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Can I get NY unemployment after C-section if I don't qualify for paid family leave?

I'm currently pregnant and scheduled for a C-section in about 3 weeks. I just found out I don't qualify for NY paid family leave at my current job because I haven't worked there long enough (started 4 months ago). I know I'll be out for at least a month, probably longer while recovering from surgery. Does anyone know if I can apply for NY unemployment benefits during my recovery period? My doctor will definitely put me on medical restrictions. I'm getting really worried about having no income after the baby comes. Are there any options for me or am I just out of luck?

Sasha Reese

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I was in almost the exact situation last year! NY unemployment doesn't typically cover voluntary leaves like pregnancy/childbirth because you have to be ready and able to work to qualify. HOWEVER, since you're having a C-section, you might qualify for NY state disability (NYS DB) which is different from paid family leave. It covers medical recovery from childbirth. The basic benefit is like half your average weekly wage up to some max amount for up to 26 weeks. Even if you don't qualify for PFL you might still qualify for disability. Ask your HR department about filing for short-term disability.

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Thank you so much! I hadn't even thought about disability. I'll definitely talk to HR tomorrow about filing for short-term disability. Do you know if there's a waiting period before benefits start? I'm worried about that gap between my last paycheck and when benefits might kick in.

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NYS unemployment won't work in your situation. You have to be ABLE to work, AVAILABLE to work, and ACTIVELY seeking work to qualify for unemployment. Since you'll be recovering from surgery with a newborn, you won't meet those requirements. BUT! You should definitely apply for NYS Disability Benefits (DB). The max benefit is $170/week for up to 26 weeks. Not great but better than nothing. There's usually a 7-day waiting period before benefits start.

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Wow, only $170/week maximum? That's WAY less than I was expecting. We can't survive on that. 😰 Are there any other programs I should look into? This is really scary.

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Noland Curtis

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my sister just had baby last month n she said u CANT get unemployment cuz u gotta be able to work to get it. but she got temp disability n WIC n some other stuff. u should apply for ALL the benefits!!!

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Thanks! What's WIC? I'll look into that too. At this point I need to explore every possible option.

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Diez Ellis

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Others are right that unemployment isn't an option here, but I wanted to add some important info about NYS Disability Benefits (DB): 1. You ARE eligible even as a new employee. NYS DB has no minimum employment period, unlike PFL. 2. The benefit is 50% of your average weekly wage up to $170/week max. 3. For C-section recovery, you typically qualify for 6-8 weeks of benefits. 4. There's a 7-day waiting period. 5. You need to file within 30 days of becoming disabled or you may lose benefits. Also look into WIC (nutrition program for women/infants/children) and possibly SNAP benefits depending on your household income. If your income is very limited, you might also qualify for Medicaid for yourself and your baby. Call your local DSS (Department of Social Services) office and explain your situation - they can help you navigate all available benefits.

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This is incredibly helpful information, thank you! I had no idea about the 30-day filing requirement. I'll get the disability paperwork started ASAP. The max benefit amount is really low, but at least it's something. I'll definitely look into WIC, SNAP, and contact DSS to see what else might be available.

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I've gone through this EXACT thing in 2023!!! The system is SO FRUSTRATING. I spent WEEKS trying to get anyone on the phone at disability services. Kept getting disconnected or waiting for hours. Finally I found a service called Claimyr that got me through to a rep in about 20 minutes! Saved my sanity. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE - their website is claimyr.com. Totally worth it because I was able to file my claim properly with all the right paperwork. Made a HUGE difference getting my benefits started on time.

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Thanks for the tip! I'm definitely going to check that out. I've already tried calling the disability office once and got disconnected after waiting 40 minutes. I don't have time for that runaround, especially with the baby coming so soon!

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Abby Marshall

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just wanted to say congratulations on your baby! i had a c section last year and recovery wasnt as bad as i expected. was up and moving pretty quick! hope everything goes smoothly for u!

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Thank you! That's reassuring to hear. I'm pretty nervous about the surgery and recovery with a newborn, especially now with all this financial stress. Glad to hear your recovery went well!

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Sadie Benitez

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THE WHOLE SYSTEM IS RIGGED AGAINST NEW MOTHERS!!! I went thru this in 2024 and it was a NIGHTMARE. $170/week is a JOKE - how is anyone supposed to live on that?? And you have to jump through a million hoops just to get approved. Make sure you get your doctor to fill out the DB-450 form COMPLETELY - if they miss even one tiny box they'll deny your claim and make you resubmit everything. The whole process took me almost 6 weeks to get my first payment. RIDICULOUS!!!

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Noland Curtis

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omg yes!!! my sis had same problem! they kept rejecting her paperwork for stupid reasons. so stressful with a new baby!!

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One more thing - make sure you apply for the DB benefits BEFORE you have the baby. You need to have your doctor complete form DB-450 certifying your disability begins with the birth/C-section. If you wait until after, it can delay your benefits. Also, your employer needs to complete part of the form too, so start this process now.

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Oh that's really good to know - I would have probably waited until after delivery to start the process. I'll get the form from HR tomorrow and take it to my next OB appointment. Thank you!

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Noland Curtis

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WIC is for food n stuff for moms and babies!! they give u free formula if u need it!! u just go to the wic office and sign up its pretty easy i think

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Thanks for explaining. I'll definitely look into WIC too. Every little bit helps at this point!

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Abby Marshall

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when i had my c section i applied for everything at once - disability, wic, medicaid for the baby, and snap. ended up qualifying for all except snap because my husband made just over the limit. but definitely apply for everything! the hospital social worker helped me with a lot of the paperwork before i even left the hospital.

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Diez Ellis

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This is excellent advice. Many hospitals have social workers or patient advocates who can help with benefit applications. Make sure to tell your hospital when you pre-register for delivery that you'd like to speak with a social worker about assistance programs. They can often start the paperwork process while you're still in the hospital recovering.

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Sasha Reese

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One more tip about NYS Disability - if your employer doesn't offer additional short-term disability insurance (many do), that $170/week maximum benefit hasn't been increased since the 1980s! It's criminally low. Definitely apply for WIC and check with your local Department of Social Services about emergency assistance too. Some counties have special programs for new mothers with financial hardship.

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Sadie Benitez

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SERIOUSLY!!! $170/week since the 1980s?! What a joke! Meanwhile rent keeps going up, food keeps going up, but the benefit stays the same for FORTY YEARS. This state doesn't care about mothers or families AT ALL.

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Thank you everyone for all the helpful information! I've made a checklist of everything I need to do tomorrow: 1. Talk to HR about NYS Disability Benefits and get the DB-450 form 2. Make appointment with my OB to get their portion completed ASAP 3. Look up my local WIC office and application process 4. Contact DSS about any other assistance programs 5. Ask hospital about meeting with social worker during my stay I'm still shocked at how low the disability benefit is, but at least it's something. I'll update after I talk to HR tomorrow. Fingers crossed this all works out!

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Sasha Reese

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That's a great plan! One more thing - when you talk to HR, ask if your company offers any supplemental short-term disability insurance. Some employers provide this as a benefit, which would pay on top of the state minimum. Even if they don't, it's worth asking if they have any company-specific policies for maternity leave even for new employees. Some companies have more generous policies than the legal minimum.

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