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Caleb Bell

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?

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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Thanks for the info. Do you know how much the state disability pays? Is it anywhere close to unemployment?

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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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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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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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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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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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hold up, is this some kind of scam? they don't ask for your personal info or anything right? 👀

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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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another company promising to solve our problems with the unemployment system... are we that desperate? apparently yes 😭

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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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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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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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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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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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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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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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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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That winking emoji tells a different story lol

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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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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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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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What's this claimyr thing? Does it actually work? The unemployment phone system is a nightmare.

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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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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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Thanks. Yeah it's incredibly confusing and the website is useless for answering specific questions.

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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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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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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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I'm going through something similar right now and just wanted to share what I learned from talking to a benefits counselor. You definitely can't get unemployment while on medical leave - that's clear. But here's what helped me: contact your county's social services department. They often have benefits counselors who can walk you through ALL the programs you might qualify for, not just the obvious ones. In my case, I found out about emergency assistance programs I never knew existed, plus they helped me apply for everything at once instead of doing it piecemeal. Some counties even have emergency funds for people in situations like yours while waiting for disability to kick in. Also, if you have any savings or retirement accounts, look into hardship withdrawals. Not ideal, but might bridge the gap better than trying to survive on $170/week. The whole system is set up terribly for people dealing with health issues, but there are more resources than what's immediately obvious. Hope your recovery goes well!

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I'm dealing with something similar and this thread has been incredibly eye-opening! I had no idea there were so many different programs and that they could potentially work together. The gap between unemployment benefits and disability is absolutely crazy - $170/week in NY is basically nothing. From reading everyone's experiences, it sounds like the key is to cast a wide net and apply for multiple programs simultaneously rather than just focusing on one. I'm definitely going to check with my HR about supplemental disability insurance and look into that Paid Family Leave option too. Has anyone had luck with the appeals process if you get initially denied for disability? I'm worried about the paperwork being filled out correctly the first time since it seems like the doctor's wording makes such a huge difference in whether you get approved. Also, for those who mentioned claimyr.com - is there a similar service for the disability system or do you just have to deal with those phone lines yourself? The unemployment system seems impossible to reach, so I'm assuming disability isn't much better. Thanks to everyone for sharing their experiences. It's making a stressful situation feel a lot more manageable knowing there are actual options out there!

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Great questions! I can share some experience with the appeals process - I had to go through it when my initial disability application got denied. The key is getting your doctor to provide much more detailed documentation about your functional limitations, not just the diagnosis. Think specific examples like "unable to sit for more than 30 minutes" rather than just "back pain." As for phone systems, unfortunately there's no claimyr equivalent for disability that I know of. The NY Workers' Compensation Board handles disability claims and their phone system is just as frustrating as unemployment. You pretty much have to keep calling or try early morning/late afternoon when volume might be lower. One tip I learned - if you get denied initially, don't wait to appeal. The timeframes are strict and you want to get that appeal in quickly while gathering better medical documentation. Also consider reaching out to a disability attorney for a consultation if the appeal gets complicated. Many work on contingency so no upfront costs. You're right about casting a wide net - apply for everything you might qualify for simultaneously rather than waiting to see what happens with one program first. The worst they can do is say no, but you might be surprised what you actually qualify for!

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