Can I get NYS Department of Labor unemployment if my job doesn't offer maternity leave?
I'm 7 months pregnant and just found out my employer doesn't provide any paid maternity leave. I've been working there for 2 years but it's a small company with only 8 employees so they're not required to hold my job. I'm trying to figure out if I can apply for unemployment benefits through NYS Department of Labor when I have the baby. I know I'll need to take time off but I'm not sure if this counts as being 'able and available' for work. Has anyone been in this situation? I really need some income during this time.
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Aiden Chen
Unfortunately, you generally can't collect unemployment while on maternity leave because you have to be able and available for work. However, you might qualify for Disability Benefits through NY State if you have complications or need recovery time after delivery. Also look into Paid Family Leave if you've been paying into it through payroll deductions.
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Sophia Bennett
•I don't think I've been paying into Paid Family Leave but I'll check my pay stubs. What if I quit right before my due date - would that make me eligible for unemployment?
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Zoey Bianchi
You can't quit and get unemployment benefits - that would be voluntary separation. But if your employer lets you go because they can't accommodate your maternity leave, that might be different. You'd need to file a claim and see what NYS Department of Labor says during adjudication. The key is whether you're considered able and available for work.
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Christopher Morgan
•This is so confusing! I thought pregnancy was considered a disability for unemployment purposes?
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Aiden Chen
•Not exactly - pregnancy itself isn't a disability but recovery from childbirth can qualify you for disability benefits, which is different from unemployment.
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Aurora St.Pierre
I had this same problem 2 years ago. Small companies are the WORST for this stuff. I ended up having to go back to work after 3 weeks because we couldn't afford for me to be off any longer. The whole system is broken if you ask me.
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Sophia Bennett
•That's awful! I'm really worried about the financial impact. Did you try applying for any benefits at all?
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Grace Johnson
If you're having trouble getting through to NYS Department of Labor to ask about your specific situation, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out since this is such a specific situation that really needs expert clarification.
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Sophia Bennett
•Thanks, I'll look into that. I've tried calling NYS Department of Labor multiple times but can never get through to a real person.
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Jayden Reed
just had a baby last year and yeah you cant get unemployment while on maternity leave but definitely look into the disability thing someone mentioned above
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Hannah Flores
I went through something similar when I had my second child. The key thing to understand is that unemployment requires you to be actively seeking work and available to start immediately, which you obviously can't do while recovering from childbirth. However, you might want to look into New York State Disability Insurance (DBL) - this covers short-term disability for pregnancy-related conditions including recovery time after delivery (usually 6-8 weeks for vaginal delivery, longer for C-section). You should also check if your employer has been deducting for Paid Family Leave from your paychecks - even small companies participate in this program. If they have, you could potentially get partial wage replacement. I'd recommend calling the NY State Department of Labor's disability line directly rather than the unemployment line to get accurate information about your specific situation.
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Dallas Villalobos
•This is really helpful information! I had no idea about NY State Disability Insurance for pregnancy recovery. Do you know how much DBL typically pays compared to regular wages? And how do I find out if my employer has been deducting for Paid Family Leave - would that show up on my pay stub as a specific line item?
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