been unemployed for a waiting period of one week." JSND's claimant guide says: "You will serve only one waiting week in your benefit year and you will never receive benefits for your waiting week."

The waiting week is the first week you certify and are eligible, which may not be the week you filed. You still have to certify for it. The statute lets the executive director suspend the waiting week when federal reimbursement is available, but we found no suspension in effect.

Quitting a job and getting unemployment

If you leave your most recent job "voluntarily without good cause attributable to the employer," you are disqualified under § 52-06-02 for that week and until you earn at least 8 times your weekly benefit amount in new employment after you file, and have not left that job under disqualifying circumstances. Leaving because you expect to be fired or laid off counts as a quit without good cause.

The statute protects several situations, including:

• Illness or injury. Leaving on a physician's written notice or order, with notice to the employer and an offer to return within 60 days of your last day of work. A separate rule covers an illness or injury caused or aggravated by the job, when you left on a physician's written notice and had no reasonable alternative.
• A closer job. Leaving work 200 or more road miles from home to accept a bona fide job less than 200 miles from home.
• Recall to a laid-off job. Leaving to accept a bona fide offer from a base-period employer that laid you off, if you meet the statute's job-attachment test.
• Domestic violence, stalking or sexual assault. Leaving for a reason directly attributable to it, verified by documentation JSND receives within 14 calendar days of filing. The employer is told the reason.
• Military spouses. Leaving to relocate under your military-connected spouse's permanent change of station orders, after disclosing the situation and a reasonable attempt at accommodation.
• Work you could have refused. Quitting, within the first 10 weeks, work you could have turned down with good cause, for that same good cause.

If you are weighing whether to leave, our page on North Dakota at-will employment laws covers the rules on ending a job.

Being fired: misconduct and gross misconduct

Being fired does not by itself disqualify you. You are disqualified if you were "discharged for misconduct in connection with the individual's most recent employment." That disqualification lasts for the week of the discharge and until you earn at least 10 times your weekly benefit amount in employment.

The statute does not define ordinary misconduct. JSND's glossary describes it as "conduct evincing a willful or wanton disregard of employer's interests as is found in deliberate violations or disregards of behavior that the employer has the right to expect of an employee." JSND's examples include violating a posted or known company rule, insubordination, theft, destroying company property and unexcused absences.

Gross misconduct carries a heavier penalty. Under § 52-01-01, "gross misconduct" means "misconduct involving assault and battery, or the malicious destruction of property, or the theft of money or property." A separation for gross misconduct disqualifies you for one year. A disciplinary suspension of up to 30 days for misconduct disqualifies you for the weeks of the suspension.

Work search requirements

JSND does not publish one fixed number of weekly job contacts. Its claimant guide tells you to "Complete the assigned number of job contacts each week," and JSND assigns that number to you. A contact is an application or resume for a specific position, for at least as many hours as you worked in your base period.

Job contacts are required every week you claim, including the waiting week, starting with the week you file. Keep a Job Contacts Record (form SFN 58789); JSND verifies contacts.

You must also create or update an online resume at North Dakota Workforce Connection within 10 days of filing (or register with your local workforce agency). The resume expires after 90 days and must be kept active, or your claim stops. If you are selected for reemployment services, you must take part.

You do not have to make job contacts if you are returning to your previous employer or are a paid-up union member on the out-of-work list. Approved training can also satisfy the requirement.

Working part-time while on unemployment

You can work part-time and still collect a reduced benefit. Under § 52-06-06, your benefit for the week is your weekly benefit amount minus the part of your wages that is more than 60% of your weekly benefit amount. If the result is not a whole dollar, it is rounded up.

For example, with a weekly benefit amount of $500, the first $300 you earn (60%) does not reduce your check. If you earn $400, the extra $100 is subtracted, and you receive $400. Once your earnings reach 160% of your weekly benefit amount, no benefit is paid for that week. Pension payments can also reduce benefits.

How to file for unemployment in North Dakota

File with Job Service North Dakota in the week you become unemployed. Your claim is effective the Sunday of the week you file, and it cannot be backdated. You can file two ways:

• Online through UI ICE, JSND's claims system. You must verify your identity with ID.me before you can use it.
• By phone through JSND's automated system at (701) 328-4995. Claims Center staff are available Monday through Friday, 8:00 a.m. to 5:00 p.m. Central.

UI ICE and the phone system are down from 10 p.m. to midnight Central every day. JSND's file a claim page has the current instructions.

Have this ready:

• Your Social Security number.
• The name, address and phone number of every employer you worked for in the last 18 months.
• The wage you are willing to accept.
• Your union local name and number, if you are in a union.
• Your DD214 member copy 4 if you were in the military, or SF8/SF50 if you were a federal civilian employee.
• Your alien registration number, if you have one.

Certify every week. JSND says: "You will need to certify each week of unemployment that you wish to receive benefit payments." Certify online in UI ICE under "My To Do List" or by phone with your PIN, any time after Saturday midnight. If you do not certify within 13 days of the Saturday of the week your claim started or the last week you certified, your claim goes inactive and you must reopen it.

