Can you collect unemployment if you are on leave without pay from NYS Department of Labor?
My employer put me on unpaid leave indefinitely due to budget cuts but they say it's not a layoff and my position might come back eventually. I'm getting conflicting information about whether I can file for unemployment benefits during this time. Some people say unpaid leave doesn't qualify but others say it depends on the circumstances. Has anyone dealt with this situation with NYS Department of Labor? I really need to know if I should file or if it will cause problems when I go back to work.
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Kristin Frank
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.
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Jabari-Jo
•They told me it could be anywhere from 2 months to a year depending on their financial situation. That sounds pretty indefinite to me. Should I mention that when I file?
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Micah Trail
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
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Nia Watson
•Medical leave is different because you're typically not able to work. Budget-related unpaid leave where you're still able and available for work is handled differently by NYS Department of Labor.
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Alberto Souchard
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.
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Jabari-Jo
•How long did it take to get through to someone? I've been trying to call for three days with no luck.
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Alberto Souchard
•With Claimyr it was same day. Without it, I never got through in weeks of trying.
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Katherine Shultz
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.
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Marcus Marsh
•exactly! the system is designed to make it as hard as possible to get benefits
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Hailey O'Leary
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...
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Kristin Frank
•Having a job 'on paper' doesn't disqualify you if you're not actually working or getting paid. The key is whether you're able and available for work and whether the leave is indefinite. NYS Department of Labor evaluates each case individually.
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Marcus Marsh
just file and see what happens, worst they can say is no
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Grant Vikers
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.
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Ravi Malhotra
•This is really helpful advice, thank you! I do have the email from HR about the unpaid leave and it specifically mentions the budget situation. They were pretty vague about timing though - just said "indefinite due to fiscal constraints." Should I also mention that I'm actively looking for other work in the meantime? I want to make sure I'm being completely honest about my availability.
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Anastasia Kozlov
Yes, definitely mention that you're actively looking for other work! That's actually a requirement for unemployment benefits - you need to demonstrate that you're able, available, and actively seeking employment. The fact that you're job searching shows NYS Department of Labor that you're not just sitting around waiting for your old position to come back, which strengthens your case. Keep records of your job search activities too (applications submitted, interviews attended, etc.) since they may ask for proof during your weekly certifications. Your situation with the indefinite budget-related leave and active job search sounds like it should qualify, but getting that documented properly in your initial filing is crucial.
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Jackson Carter
•This is exactly what I needed to hear! I've been worried about filing because I wasn't sure if being on "leave" would disqualify me, but it sounds like my situation is actually pretty textbook for unemployment benefits. I've already started job searching and have been keeping a spreadsheet of applications, so I should be good on that front. One quick question - when you say "documented properly in your initial filing," do you mean I should upload the HR email as supporting documentation, or just reference it in the application text? I want to make sure I give them all the relevant details upfront rather than having to explain later.
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Santiago Martinez
•@Jackson Carter Both! I d'upload the HR email as supporting documentation AND reference the key details in your application text. When filling out the initial claim, there s'usually a section where you can explain your separation from work - use that space to clearly state it s'an indefinite unpaid leave due to budget constraints, not disciplinary action. Having the documentation uploaded gives them something concrete to review, but explaining it in your own words in the application ensures they understand the situation right away. Don t'assume they ll'read the attachments first - make your case clear in both places.
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