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Oliver Schulz

Can I take a leave of absence and still get NY unemployment benefits?

I've been working at my company for 3 years and need to take a leave of absence for about 2 months to help care for my sick parent. My employer approved the leave but said it would be unpaid. Would I qualify for NY unemployment benefits during this time? I'm not quitting or being fired, just temporarily not working. Has anyone done this before or know the rules about leaves of absence and unemployment? Thanks!

Unfortunately, you generally can't collect unemployment benefits during an approved leave of absence. NY unemployment is specifically for people who lost their job through no fault of their own or had their hours reduced. Since you're voluntarily taking time off and your job is still available to you, you wouldn't qualify. Have you looked into Paid Family Leave (PFL) in New York? That might be a better option for your situation since you're caring for a family member.

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Oliver Schulz

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Thanks for the reply! I didn't know about Paid Family Leave. Will that cover parents though? I thought it was just for your own children.

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Javier Cruz

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The previous comment is correct - you can't get regular unemployment while on an approved leave of absence. But New York's Paid Family Leave program would be perfect for your situation! It specifically covers caring for family members with serious health conditions, including parents. You can get up to 12 weeks of paid leave at 67% of your average weekly wage (up to a cap). You need to fill out the PFL-1 form and have both your employer and your parent's doctor complete portions of it. The doctor will need to fill out the PFL-4 form certifying the medical need. Your HR department should have these forms or you can download them from the NY.gov website.

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Oliver Schulz

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This is really helpful! I'm going to talk to our HR department tomorrow. Do you know how long it typically takes to get approved and start receiving benefits once I submit all the paperwork?

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Emma Wilson

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I tried 2 get unemployment during my leave last yr & got DENIED. They told me since my job was still available to me I wasn't eligible. PFL is ur best bet!!! But warning - it takes FOREVER to get approved!!!! I waited like 3 weeks with no income before my first payment came thru. The system is so backed up right now.

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Oliver Schulz

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3 weeks with no income would be really tough. I don't have much savings right now. Did you ever try calling them to speed things up?

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Malik Thomas

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I used Paid Family Leave to care for my dad last September. The key thing most people miss is that you need to give your employer 30 days notice when possible. Since you're planning this in advance, make sure to do that. And YES it covers parents! The forms are a bit confusing but stick with it. Your parent will need to sign a release form and their doctor needs to complete certification paperwork that confirms they have a serious health condition requiring care. The hardest part for me was getting through to someone when I had questions about my application. I ended up using this service called Claimyr (claimyr.com) that got me through to a rep in about 15 minutes when I'd been trying for days. They have a demo video at https://youtu.be/Rdqa1gKtxuE showing how it works. Totally worth it because I had filled out one of the forms wrong and needed to fix it before they would process my claim.

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NeonNebula

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I second the Claimyr recommendation - used it last month when I couldn't get through about my PFL claim. Saved me so much frustration!

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The answer is NO for unemployment during leave of absence!!!! I work at the NYSDOL and see this question ALL THE TIME. Unemployment is only for people who are READY, WILLING and ABLE to work but cannot find work through no fault of their own. If you're on approved leave, you have a job waiting, so you don't qualify. Paid Family Leave is separate system entirely. Contact your HR department immediately to start that process as there are strict timeframes.

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Emma Wilson

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why do they make this stuff so complicated?? feels like they just don't want people to get benefits they deserve

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NeonNebula

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my friend took a leave for his wifes surgery and tried getting unemployment. got denied AND had to pay back the 2 weeks they gave him before they realized it was a leave! be really careful with this stuff.

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Oliver Schulz

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Yikes, that's good to know. I definitely don't want to end up owing money back. I'm going to focus on the PFL option.

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Ravi Malhotra

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One thing no one mentioned is whether your company has short-term disability insurance. Some employer plans will cover family care situations. Worth asking HR about that too when you discuss PFL. Sometimes you can combine them or use one after the other for more coverage. Also, make sure you understand if your employer will continue your health insurance during your leave and if you'll need to pay any premiums directly. That caught me by surprise during my leave.

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Javier Cruz

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Great point about health insurance! Under PFL, your employer must maintain your health insurance, but you'll still need to contribute your normal portion of the premium. Make sure to work out how you'll pay that while you're not receiving regular paychecks.

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Oliver Schulz

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Thank you everyone for all the helpful information! I'm definitely going to pursue the Paid Family Leave option instead of unemployment. I'll talk to HR tomorrow about starting the paperwork and making sure my health insurance stays active. I'm also going to check on the timeframe for approval so I can plan accordingly. If I have trouble reaching someone, I'll try that Claimyr service someone mentioned. I really appreciate all your advice!

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Glad we could help! One last tip - make copies of EVERYTHING you submit. The PFL process can sometimes have hiccups, and having documentation of what you submitted and when can save you a lot of headaches if there are any issues.

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Oliver Becker

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Just wanted to add one more thing that helped me when I went through PFL for my mom's care - keep a detailed log of all the care you're providing (doctor appointments you attend, daily care tasks, etc.). While it's not required for the application, it can be helpful if there are any questions about the legitimacy of your claim later on. Also, don't forget that you can take PFL intermittently if needed - you don't have to use all 12 weeks consecutively. This was really helpful for me when my mom had good days and bad days. Good luck with everything!

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Brooklyn Knight

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I'm dealing with a similar situation right now and this thread has been incredibly helpful! Just wanted to add one more resource that might be useful - the NY.gov website has a PFL calculator tool that can help you estimate your weekly benefit amount before you apply. It's under the "Workers" section and really helped me budget for the reduced income during my leave. Also, for anyone worried about the paperwork being complicated - I was intimidated at first but honestly found it much more straightforward than I expected. The hardest part was just getting started and gathering all the necessary information. Once you have everything organized, the actual forms are pretty logical to fill out. One question for those who've been through this - did anyone have issues with their employer initially not understanding the PFL process? I'm a bit worried my HR department might not be familiar with all the requirements since we're a smaller company.

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Sasha Reese

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Great point about the PFL calculator - I wish I had known about that tool when I was going through this process! It would have saved me a lot of guesswork about budgeting. Regarding your concern about HR not being familiar with PFL - I actually work for a smaller company too and had the same worry. What I found helpful was printing out the employer guide from the NY.gov website and bringing it to my initial meeting with HR. It walks through all their responsibilities and requirements step by step. Most HR departments are willing to learn, they just might need the right resources. You could also suggest they call the PFL hotline if they have specific questions - the state representatives are usually pretty helpful with employer inquiries. Don't let their unfamiliarity discourage you from pursuing the benefits you're entitled to!

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