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.
16 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.
0 coins
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?
0 coins
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?
0 coins
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.
0 coins
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.
0 coins
CosmosCaptain
•This is so helpful! Did you have any issues with the application process? I'm worried about getting all the paperwork right.
0 coins
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.
0 coins
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.
0 coins
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.
0 coins
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.
0 coins
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!
0 coins
Dylan Campbell
•This is really comprehensive, thank you! I had no idea about the distinction between disability for recovery vs PFL for bonding time. Quick question - do you know if the disability benefits start immediately after birth or is there a waiting period like with some other benefits? And does the 6-8 weeks include the time you might need to take off before delivery if there are complications?
0 coins
Tyler Murphy
Just wanted to add something important that I learned the hard way - make sure you understand the timing requirements for these benefits! For Paid Family Leave, you have to give your employer at least 30 days advance notice if the need for leave is foreseeable (like childbirth). For short-term disability, there's usually a waiting period before benefits kick in, and you need to file the claim within a certain timeframe after becoming disabled. Also, if you're planning to take the full 12 weeks available under PFL, you can take it intermittently or all at once within the first year after your baby's birth. I'd really recommend getting in touch with your employer's benefits administrator now to understand exactly what paperwork you'll need and when to submit it. The last thing you want is to be dealing with benefit denials while you're caring for a newborn!
0 coins
Ava Hernandez
•This timing advice is crucial! I wish I had known about the 30-day advance notice requirement earlier. One thing to add - if you're planning to use both disability benefits for recovery AND Paid Family Leave for bonding, make sure you understand how they coordinate with each other. Some employers require you to use any accrued vacation time first, which can affect your total time off and benefits. Also, keep detailed records of all your paperwork and submission dates - I've heard too many stories of people having issues because documentation got lost in the system. Better to be over-prepared than scrambling later when you should be focusing on your new baby!
0 coins
AstroAce
I just went through this process 6 months ago and wanted to share my experience! You're right to be confused about the unemployment eligibility - I thought I could collect UI benefits too, but learned that taking time off to recover from childbirth and bond with your baby actually disqualifies you because of the "able and available" requirement. However, New York has really good family leave benefits that might work better for your situation. I ended up using short-term disability for my 6-week recovery period (paid at about 50% of my salary), then transitioned to Paid Family Leave for an additional 8 weeks of bonding time (paid at 67% of my average weekly wage). The total 14 weeks gave me much more time with my baby than I initially thought I'd be able to afford. One tip - start gathering your paperwork now! You'll need forms from your doctor, and some need to be completed before your due date. Your employer's HR department should have all the forms and can walk you through the process. Also keep in mind that these benefits are funded through small payroll deductions you've probably been paying all along, so you've already "paid into" this system. Feel free to ask if you have specific questions about the application process!
0 coins
Laila Fury
•This is exactly the kind of detailed breakdown I needed! Thank you so much for sharing your experience. The fact that you got 14 weeks total between disability and PFL sounds amazing - way better than what I was expecting. I had no idea we'd already been paying into this system through payroll deductions. Quick question about the transition from disability to PFL - did you have to file separate applications or did one automatically lead to the other? Also, when you say start gathering paperwork now, are there specific forms I should ask my doctor about at my next appointment? I want to make sure I don't miss anything important in the process.
0 coins