Can you collect unemployment while on leave of absence from NYS Department of Labor?

Unfortunately, you typically cannot collect unemployment benefits while on an approved leave of absence because you're not considered "unemployed" - you have a job waiting for you. NYS Department of Labor requires that you be available and actively seeking work to qualify for UI benefits. Since you're on leave and not available to accept other employment, you wouldn't meet the eligibility requirements.

yeah i tried this last year when i took leave for surgery and they denied my claim right away. they said since i wasnt available for work i didnt qualify

You might want to look into Family and Medical Leave Act (FMLA) protections if this qualifies as a serious health condition for a family member. While FMLA doesn't provide income replacement, it does protect your job. For income support, you'd need to check if you qualify for any state disability programs or if your employer offers any voluntary leave benefits. The key issue with unemployment is the 'able and available' requirement - being on leave means you're not available for other work.

I had a similar situation trying to get through to NYS Department of Labor about this exact question. The phone lines are always busy and when I finally got someone, they just repeated the same eligibility requirements. If you really need to speak with an agent about your specific circumstances, I ended up using claimyr.com to get through - they have a service that calls on your behalf and there's a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting hung up on.

This whole system is so backwards!! You need money the most when you're dealing with family emergencies but that's exactly when you can't get help. Meanwhile people game the system all the time and somehow qualify. Makes no sense.

Just wanted to say I feel for you - taking care of family is hard enough without worrying about money. Hope your father's situation improves and you can get back to work soon.

I went through something similar when my mom was in the hospital for months. One thing that helped was checking if your employer has any short-term disability benefits or employee assistance programs that might provide some financial support during family leave. Also, some states have paid family leave programs (though I don't think NY has one yet). You might also qualify for temporary assistance programs through social services if your income drops significantly. It's worth calling 211 to ask about local resources for caregivers - they sometimes know about programs that aren't well advertised.

Have you looked into whether your company offers any voluntary short-term disability insurance that might cover family caregiving situations? Some employers have expanded their STD policies to include family care leave. Also, depending on your father's condition, you might qualify as his caregiver for certain state programs that provide stipends or support services. It's worth checking with your local Area Agency on Aging - they often have resources for adult children caring for elderly parents that could help bridge the income gap during your leave.

I'm dealing with a similar situation right now - my spouse needed emergency surgery and I had to take unpaid leave to care for them. What I learned is that even though you can't get unemployment during approved leave, you should definitely document everything in case your situation changes. If your father's condition worsens and your leave becomes indefinite, or if your employer changes the terms of your return, that could potentially change your eligibility. Also, make sure to keep all your medical documentation and correspondence with HR. I'd recommend calling your local Department of Social Services too - they might have emergency assistance programs for caregivers that could help with utilities or other expenses while you're not getting paid. Hang in there, it's a tough situation but you're doing the right thing for your family.