Can you apply for unemployment for maternity leave in NYS - confused about eligibility
I'm 6 months pregnant and trying to figure out my options when the baby comes. My friend told me you can apply for unemployment for maternity leave but I'm not sure if that's actually true? I work for a small company that doesn't offer paid maternity leave and I really need some income while I'm off. Has anyone done this through NYS Department of Labor? I don't want to file incorrectly and mess up my benefits later if I actually become unemployed for real reasons.
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Yara Haddad
Unfortunately you can't get regular unemployment benefits for maternity leave in New York. Unemployment requires that you be able and available to work, which you wouldn't be while on maternity leave. However, you might qualify for Paid Family Leave (PFL) through the state - that's different from unemployment but provides partial wage replacement. You should also look into Short Term Disability if your employer offers it.
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Connor Murphy
•Oh wow I had no idea there was a difference! So PFL is totally separate from the NYS Department of Labor unemployment system?
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Keisha Robinson
yeah my sister tried this last year and got denied by NYS Department of Labor because she couldn't prove she was looking for work while taking care of a newborn... makes sense when you think about it
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Paolo Conti
The previous responses are correct - standard UI benefits through NYS Department of Labor require you to be actively seeking work and available to accept employment immediately. Maternity leave doesn't meet these requirements. What you want is New York State Paid Family Leave, which provides up to 12 weeks of benefits at 67% of your average weekly wage (capped at 67% of the state average weekly wage). You need to apply through your employer or their insurance carrier, not through the NYS Department of Labor unemployment system.
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Connor Murphy
•This is super helpful! Do you know if there's a waiting period for PFL like there is with unemployment claims?
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Paolo Conti
•PFL has a 7-day waiting period, but it's different from unemployment. You should definitely talk to your HR department about this ASAP since there are specific procedures and deadlines.
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Amina Sow
I made this exact mistake when I had my daughter 3 years ago! Filed for unemployment thinking it would work and had to deal with NYS Department of Labor asking all these questions about job searches and work availability. It was such a headache and delayed everything. Definitely go the PFL route instead - it's designed specifically for situations like yours.
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GalaxyGazer
Wait I'm confused... I thought if you quit your job to have a baby you could get unemployment? My coworker said she did this but maybe I misunderstood
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Yara Haddad
•No, quitting your job voluntarily (even for a good reason like childbirth) would actually disqualify you from unemployment benefits. Your coworker might have been talking about something else or maybe her situation was different - like if she was laid off coincidentally around the same time.
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Oliver Wagner
If you're having trouble getting through to the right people about PFL or need to speak with someone at NYS Department of Labor about any related questions, I found this service called Claimyr (claimyr.com) that helps you actually reach agents by phone. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I used it when I couldn't get through on my own and it was way easier than sitting on hold for hours.
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Connor Murphy
•Thanks for the tip! I might need this if I run into issues with the PFL application process.
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Rachel Clark
Just wanted to add that you should also check if your employer contributes to New York State Disability Benefits (DBL) - this can provide partial wage replacement for the period when you're physically unable to work due to childbirth (usually around 6-8 weeks). It works alongside PFL, so you might be able to get DBL for the immediate recovery period and then transition to PFL for bonding time. Your employer's HR or payroll department should be able to tell you if they participate in the DBL program.
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