Can I take a leave of absence and still get NY unemployment benefits?
So I've been dealing with some serious health issues that are making it impossible for me to work my regular schedule. My doctor recommended I take a medical leave of absence for about 3 months while I recover. My employer is willing to approve the leave, but I'm worried about income during this time. Can I apply for unemployment benefits in New York while on a medical leave? I've looked everywhere on the ny unemployment website but can't find a clear answer. I've worked at my company for over 4 years, full-time the whole time. Has anyone successfully received benefits during a temporary leave? Or am I just out of luck financially during my recovery?
29 comments
Danielle Campbell
No, you cannot get unemployment while on medical leave. Unemployment is for people who are ABLE to work but lost their job through no fault of their own. For medical issues, you need to look into NYS disability, FMLA, or possibly short term disability through your employer if they offer it.
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Caleb Bell
Thanks for the info. Do you know how much the state disability pays? Is it anywhere close to unemployment?
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Danielle Campbell
NYS disability is WAY less than unemployment. Max is like $170/week. It's barely anything. Check if your employer has short term disability insurance - that usually pays better (like 60% of salary).
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Rhett Bowman
Yeah the NY state disability benefit is a joke. It hasn't been updated since like the 1980s or something ridiculous. $170/week doesn't even cover my groceries 🤦♀️
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Abigail Patel
I was in a similar situation last year. I wound up using claimyr.com to get through to someone at NY unemployment because I couldn't get a clear answer anywhere else. The agent explained that unemployment specifically requires you to be "ready, willing and able to work" - which doesn't apply for medical leave. Talking to an agent got me pointed in the right direction though! They told me exactly what forms I needed for disability instead. Worth checking them out: https://youtu.be/Rdqa1gKtxuE
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Daniel White
Does this claimyr thing actually work? How did you get through to a real person? I've been trying for weeks!
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Abigail Patel
Yeah it worked for me! They basically call repeatedly and wait on hold for you, then connect you when a real person answers. Was the only way I could get someone after trying for daaaays on my own. Talking to the agent saved me weeks of confusion.
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Nolan Carter
hold up, is this some kind of scam? they don't ask for your personal info or anything right? 👀
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Abigail Patel
Nah, they just make the call for you. They don't need any of your unemployment info at all. They just connect you to the agent and then you talk directly with unemployment yourself. It was the best thing I did to finally get my situation sorted.
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Natalia Stone
another company promising to solve our problems with the unemployment system... are we that desperate? apparently yes 😭
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Tasia Synder
I used it too when I couldn't figure out why my claim was pending for 2 months. Got through in a day instead of spending hours redialing. Worth every penny considering what was at stake.
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Selena Bautista
Unemployment is actually VERY specific about eligibility. You have to certify each week that you are ABLE to work, AVAILABLE to work, and ACTIVELY seeking work. A medical leave means you're not able to work (by definition) so you definitely won't qualify for UI benefits. Look into disability instead.
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Mohamed Anderson
Have you talked to your HR department? They should be able to tell you about NY Paid Family Leave which might apply in your situation. It pays better than state disability. Also check if you have short term disability insurance through your job.
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Caleb Bell
I did talk to HR but they weren't super helpful. Just gave me a bunch of forms without explaining anything. I'll ask specifically about Paid Family Leave though, thanks!
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Mohamed Anderson
Yeah typical HR move lol. But definitely ask about PFL. New York has one of the better programs in the country. I think it pays like 67% of your salary for up to 12 weeks. Wayyy better than the pathetic state disability benefit.
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Ellie Perry
You might want to check out NY Paid Family Leave (PFL). Unlike disability which is for your own health issues, PFL can be used to care for family members. So technically if you have a family member who can say they're caring for you... you know what I'm saying 😉 The benefit is much higher than regular disability.
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Landon Morgan
Dude don't suggest committing fraud on a public forum. That's a fast track to getting denied and possibly facing penalties.
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Ellie Perry
I'm not suggesting fraud! I'm just letting OP know about options. Many people qualify for both programs but only know about one.
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Teresa Boyd
That winking emoji tells a different story lol
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Lourdes Fox
I'm gonna go against what everyone else is saying. YES you can technically get unemployment in very specific leave of absence situations - but NOT for medical reasons. The only time a LOA might qualify for UI is if your employer forced you to take an unpaid leave due to lack of work. But since yours is medical, that's a hard no.
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Bruno Simmons
I've been through the ny unemployment system more times than I'd like to admit, and I can tell you that you need to be very careful about how you answer the weekly certification questions. They specifically ask if you were unable to work due to illness or disability. If you say yes, you won't get paid for that week. In your case, since you have a documented medical condition and are officially on leave, applying for unemployment would likely be considered fraud. Not worth the risk of having to pay everything back with penalties. Your best options are: 1. NYS Disability (but be prepared, it pays very little) 2. Short-term disability insurance if your employer offers it 3. NY Paid Family Leave (if applicable) 4. If your condition is severe and long-term, consider Social Security Disability The system is frustrating because there's this huge gap between what unemployment pays and what disability pays. I had to call like 20 times to get someone to explain all this to me. Finally used claimyr.com which got me connected to a real person who could explain all my options. Saved me from making a mistake on my application that would have caused problems later.
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Caleb Bell
Thanks for the detailed response. This is exactly what I was afraid of - that gap between programs. I'll look into the disability options even though they don't pay much.
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Aileen Rodriguez
What's this claimyr thing? Does it actually work? The unemployment phone system is a nightmare.
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Bruno Simmons
Yeah it works. They basically call repeatedly for you and then connect you once they get through to a real person. After spending days trying to get through myself, it was a life saver. The agent I talked to actually helped me figure out which program was right for my situation.
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Zane Gray
The New York unemployment system is so broken. They make it impossible to know what you qualify for and even harder to actually get benefits when you need them. I've been fighting with them for months over a simple address change. Good luck with your situation 😔
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Caleb Bell
Thanks. Yeah it's incredibly confusing and the website is useless for answering specific questions.
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Maggie Martinez
Have u tried applying for disability benefits? Thats what there for! Unemployment is when ur job fires u but ur able to work.
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Alejandro Castro
My sister was in almost the exact same situation last year. She ended up applying for unemployment anyway and got denied (obviously). Then she applied for disability and got approved but the payments were tiny - like $170 a week. Barely covered her medications. The whole system is a joke for people with medical issues.
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Monique Byrd
its such a disgrace that NYS disability is still at the same rate it was decades ago. $170/week in NYC might as well be zero. 😡
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