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Can new moms qualify for NY unemployment after giving birth? Can't reach anyone by phone

I just had my baby 3 weeks ago and my maternity leave from work was unpaid. I'm wondering if I qualify for NY unemployment benefits as a new mom? My employer said I don't since I 'voluntarily' left to have a baby, but that doesn't seem right. I've been trying to call the unemployment office for DAYS and can never get through to an actual person. The automated system just keeps disconnecting me after 30+ minutes on hold. Anyone know if new mothers can claim unemployment in New York? And how to actually talk to someone about my specific situation?

Unfortunately, in New York, you generally can't collect unemployment if you leave work to have a baby since you're not considered 'ready, willing and able' to work, which is a requirement for UI benefits. However, you might qualify for NY Paid Family Leave or Temporary Disability Insurance instead. Those programs specifically cover maternity situations. Did your employer mention these options?

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Cole Roush

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Thanks for replying! My employer is really small (only 6 employees) and they said they're exempt from the Paid Family Leave requirements. I didn't know about Temporary Disability though - is that different? How do I apply for that? I've been looking for work from home opportunities but nothing solid yet.

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Arnav Bengali

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I went thru this last yr!! You CAN get unemployment BUT only after you're medically cleared to return to work AND if your employer doesnt have a position for you. If they held your job and you choose not to go back, then no UI. But if they replaced you or eliminated your position while you were out, then YES you can get benefits. But good luck getting anyone on the phone to confirm this for your situation!

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Cole Roush

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Oh wow, that's really helpful info! They did hire someone to replace me permanently since they needed someone right away. So maybe I do qualify? I really need to talk to someone at the unemployment office to confirm.

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Sayid Hassan

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To clarify what others have said: New York unemployment benefits are available to people who are ready to work immediately and lost their job through no fault of their own. If your employer replaced you while you were on maternity leave, you might qualify, but you'll need to be cleared by your doctor as able to work. Here's what to do: 1. Get a note from your doctor saying you're cleared to work 2. File your unemployment claim online ASAP at labor.ny.gov 3. In your claim, clearly explain that your position was filled while you were on maternity leave 4. Be prepared to show you're actively looking for work Regarding the phone issues - that's unfortunately very common. The NY DOL phone system is overwhelmed most days.

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Cole Roush

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Thank you for the detailed steps! I already have the doctor's note clearing me to work (got it last week at my checkup). I tried filing online but got confused by some questions about why I'm not working, which is why I was trying to call. I'll try the online application again with this advice.

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Rachel Tao

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I had my baby in January and faced the EXACT same problem!!! Trying to call the unemployment office is literally impossible. I spent weeks trying. Eventually I broke down and used a service called Claimyr (claimyr.com) that got me connected to an agent in under 10 minutes. Cost some money but saved me weeks of frustration. There's a video showing how it works: https://youtu.be/Rdqa1gKtxuE. The agent I talked to said I qualified for benefits because my job hired someone else while I was out, even though it was maternity leave. Got my first payment 2 weeks later!

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Derek Olson

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Is this service legit? sounds too good to be true honestly. the DOL phones are ALWAYS busy.

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Rachel Tao

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@JaneDoe100 Yes it's legit! I was skeptical too but desperate after trying for 3 weeks to get through. They use some tech that holds your place in line. The agent I spoke with was definitely a real NY unemployment person and helped resolve my issue right away.

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Danielle Mays

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Theres alot of WRONG info here! You CANNOT get unemployment just for having a baby, period. But like someone else said, if your job replaced you while you were on leave, THAT can qualify you. Its not about the baby, its about losing your job. Make sure you understand the difference when you apply or theyll deny you fast!!!!!

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You're right that the distinction is important. It's not the maternity leave itself that qualifies someone, but what happened to their job while they were on leave. To the original poster: make sure to emphasize that your position was filled permanently while you were on approved leave, rather than focusing on the childbirth aspect.

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Roger Romero

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Just wanted to say congrats on your baby! The unemployment system is so confusing and stressful especially when you have a newborn. Hope you get it sorted out soon!

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Cole Roush

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Thank you! It's definitely been overwhelming trying to figure all this out while taking care of a newborn. Appreciate the kind words.

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Derek Olson

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I'm curious - did your employer give you anything in writing about replacing you? My sister went through something similar in NY and the unemployment office wanted documentation that her position was actually eliminated/replaced. If you have any emails or texts about this save them!!

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Cole Roush

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That's good advice - thank you! I do have texts where my boss told me they hired someone else permanently for my position. I'll make sure to save those and any other documentation I have.

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Arnav Bengali

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when i was on unemployment in 2025 i tried calling for 2 weeks straight and couldnt get thru then i saw someone mention that claimyr thing and it actually worked! the unemployment lady i talked to was super helpful once i actually got to her. sometimes you just gotta pay to skip the line i guess lol

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Cole Roush

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That service seems to be helping a lot of people. Might be worth it just to get a definite answer about my situation instead of guessing. Thanks for sharing your experience!

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Sayid Hassan

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Just to follow up - after you speak with NYSDOL, whether through regular channels or using a service, make sure to document everything from that conversation. Get the agent's ID number if possible, and take detailed notes about what they tell you. This will help if there are any discrepancies later. Also, be prepared to provide documentation showing: 1. Your medical clearance to return to work 2. Evidence your position was permanently filled 3. That you're actively seeking work Keep a detailed log of all your job search activities as NYSDOL may request this information during your benefit period.

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Cole Roush

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This is really helpful advice. I'll definitely get the agent's ID and keep detailed notes. I've already started applying for jobs and keeping track of applications, so I'll continue documenting everything carefully.

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