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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PixelPrincess
I went through something similar last year. The key distinction is whether you can return to work immediately if called back or if you find other employment. Even on medical leave, if your condition prevents you from accepting other work or returning to your current job on short notice, you won't qualify for UI benefits. The "able and available" requirement is pretty strict - you need to be physically and mentally capable of working and genuinely available to start a job. Since you're on medical leave, this suggests you might not meet that criteria. Definitely explore the disability benefits route that Chloe mentioned - that's likely your better option here.
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Anastasia Fedorov
•This is really helpful context! The "able and available" requirement makes so much sense when you explain it that way. I think I was getting confused because technically I'm not working, but you're right that being on medical leave probably means I can't meet the availability requirement. It sounds like disability benefits are definitely the route I should be exploring instead. Thanks for breaking down the distinction so clearly - it's way more helpful than the vague language on the DOL website.
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Sophia Bennett
Just wanted to add another perspective here - if your medical condition improves during your leave and you become able to work before your approved return date, you might have options. I had a friend who was on medical leave but got medical clearance to return to work early. Her employer couldn't accommodate an early return, so she was able to file for UI benefits at that point since she was now able and available for work but effectively prevented from returning to her job through no fault of her own. It's a very specific situation, but worth knowing that circumstances can change during a leave period. But definitely start with exploring disability benefits first since that's designed for exactly your current situation.
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Oliver Becker
•That's a really interesting scenario I hadn't considered! It makes sense that if you become medically cleared to work before your scheduled return date but your employer can't bring you back early, that could change your eligibility status. It's like you'd transition from being unavailable due to medical reasons to being available but prevented from working by circumstances beyond your control. Thanks for sharing that example - it shows how these situations can be more nuanced than they initially appear. Definitely something to keep in mind if my recovery goes better than expected.
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