Can I collect unemployment while on leave of absence from my job in NY?
I'm currently on an unpaid leave of absence from my job (medical reasons) and wondering if I can file for unemployment benefits through NYS Department of Labor while I'm on this leave. My employer approved a 6-month unpaid medical leave but I still technically have my job to return to. I'm not sure if this disqualifies me from UI benefits since I'm not actively searching for work and have a job waiting for me. Has anyone been in this situation? Do I need to be available for work to collect benefits?
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Omar Fawaz
Unfortunately, being on an approved leave of absence typically disqualifies you from unemployment benefits. NYS Department of Labor requires that you be able and available for work, actively seeking employment, and not have a job to return to. Since you have an approved leave with a guaranteed return, you don't meet the basic eligibility requirements for UI.
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Freya Pedersen
•That's what I was afraid of. So even though it's unpaid leave, having that guaranteed job return disqualifies me completely?
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Chloe Anderson
You might want to look into temporary disability benefits instead of unemployment. If your leave is for medical reasons, you could be eligible for disability benefits through the state, which is different from UI. The NYS Department of Labor website has information about this, or you can call them directly to ask about your specific situation.
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Freya Pedersen
•Good point about disability benefits. I'll check into that option since this is medical-related.
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Diego Vargas
wait i thought you could get unemployment if you're on unpaid leave? my friend collected benefits last year when her company put her on unpaid leave
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Omar Fawaz
•There's a big difference between being placed on unpaid leave by your employer (which could qualify you for UI) versus requesting and being approved for personal leave of absence. If the employer initiates the unpaid leave, that's more like a temporary layoff situation.
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Anastasia Fedorov
I've been trying to get through to NYS Department of Labor for weeks about a similar question and their phone lines are always busy or I get disconnected. It's so frustrating when you need answers about your specific situation. Has anyone found a way to actually talk to someone there?
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StarStrider
•I had the same problem until I found this service called Claimyr that helps you get through to NYS Department of Labor agents. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I finally got my claim status sorted out after using them.
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Anastasia Fedorov
•Thanks for the tip! I'll definitely check that out since I'm getting nowhere with the regular phone lines.
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Sean Doyle
The whole system is so confusing. I wish they would just have clear guidelines about leaves of absence on their website instead of making us guess.
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Amelia Cartwright
•I totally agree! The NYS DOL website is pretty vague about these edge cases. They really should have clearer examples of what qualifies as "available for work" when you're dealing with medical leaves, FMLA situations, etc. It shouldn't be a guessing game when people are already dealing with medical issues and financial stress.
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