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!

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!

I'm a new mom who went through this exact situation in NY just 8 months ago! Reading through all these responses brings back so many memories of the stress and confusion. I want to add one more piece of advice that really helped me: when you do get through to speak with someone at NYSDOL, ask them to put notes in your file about what they told you. Sometimes different representatives give conflicting information, and having official notes in your case file can prevent issues later if someone else reviews your claim. Also, I see people mentioning the Claimyr service - I used it too and it was a lifesaver. Just make sure when you do connect with an agent through any method that you clearly explain your situation as "my employer permanently filled my position while I was on approved medical leave" rather than leading with "I had a baby." The framing really matters for how they categorize your claim. One last thing - if you end up having to appeal a decision (hopefully you won't!), consider reaching out to your local legal aid society. Many have employment law volunteers who can help with unemployment appeals at no cost. You've got this, and congratulations on your little one! The bureaucracy is frustrating but you deserve these benefits.

This thread has been absolutely incredible! As a new mom myself (baby is 7 weeks old), I can't thank everyone enough for sharing such detailed and helpful advice. I'm in a very similar situation - my employer hired someone permanent while I was on unpaid leave, and I've been so confused about whether I could qualify for unemployment benefits. Reading through all these experiences has been eye-opening. The key points I'm taking away are: 1) Frame it as "lack of work" since my position was eliminated, not as leaving for personal reasons, 2) Make sure I have medical clearance to work before filing, 3) Document everything including job applications and communications with my employer, and 4) Be persistent with the system whether calling early morning or using services like Claimyr. What really struck me is how many of us are dealing with the exact same situation but didn't know our rights. It's frustrating that this information isn't more readily available, especially when new parents are already overwhelmed. The fact sheet mentioned by Jay and the professional confirmation from Zara give me so much more confidence that this is a legitimate claim. I'm planning to file my application this week using all the strategies shared here. This community has turned what felt like an impossible bureaucratic nightmare into a manageable process with clear steps. Thank you all for being so generous with your time and knowledge - you're helping so many families during a really challenging time!