Can I file for unemployment on maternity leave - NYS Department of Labor eligibility?
I'm currently on unpaid maternity leave and my job doesn't offer paid family leave benefits. My employer says I can return whenever I'm ready but there's no guarantee my exact position will still be available. Can I file for unemployment benefits with NYS Department of Labor while on maternity leave? I'm able and available to work but obviously need to arrange childcare first. Has anyone been in this situation before?
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Mateo Rodriguez
The key issue with maternity leave and UI benefits is proving you're "able and available" for work. NYS Department of Labor requires you to be physically capable of working and actively seeking employment. If you're on medical leave due to childbirth, you typically wouldn't qualify during the recovery period. However, once you're medically cleared and can demonstrate availability (with childcare arrangements), you might be eligible if your employer can't guarantee your job back.
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Nia Thompson
•I'm already cleared by my doctor and have childcare lined up. My concern is that my employer says they'll 'try' to find me a similar position but can't promise my exact job back.
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GalaxyGuardian
i think you can get family leave benefits instead of unemployment? my sister got like 12 weeks paid when she had her baby last year
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Mateo Rodriguez
•That's NYS Paid Family Leave, which is different from unemployment. PFL requires you to have been paying into the system and provides partial wage replacement while you're bonding with a new child. UI is for people who are unemployed through no fault of their own.
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Aisha Abdullah
I was in a similar situation two years ago. NYS Department of Labor will want documentation showing you're ready to return to work immediately if offered suitable employment. The tricky part is if you're technically still employed but on unpaid leave - you might not qualify for UI until your employer officially can't accommodate your return. I had to get a letter from my employer stating my position was eliminated before I could file.
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Nia Thompson
•Did you have to wait until they officially terminated you or were you able to file while still technically employed?
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Aisha Abdullah
•I had to wait for the official termination letter. Being on unpaid leave isn't the same as being unemployed in NYS Department of Labor's eyes. But definitely document everything your employer is telling you about your job status.
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Ethan Wilson
You might want to try reaching out to NYS Department of Labor directly since these situations can be complex. I know calling them is usually a nightmare with busy signals and long waits, but I recently discovered this service called Claimyr that helps you get through to actual agents. Check out claimyr.com - they have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. It was really helpful when I needed clarification on my own claim status.
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Yuki Tanaka
•How much does something like that cost? I'm already stressed about money with the unpaid leave.
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Ethan Wilson
•It's worth checking out their site for details. For me it was worth it just to avoid the endless busy signals and get actual answers about my specific situation.
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Carmen Diaz
The whole system is ridiculous honestly. You pay into unemployment insurance your whole working life and then when you actually need it during a major life event they make you jump through hoops to prove you're 'worthy' of benefits. I hope you figure it out but prepare for a lot of bureaucratic runaround.
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Andre Laurent
•totally agree, the NYS Department of Labor makes everything so complicated when you're already dealing with enough stress
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