Denied? How to appeal in North Dakota

You have 12 days to appeal. Under § 52-06-13, you may appeal "within twelve days after the date of mailing of the notice to the person's last-known address or, if such notice is not mailed, within twelve days after the service of such notice." Under North Dakota's general rule for computing time (NDCC § 1-02-15), every day counts, starting the day after mailing, and a deadline that lands on a holiday moves to the next day. Your determination lists the deadline date, and JSND says your appeal must be postmarked or received on or before it.

The appeal steps are:

1. Appeal tribunal. File with JSND's Appeals Section. A referee hears the case, mostly by telephone. The referee's decision is final unless you request review within 12 days of its mailing.
2. Bureau review. JSND's Executive Director reviews the record. In benefit cases, "the review must be filed within 12 days of the date of mailing of the referee's decision."
3. District court. You can petition the district court in the county where you live within 30 days after the bureau's decision is mailed, under § 52-06-27. A further appeal goes to the North Dakota Supreme Court.

Keep certifying. JSND's guide says "you must continue to certify your weekly eligibility and meet all other eligibility requirements while your appeal is pending." If you win, benefits are paid for the weeks you certified on time.

Overpayments and fraud

If you were paid benefits you were not entitled to, you must repay them, or JSND can deduct them from future benefits, under § 52-06-33. JSND can also sue to collect. JSND's guide says "Interest of 1.5 percent per month may be applied to overpayment balances." Under the statute, no interest is charged for the first 180 days on an overpayment where the bureau found no false statement.

You can ask to be released from repayment. The statute says "The bureau, in its discretion, may release such person from liability to refund when it finds that recovery would be contrary to equity and good conscience." JSND says to call 701-328-2818 to start the overpayment waiver process.

Making a false statement to get benefits carries a monetary penalty of 15% of the amount overpaid under § 52-06-33, and a disqualification for one year from the date of the determination under § 52-06-02. The disqualification does not apply when JSND is satisfied the false statement came from a mistake or misunderstanding without fraudulent intent.

Does North Dakota tax unemployment benefits?

Yes. North Dakota law requires JSND to tell claimants that "Unemployment compensation is subject to federal income tax and state income tax." At your request, JSND withholds 10% for federal tax and 2% for North Dakota state tax. For federal tax rules, see our unemployment benefits by state guide.

Common myths

• "North Dakota's maximum is $815." That is the figure on the US Department of Labor's July 2026 table. JSND's own chart for July 5, 2026 through July 3, 2027 tops out at $800.
• "Everyone gets 26 weeks." You get 12 to 26 weeks depending on the ratio of your total base-period wages to your highest quarter.
• "North Dakota pays extra for dependents." The formula has no dependents' allowance.
• "The law sets a fixed number of job contacts." JSND assigns your number of weekly contacts; the statute and claimant guide do not fix one.
• "There is no waiting week." There is one unpaid waiting week per benefit year, and you must certify for it.

Disclaimer: This article provides general legal information about North Dakota unemployment insurance, not legal advice or a benefit determination. Only Job Service North Dakota decides whether you are eligible and how much you receive. Information verified on October 7, 2026. If your claim has been denied, consider consulting a lawyer licensed in North Dakota or a legal aid office.

Related

• Unemployment benefits by state
• North Dakota unemployment calculator
• North Dakota at-will employment laws
• North Dakota final paycheck laws

Last updated: October 7, 2026.

Frequently Asked Questions

What is the maximum unemployment benefit in North Dakota?

$800 a week under Job Service North Dakota's benefit chart for July 5, 2026 through July 3, 2027. The US DOL July 2026 table shows $815, but the state's chart controls.

What is the minimum unemployment benefit in North Dakota?

$43 a week, a figure fixed in NDCC § 52-06-04. If your wages produce a lower amount, you are not monetarily eligible.

How is North Dakota unemployment calculated?

Add your two highest base-period quarters and half of your third-highest quarter, then divide by 65 and round down. JSND's benefit chart converts that total into your weekly amount.

How many weeks of unemployment can you get in North Dakota?

12 to 26 weeks. Under NDCC § 52-06-05, the number depends on your total base-period wages divided by your highest-quarter wages; a ratio of 3.20 or more gives 26 weeks.

Does North Dakota have a waiting week?

Yes. You serve one unpaid waiting week per benefit year, and you must still certify for it to get credit.

Can I get unemployment in North Dakota if I quit?

Only with good cause attributable to the employer or a statutory exception, such as a physician's order, domestic violence, or a military spouse's relocation orders. Otherwise you are disqualified until you earn 8 times your weekly benefit amount.

How much can I earn while on unemployment in North Dakota?

Earnings up to 60% of your weekly benefit amount do not reduce your check. Earnings above that are subtracted, and no benefit is paid once you earn 160% of your weekly amount.

How long do I have to appeal a North Dakota unemployment denial?

12 days after the determination notice is mailed, under NDCC § 52-06-13. Keep certifying every week while the appeal is pending.

How do I file for unemployment in North Dakota?

File online through JSND's UI ICE system after verifying your identity with ID.me, or by phone at (701) 328-4995. File in the week you become unemployed, because claims cannot be backdated.

Is unemployment taxable in North Dakota?

Yes. Benefits are subject to federal and North Dakota income tax, and JSND will withhold 10% federal and 2% state tax if you ask.