Can you collect unemployment while on leave of absence from NYS Department of Labor?
My company approved me for a 6-month unpaid leave of absence to care for my sick father. HR said I can return to my position when I'm ready, but I won't be getting paid during this time. Can I file for unemployment benefits with NYS Department of Labor while I'm on this leave? I'm confused because technically I still have a job to return to, but I'm not earning any income right now. Has anyone been in this situation before?
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Kingston Bellamy
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.
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Morita Montoya
AuthorThat makes sense but it's frustrating. So I basically have no income during this whole period? What if my leave gets extended or my company changes their mind about holding my position?
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Joy Olmedo
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
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Isaiah Cross
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.
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Morita Montoya
AuthorI think my situation does qualify for FMLA. My company's HR mentioned it but didn't explain the income part clearly. I'll need to research what other options I might have.
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Kiara Greene
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.
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Evelyn Kelly
Interesting, never heard of that service before. Did they actually help clarify your leave situation or just confirm what you already knew?
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Kiara Greene
They helped me understand that there might be exceptions in very specific circumstances, like if your leave becomes indefinite or if your employer changes the terms. But for a standard approved leave with a return date, it's pretty cut and dry - no unemployment benefits.
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Paloma Clark
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.
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Heather Tyson
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.
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Roger Romero
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.
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