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KylieRose

Can I get unemployment if I quit due to pregnancy - NYS Department of Labor eligibility?

I'm 7 months pregnant and having complications that make it impossible to continue working at my retail job. The standing for 8+ hours is causing severe back pain and my doctor said I need to reduce physical activity. My manager won't accommodate lighter duties and I'm thinking about quitting. Would I be eligible for unemployment benefits from NYS Department of Labor if I quit due to pregnancy complications? I've been working there for 2 years and really don't want to lose income before the baby comes.

Generally quitting disqualifies you from UI benefits, but there are exceptions for 'good cause.' Pregnancy complications that make work impossible could qualify as good cause if you have medical documentation. You'll need your doctor to provide specific details about why you can't perform your job duties. Make sure to request reasonable accommodations in writing first - if your employer refuses, that strengthens your case for good cause.

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Thank you! Should I file the claim right after I quit or wait? And what kind of medical documentation do I need exactly?

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i quit when i was pregnant last year and got denied initially but won on appeal. the key is proving you HAD to quit not just wanted to. get everything documented from your doctor about the complications and how they prevent you from working.

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How long did the appeal process take? I'm worried about going weeks without income.

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took about 6 weeks total but i got back pay for the whole period once approved

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Wait, I thought pregnant women automatically qualify for disability benefits? Why would you need regular unemployment? I'm so confused about all these different programs...

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Pregnancy itself isn't considered a disability under NY law unless there are complications. Disability benefits are separate from unemployment and have different requirements. If you can't work due to pregnancy complications, you might qualify for both depending on your situation.

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I had a nightmare trying to reach someone at NYS Department of Labor about a similar situation. Spent hours on hold just to get disconnected. Finally used a service called Claimyr (claimyr.com) that got me through to an actual agent in minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Definitely worth checking out if you need to speak with someone quickly about your specific pregnancy situation.

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That sounds helpful! Did they charge you anything for getting you through to an agent?

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Yes there's a fee but it was worth it to actually talk to someone who could review my case properly instead of guessing from website info

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The whole system is ridiculous. You work for years paying into unemployment insurance and then they make you jump through hoops when you actually need it. Pregnancy discrimination is real and they should automatically approve these cases.

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I feel you but there are rules for a reason. People would abuse the system otherwise.

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@CaptainAwesome you don't pay into UI...Thats an employer paid tax.

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File your claim immediately after your last day of work and clearly explain the medical necessity. Include your doctor's statement with your initial application if possible. During adjudication, they'll review whether your reason meets the 'compelling personal reason' standard. Don't wait to file - you can't get benefits for weeks you don't claim even if approved later.

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Have you looked into New York's Paid Family Leave (PFL) program? Since you're dealing with pregnancy complications, you might be eligible for both disability benefits during your recovery period AND paid family leave after the baby is born. PFL provides partial wage replacement for up to 12 weeks. You should definitely explore all your options - unemployment, temporary disability, and PFL - since they each cover different situations and time periods. The NY Department of Labor website has a benefits advisor tool that can help you figure out which programs you qualify for based on your specific circumstances.

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@Mia Alvarez This is really helpful information! I hadn t'heard of the Paid Family Leave program before. Do you know if I can apply for PFL even if I quit my job due to pregnancy complications, or do I need to still be employed? Also, can these benefits run concurrently or do they have to be used separately? I want to make sure I m'maximizing whatever support is available during this difficult time.

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