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

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?

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!

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.

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!

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!!!!!

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!

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!!

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

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.

I'm going through a similar situation right now! Had my baby 6 weeks ago and my employer also replaced me while I was on leave. Based on what everyone's saying here, it sounds like you definitely have a case since your position was permanently filled. I've been putting off applying because I was confused about the requirements, but seeing all this advice makes me feel more confident about filing. The documentation everyone mentioned is key - I also have texts from my manager about hiring my replacement. Going to try the online application this week and maybe look into that Claimyr service if I need to speak with someone. Thanks for posting this question, it's helping more people than just you!

This is such a stressful situation to navigate with a newborn! I went through something similar in NY last year. One thing that helped me was calling the unemployment office early in the morning (like 8:05 AM right when they open) - I had better luck getting through then rather than later in the day. Also, make sure when you file online that you select "lack of work" as your reason for unemployment, not anything related to personal/family reasons. Since your employer permanently replaced you while on leave, that's essentially a layoff due to lack of work for you specifically. The key is framing it correctly in your application. Document everything and don't give up - you deserve these benefits if your job was eliminated while you were on approved leave!

Hey Cole! I just wanted to add that if you do end up using the Claimyr service that Rachel and others mentioned, make sure to have all your documentation ready before the call - your doctor's clearance note, those texts from your boss about hiring a replacement, and a list of jobs you've already applied to. When I used a similar callback service for a different state's unemployment office, they connected me quickly but the agent moved fast through questions and I wished I had been more prepared. Also, even though your employer is small and exempt from Paid Family Leave, you might still want to check if you're eligible for NY State Disability Insurance benefits for the recovery period after childbirth - it's a separate program that covers temporary disability due to pregnancy/childbirth. The benefits are modest but every bit helps with a new baby! Good luck with everything and congrats on your little one!

I'm a new mom too (baby is 2 months old) and I just wanted to say how helpful this entire thread has been! I'm not in the same situation since I was able to return to my job, but seeing all the detailed advice here really shows how confusing the system is for new parents. Cole, it sounds like you have a strong case since your position was permanently filled - that's definitely different from voluntarily leaving. One small tip I learned when dealing with NY government services: if you do get through to someone on the phone, ask them to email you a summary of what they told you or get a reference number for your call. Sometimes different agents give different information and having that documentation can be really important later. Wishing you the best of luck with your application and congratulations on your new baby! The first few months are so hard even without having to deal with unemployment bureaucracy.

Just wanted to share an update and some additional resources that might help! I successfully filed my unemployment claim online last week after reading all the advice here. The key was really framing it as "lack of work" since my position was eliminated while on leave, rather than focusing on the maternity aspect. I also discovered that NY has a specific fact sheet about unemployment benefits and pregnancy/maternity situations on their DOL website - it's buried pretty deep but has helpful clarification about when you can and can't collect benefits. For anyone still struggling with the phone system, I ended up trying the early morning call strategy (calling right at 8 AM) and actually got through on my third attempt! The wait was still about 45 minutes but much better than the endless busy signals. The agent confirmed that since my employer permanently filled my position, I should qualify for benefits once I'm cleared to work. Still waiting for my first payment but wanted to share what worked for me. Thanks again to everyone who shared their experiences and advice - this community really came through when I needed help most!

As someone who went through this exact situation two years ago in NY, I can confirm that you likely DO qualify for unemployment benefits! The key distinction everyone's making here is absolutely correct - it's not about leaving for maternity leave, it's about your job being permanently filled while you were on approved leave. That's essentially a layoff. Here's what really helped me: when I filed online, I made sure to emphasize three main points: 1) I was medically cleared to return to work, 2) my employer permanently replaced me during my leave, and 3) I was actively seeking employment. I also kept screenshots of job postings I applied to as documentation. One thing I didn't see mentioned - if you're still within your first few weeks postpartum, you might want to wait until you're fully cleared by your doctor before filing, as they will ask about your ability to work immediately. But don't wait too long since there can be delays in processing. The phone situation is definitely a nightmare. I ended up using that Claimyr service others mentioned after two weeks of failed attempts, and it was worth every penny just for peace of mind. But the early morning calling strategy does work too if you're persistent. Hang in there - navigating this with a newborn is incredibly stressful, but it sounds like you have a solid case based on your employer permanently filling your position. Document everything and don't let them discourage you!