Can you collect unemployment if you are on leave without pay from NYS Department of Labor?

You can potentially collect unemployment during unpaid leave, but it depends on the specific circumstances. The key factor is whether you're considered 'able and available' for work and whether the leave is truly indefinite. If your employer can't give you a specific return date and you're free to seek other employment, you may qualify. You'll need to file a claim and let NYS Department of Labor make the determination.

i was on unpaid medical leave last year and couldnt get benefits because i wasnt available for work... but your situation sounds different since its not medical

I went through something similar when my company had 'temporary' layoffs that lasted 8 months. The problem I had was getting through to someone at NYS Department of Labor to explain my situation properly. The phone lines are always busy and the online system doesn't handle these gray area cases well. I ended up using a service called Claimyr (claimyr.com) that helped me get connected to an actual agent who could review my case. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was worth it to get a real person to look at my specific situation.

The NYS Department of Labor system is so frustrating with these edge cases! They act like every situation fits into their neat little boxes. Unpaid leave, temporary layoff, furlough - they should all qualify if you're not getting paid and don't know when you'll be back. It's ridiculous that people have to jump through hoops when they're already struggling financially.

Wait, I'm confused about something. If you're on unpaid leave, doesn't that mean you still have a job? I thought you had to be unemployed to get unemployment benefits. This is making me second-guess my own situation...

just file and see what happens, worst they can say is no

I was in a similar situation last year with a different state agency. The key thing that helped my case was documenting everything - get any communication about the unpaid leave in writing if possible. When you file, be very clear that this is budget-related, not disciplinary, and that you have no definite return date. Also emphasize that you're able and available for other work during this period. The fact that they specifically said it's "not a layoff" might actually work in your favor since it shows the indefinite nature of the situation. Don't let the bureaucracy discourage you from filing - you're in a legitimate gray area that deserves individual review.