Can I collect unemployment while on unpaid FMLA leave in New York?
I started unpaid FMLA leave three weeks ago to care for my sick father and just realized my savings are running out faster than expected. My employer approved 12 weeks of unpaid leave but I'm wondering if I can file for unemployment benefits during this time? I'm technically still employed but not getting paid. Has anyone been in this situation with NYS Department of Labor? I don't want to mess up my job or get in trouble for filing incorrectly.
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Kingston Bellamy
Unfortunately, you generally cannot collect unemployment while on approved FMLA leave because you're still technically employed and your job is protected. NYS Department of Labor requires you to be available for work and actively seeking employment to qualify for benefits. Since you're on medical leave caring for family, you wouldn't meet the 'able and available' requirement.
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Morita Montoya
•That's what I was afraid of. So even though I'm not getting paid, the fact that I have a job to return to disqualifies me?
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Joy Olmedo
yeah i tried this last year when my wife had surgery and i needed unpaid leave... nysdol denied my claim pretty quick
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Isaiah Cross
You might want to look into New York's Paid Family Leave program instead. It's different from unemployment and specifically designed for situations like yours. You can apply through your employer's insurance carrier. The benefit amount is less than unemployment but it's meant for exactly this type of family care situation.
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Morita Montoya
•I already checked and my employer said I don't qualify for PFL because I haven't worked there long enough. That's why I was hoping unemployment might be an option.
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Kiara Greene
Wait, I'm confused about this whole thing. If someone's not getting paid, how is that different from being unemployed? The system seems backwards to me.
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Kingston Bellamy
•The key difference is job protection. With FMLA, your employer has to hold your position. With unemployment, you're supposed to be actively looking for new work. You can't do both at the same time.
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Evelyn Kelly
I had trouble reaching NYS Department of Labor when I had questions about a similar situation. If you need to speak with someone directly about your specific circumstances, I found claimyr.com really helpful. They have a service that connects you with actual agents and there's a video demo at https://youtu.be/qyftW-mnTNI that explains how it works. Sometimes these situations have nuances that only an agent can clarify.
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Morita Montoya
•Thanks, I might try that. I've been calling the regular number but keep getting busy signals.
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Paloma Clark
The whole system is frustrating when you're in a bind like this. Have you considered talking to your employer about whether they could treat this as a temporary layoff instead of FMLA? Some companies are flexible if they understand your financial situation.
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Alice Pierce
•That's actually a really smart suggestion @Paloma Clark. I hadn't thought about asking to convert FMLA to a temporary layoff. Would that even be legal though? I'm worried about losing my job protection if I give up the FMLA status. But you're right that I'm in a real financial bind here.
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