Can you collect unemployment if you are off for medical reasons in NY?
I've been out of work for the past month due to a back injury that happened outside of work. My employer said they can't hold my position much longer and might have to let me go. I'm wondering if I can collect unemployment benefits if I'm terminated while I'm still recovering? I know there's something about being 'able and available' for work but I'm not sure how that applies when you have medical issues. Has anyone dealt with this situation before?
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Connor Murphy
This is a tricky situation with NYS Department of Labor rules. Generally, you need to be able and available for work to collect UI benefits. If you're medically unable to work, you typically wouldn't qualify for regular unemployment. However, if your employer terminates you and you later become able to work, you might be eligible at that point. You'd need to certify each week that you're able and available. Have you looked into disability benefits instead?
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Zainab Omar
•I hadn't thought about disability benefits. Is that through NYS Department of Labor too or a different agency? My doctor says I should be cleared to return to light duty work in about 2-3 weeks.
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Yara Sayegh
You cannot collect unemployment while you're medically unable to work, period. The 'able and available' requirement is strict. Once you're cleared by your doctor though, and if you've been terminated, then you can file a claim. Make sure you have documentation of your medical clearance because NYS Department of Labor will likely ask for it during adjudication.
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NebulaNova
•This happened to my sister last year. She had to wait until she was fully cleared before filing, but then her claim went through fine. Just be prepared for them to ask lots of questions about the medical leave.
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Keisha Williams
I'm so confused about this stuff!! I thought if you lost your job you automatically get unemployment? Why does it matter if it's medical? That seems really unfair when people are already dealing with health problems and job loss at the same time.
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Connor Murphy
•I understand the frustration, but unemployment insurance is specifically for people who are unemployed through no fault of their own AND are able to work. It's meant to bridge the gap while you're actively looking for new employment. That's why there are other programs like disability benefits for when you can't work due to medical reasons.
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Paolo Conti
Had a similar issue when I hurt my shoulder. Couldn't get through to NYS Department of Labor for weeks to get a clear answer about my situation. Finally used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent who explained everything. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way better than sitting on hold for hours just to get disconnected.
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Zainab Omar
•How much does something like that cost? I'm already stressed about money with being out of work.
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Paolo Conti
•I don't remember the exact cost but it was worth it to actually talk to someone who could give me accurate information about my specific situation. The uncertainty was driving me crazy.
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Amina Diallo
The system is so backwards. You lose your job because of health issues and then they tell you that you can't get help because of those same health issues. Makes no sense.
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Oliver Schulz
yeah this is why i always tell people to have savings. you never know when something like this will happen and the government programs dont really help when you need them most
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Diego Rojas
I went through something similar when I had surgery last year. The key thing is timing - you can't collect unemployment while you're medically unable to work, but once you're cleared and if you get terminated, you can file immediately. Don't wait! I made the mistake of waiting a few extra weeks thinking I needed to be "fully" recovered, but as long as your doctor clears you for some type of work, you meet the "able and available" requirement. Also, keep all your medical documentation organized because NYS Department of Labor will definitely want to see proof of when you became able to work again. The whole process was stressful but it worked out in the end.
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