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!
29 comments


Natasha Orlova
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
•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
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
•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
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
•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
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
•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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Isabella Costa
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
•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
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
•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
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
•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
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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Natasha Orlova
•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
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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Miguel Diaz
•That's really smart advice about keeping a care log! I hadn't thought about the intermittent option either - that could be really useful since I'm not sure exactly how my parent's condition will progress over the next couple months. It sounds like PFL is much more flexible than I initially thought. Thanks for sharing your experience!
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Freya Pedersen
I went through a similar situation last year when my father needed care after a stroke. Everyone here is giving you solid advice - definitely go with PFL instead of unemployment. One thing I'd add is to start the paperwork process as soon as possible, even if you don't need the leave to start immediately. The medical certification from your parent's doctor can sometimes take a while to get scheduled and completed, especially if they're seeing specialists. Also, make sure to ask your HR department about any company-specific policies for unpaid leave - some employers have additional job protection benefits beyond what's required by law. The peace of mind knowing your position is secure while you're caring for your parent is invaluable. Hope everything goes well with your parent's health!
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Chloe Robinson
•This is all such valuable information - thank you everyone! I'm feeling much more confident about navigating this process now. The tip about starting the paperwork early is especially helpful since I wasn't sure about the timeline for getting the medical certification. I'll definitely ask HR about any additional company policies too. It's reassuring to hear from people who have actually been through this situation successfully. Really appreciate this community for sharing real experiences and practical advice!
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Chloe Boulanger
I went through this exact situation about 6 months ago when my mom had a major health scare. Everyone here is absolutely right - you cannot get unemployment benefits during an approved leave of absence, but NY Paid Family Leave is exactly what you need and it covers caring for parents. A few practical tips from my experience: 1) Start the PFL application process NOW, don't wait until you need to take the leave. The medical certification alone took my mom's doctor 2 weeks to complete. 2) Make sure you understand your company's leave policy - some employers require you to use accrued vacation/sick time first before PFL kicks in. 3) The 67% wage replacement has a weekly cap (around $1,200 when I applied), so calculate what you'll actually receive vs your normal pay to budget accordingly. The paperwork seems overwhelming at first, but it's really straightforward once you get started. Your parent's doctor just needs to confirm they have a serious health condition requiring family care. Don't let the bureaucracy discourage you - this benefit exists exactly for situations like yours. Wishing you and your parent all the best during this difficult time.
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Olivia Van-Cleve
•Thank you for the detailed breakdown! The point about some employers requiring you to use accrued time first is really important - I hadn't considered that. I'm definitely going to ask HR about that policy when I meet with them. The weekly cap information is also super helpful for budgeting purposes. It sounds like the key is really just getting started with the paperwork as early as possible. I appreciate you sharing your timeline experience - knowing the doctor certification took 2 weeks gives me a realistic expectation. Thanks for the encouragement too, this whole situation has been pretty stressful but hearing from people who've successfully navigated it makes me feel much more prepared.
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Mason Kaczka
I just want to echo what everyone else has said about PFL being your best option here. I had to use it last fall when my dad was going through cancer treatment and it was a lifesaver. One thing I'd add that I wish someone had told me - when you're filling out the forms, be very specific about the type of care you'll be providing. Don't just write "caring for parent" - list actual tasks like "assistance with medical appointments, medication management, personal care, transportation to treatments" etc. The more detailed you are, the smoother the approval process tends to go. Also, if your parent is already seeing multiple doctors, ask which one would be best to complete the medical certification - sometimes the primary care doctor is faster than specialists. Good luck with everything, and I hope your parent's health improves soon!
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Isaiah Sanders
•That's excellent advice about being specific on the forms! I hadn't thought about how the level of detail could impact the approval process. The tip about choosing which doctor to complete the certification is also really smart - I'll definitely ask about that when we start coordinating the medical side of things. It's so helpful to learn from everyone's real experiences with this process. Thank you for the well wishes for my parent too, and I'm glad the PFL worked out well for your dad's treatment. This community has been incredibly supportive!
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Ethan Scott
I'm new to this community but wanted to share my recent experience since it's so relevant to your situation. I just went through the PFL process last month for my elderly mother's care after she had a fall. The advice everyone's given here is spot-on - you absolutely cannot get unemployment during an approved leave, but PFL is designed exactly for situations like yours. One thing I learned that might help you is that NY Paid Family Leave actually has a really helpful online portal where you can track your application status once you submit it. This was a game-changer for me because I could see exactly where my application was in the process instead of wondering and worrying. Also, if your parent has multiple health conditions, make sure the doctor's certification covers the primary condition that requires the most care - this can help strengthen your application. The whole process took about 3 weeks for me from submission to first payment, which aligns with what others have mentioned. I'd also recommend setting up direct deposit when you apply since paper checks can add extra delays. Hope this helps, and I'm sending good thoughts for your parent's health!
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Muhammad Hobbs
•Welcome to the community and thanks for sharing your recent experience! The tip about the online portal for tracking application status is really valuable - I had no idea that existed and it sounds like it would definitely help with the anxiety of waiting. The point about focusing on the primary health condition in the doctor's certification is also something I hadn't considered but makes total sense. It's reassuring to hear your timeline was similar to what others mentioned (about 3 weeks), and the direct deposit suggestion is practical advice I'll definitely follow. Thanks for taking the time to share these details as someone new to the community - it really helps to get fresh perspective from recent experiences!
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Brooklyn Knight
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
•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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CosmicCadet
I've been following this thread and wanted to share some additional insights as someone who works in HR and has helped several employees navigate PFL applications. A few practical tips that might help: First, when you meet with your HR department, ask specifically about your company's policy on benefits continuation during unpaid leave. While PFL requires employers to maintain your health insurance, some companies also continue other benefits like life insurance or 401k matching - this varies by employer. Second, if your parent lives in a different state, don't worry - NY PFL still applies as long as YOU work in New York. I've seen employees mistakenly think they can't use NY benefits if they're caring for an out-of-state family member. Finally, consider discussing a gradual return to work plan with your employer before you start your leave. Some companies are flexible about reduced hours or remote work arrangements when you're ready to come back, which can help with the transition period. This isn't required by law, but many employers are willing to accommodate if you discuss it upfront. The process really isn't as daunting as it seems initially, and it sounds like you're already getting great advice from this community. Best of luck with everything!
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