


Ask the community...
Just apply and see what happens. Worst case they deny you but at least you'll know for sure. Make sure you mention the light duty restrictions and that your employer has no suitable work available when you file.
I went through something similar about two years ago when I was on light duty after a shoulder injury. The NYS Department of Labor told me that you can potentially qualify for partial unemployment benefits if your employer can't accommodate your work restrictions, even if you're still technically employed. The key factors they look at are: 1) whether you're able to work within your medical restrictions, 2) whether your employer has suitable light duty work available, and 3) your reduction in hours/wages. Since you're only getting 60% from workers comp and no wages, you should definitely apply. Just be upfront about everything - your restrictions, the workers comp payments, and that your employer said no light duty positions are available. They'll make the determination based on your specific situation.
Wait are credit weeks the same thing as the job search requirement? I thought credit weeks were something you had to do while collecting benefits...
@Mia Rodriguez - Based on what you've described with working 25-30 hours at $15/hour, you should definitely have enough credit weeks! Those earnings would put you well over the $143 minimum threshold. The key thing is making sure those wages were reported correctly by your employers to NYS. If you're still unsure about your exact count, you might also try visiting a local Department of Labor career center - sometimes the in-person staff can pull up more detailed information than what's available online. They're usually less busy than the phone lines too.
That's really helpful advice about the career centers! I didn't know they could access more detailed info than the online portal. I'll definitely try visiting one in person since calling seems impossible. Thanks for the tip about the in-person staff being less busy too - that gives me hope I can actually get some answers.
There are some exceptions though. If you work for the school in a non-instructional capacity (like maintenance or administration) and you're truly laid off for the summer with no guarantee of work, you might qualify. Also, if you work multiple jobs and lose your non-school job, you could potentially get partial benefits. The key is whether you have that 'reasonable assurance' of returning.
As someone who's dealt with this exact situation, I can tell you it's really frustrating! I worked as a substitute teacher for 2 years and was always told I couldn't get benefits during summer because of the "reasonable assurance" rule. Even though substitute work isn't guaranteed, most districts consider you to have reasonable assurance if you've been on their sub list and they expect to call you back. The tricky part is that every district handles this differently - some give more definitive answers about summer employment than others. I'd suggest checking with your district's HR department first to see what they consider your status to be, then apply if you think you might qualify. Worst case, NYS Department of Labor will make the determination and you'll know for sure.
Thanks for sharing your experience Emma! That's really helpful to know that different districts handle this differently. I'm new to substitute teaching and wasn't sure how strict they are about the "reasonable assurance" thing. Did you ever try applying anyway just to see what would happen, or were you too worried about having to pay it back like Lauren's sister? I'm trying to decide if it's worth the risk since I really need the income over the summer.
You should still file the claim anyway! Sometimes the reasonable assurance determination isn't clear-cut, especially for subs. Let NYS Department of Labor make the official decision rather than assuming you're disqualified.
I'm a substitute teacher too and went through this exact situation last summer. The reasonable assurance rule is confusing, but here's what I learned: even if you worked regularly at the same schools, as a substitute you're not technically guaranteed work in the fall the same way regular teachers are. The district has to provide you with a written reasonable assurance letter that specifically states you'll have work available. Without that letter, you might still be eligible for benefits. I'd recommend filing anyway and letting them make the determination - worst case they deny it, but you might be surprised. Also document everything about your work patterns and save any communication from the district about future availability.
This is really helpful! I never thought about the written letter requirement. I haven't received anything official from the district about next year's work, just verbal mentions that they'll probably need subs again. Should I reach out to HR and ask them directly if they plan to provide reasonable assurance documentation? I want to make sure I have all the facts before I file my claim.
Chloe Davis
File ASAP! Don't wait around thinking about it. The longer you wait the longer it takes to get your first payment. And yeah like everyone said, medical absences with documentation are not misconduct under unemployment law.
0 coins
Maxwell St. Laurent
I went through almost the exact same situation about a year ago - fired from a restaurant job for "excessive absences" due to chronic migraines, even with doctor's notes. I was terrified they'd deny my claim, but NYS Department of Labor approved it without any issues. The key things that helped me: 1) I was completely honest on my application about being terminated for medical absences, 2) I uploaded copies of all my medical documentation when I filed, and 3) I kept detailed records of every doctor visit and note I had provided to my employer. Your situation sounds even stronger than mine was since you have 6 months of documentation. Don't let your employer's "misconduct" label scare you - the Department of Labor makes their own determination based on the facts and the law.
0 coins
Ravi Choudhury
•This is really reassuring to hear from someone who went through the exact same thing! I'm feeling much more confident about filing now. Quick question - when you say you uploaded the medical documentation when you filed, was that during the initial online application or did you have to wait for them to request it? I want to make sure I do everything right from the start.
0 coins