Can you collect unemployment after having a baby - NYS Department of Labor eligibility?
I'm due in about 6 weeks and trying to figure out if I can apply for unemployment benefits through NYS Department of Labor after my baby is born. My employer doesn't offer paid maternity leave and I won't be able to work for at least 8-10 weeks after delivery. I've been at my job for 2 years so I should have enough work history. Does anyone know if having a baby qualifies you for UI benefits in NY? I'm really confused about the able and available requirements since obviously I won't be able to work right after giving birth.
11 comments


Freya Johansen
Unfortunately, you typically can't collect regular unemployment benefits while on maternity leave because you have to be able and available for work. However, you might qualify for Paid Family Leave (PFL) through NY State which is separate from unemployment. PFL provides partial wage replacement for bonding with a new child. You should also look into short-term disability benefits if you have coverage through your employer for the recovery period after birth.
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CosmosCaptain
•Thank you! I didn't realize PFL was different from unemployment. Do I apply for that through NYS Department of Labor too or is it a different agency?
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Omar Fawzi
wait i thought you could get unemployment if you quit for a good reason? isn't having a baby a good reason to leave your job?
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Chloe Wilson
•Quitting to have a baby generally doesn't qualify as 'good cause' for unemployment purposes. You'd need to be laid off or terminated through no fault of your own. The able and available requirement is the bigger issue here - you can't collect UI if you're not ready to accept work immediately.
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Diego Mendoza
I went through this exact situation last year! The NYS Department of Labor was really clear that I couldn't get regular unemployment while I was recovering from childbirth or taking time to bond with my baby. But I was able to get Paid Family Leave for 8 weeks at about 67% of my salary. You apply through your employer's insurance carrier, not directly through NYS Department of Labor. Make sure you start the paperwork early because there's a waiting period.
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CosmosCaptain
•This is so helpful! Did you have any issues with the application process? I'm worried about getting all the paperwork right.
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Anastasia Romanov
The whole system is so confusing honestly. I had to call NYS Department of Labor like 10 times when I was pregnant because I kept getting different answers from different people. If you're having trouble getting through to someone who can give you clear information about your specific situation, I ended up using this service called Claimyr (claimyr.com) that helped me actually reach a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting disconnected.
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StellarSurfer
•How much did that cost? I'm already worried about money with the baby coming and don't want to spend more if I don't have to.
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Anastasia Romanov
•It was worth it for me because I was getting nowhere with the regular phone lines. The service focuses on actually connecting you with the right person rather than you having to navigate the phone system yourself.
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Sean Kelly
Just to add - if you do end up leaving your job after the baby and want to return to work later, THEN you might be eligible for unemployment benefits if you're actively seeking work and available to accept a job. But during the immediate postpartum period when you're recovering and bonding, PFL and disability are your better options.
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Dmitry Ivanov
I'm in a similar situation and just wanted to share what I learned from my research. You definitely want to look into both Paid Family Leave (PFL) and short-term disability benefits. For the actual birth/recovery period, you might qualify for disability benefits (usually 6-8 weeks for vaginal delivery, longer for C-section). Then PFL kicks in for the bonding time. The key thing is that these run through your employer's insurance, not NYS Department of Labor unemployment. I'd recommend contacting your HR department ASAP to get the paperwork - some of it needs to be submitted before you go on leave. Also, if your employer has fewer than 50 employees, they might not be required to hold your job under FMLA, so definitely check on that too. Good luck with your baby!
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