Can I collect unemployment after paid family leave - NYS Department of Labor eligibility question
I just finished my 12-week paid family leave to care for my newborn and my employer told me my position was eliminated due to restructuring. I'm wondering if I can file for unemployment benefits now? I was getting PFL payments until last week and I'm not sure if there's a waiting period or if the NYS Department of Labor considers this a gap in employment. Has anyone been in this situation before? I worked for the same company for 3 years before taking leave so I should have enough work history, but I'm confused about how the transition from PFL to UI works.
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Isabella Ferreira
You can absolutely file for unemployment after your paid family leave ends. The NYS Department of Labor doesn't consider PFL as a break in your employment history for UI eligibility purposes. Since your employer eliminated your position, you should qualify for benefits. File your claim as soon as possible since benefits don't backdate to when you first became unemployed.
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Malik Thompson
•Thank you! That's such a relief. Do I need to mention the paid family leave on my application or just focus on when my employment ended?
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Isabella Ferreira
•Be honest about the PFL on your application. The NYS Department of Labor has access to those records anyway, and transparency helps avoid any adjudication delays later.
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CosmicVoyager
same thing happened to my sister last year, she filed right after her maternity leave ended and got approved within 2 weeks
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Ravi Kapoor
I've been trying to reach someone at the NYS Department of Labor for weeks about a similar situation but their phone lines are always busy. It's incredibly frustrating when you need answers about your benefits and can't get through to anyone who can actually help.
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Freya Nielsen
•I had the same problem until I found Claimyr. It's a service that calls the NYS Department of Labor for you and connects you to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows exactly how it works. I used it last month and finally got through to resolve my claim issue.
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Omar Mahmoud
Wait I'm confused - don't you have to be actively looking for work to get unemployment? How does that work if you just had a baby?
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Isabella Ferreira
•You do need to be able and available for work to collect UI benefits. If you're ready to return to work after your leave ended, then you meet this requirement. The key is that you're available and actively seeking employment when you file your claim.
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Malik Thompson
•Yes, I'm ready to go back to work. That's why I'm in this situation - my leave ended but there's no job to return to.
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Chloe Harris
this whole system is so confusing why cant they just make it simple when people lose their jobs they need money its not that complicated
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Paolo Ricci
•I totally agree! The bureaucracy around these programs is needlessly complex. When someone loses their job, especially right after having a baby, the last thing they should have to deal is navigating confusing eligibility rules and long phone wait times. There should be clearer guidance and better customer service for people going through major life transitions like this.
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Isaiah Sanders
I went through this exact situation about 8 months ago. Filed for UI right after my PFL ended when my company did layoffs, and it was approved without any issues. The NYS DOL treats the end of your leave as your last day of work, so there's no gap in coverage. Just make sure you have all your paperwork from HR about the position elimination - that helps show it wasn't voluntary separation. Good luck with everything!
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Dmitry Petrov
•That's really helpful to hear from someone who actually went through it! Did you have any trouble with the work search requirements right away, or did they give you some time to get situated after just having a baby? I'm also wondering if you had to do anything special to document that your position was eliminated versus just taking a regular layoff.
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Evelyn Kelly
I'm in a similar boat - just finished my PFL last month and my company announced "restructuring" that eliminated several positions including mine. From what I've learned, you should definitely file immediately since there's no waiting period between PFL and UI. Make sure to get everything in writing from your employer about the position elimination - I had to request a formal letter stating my job was eliminated due to business reasons, not performance. Also, when you file online, there's a specific section where you can indicate you were on family leave, so be upfront about it. The process was actually smoother than I expected once I got all the documentation together. Hang in there!
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Natasha Petrov
•This is really valuable advice, especially about getting the formal letter from your employer! I'm curious - did you face any challenges with the work search requirements immediately after filing, or were you able to start looking for jobs right away? Also, how long did it take from filing to receiving your first payment? I'm trying to plan my finances during this transition period.
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