Can you collect unemployment while on unpaid medical leave from work?
I've been working full-time at my company for 2 years and my doctor just told me I need to take 6-8 weeks off for a medical procedure and recovery. My employer said they'll hold my job but it's going to be unpaid leave through FMLA. My savings won't cover my bills for that long. Can I file for NYS Department of Labor unemployment benefits while I'm on this unpaid medical leave? I'm confused because technically I still have a job to return to, but I won't be getting paid anything during this time.
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Lorenzo McCormick
Unfortunately, you generally can't collect unemployment while on unpaid medical leave because you have to be able and available for work to qualify for UI benefits. Since you're unable to work due to medical reasons, NYS Department of Labor would likely deny your claim. However, you should look into New York State Disability Benefits (DBL) instead - that's specifically designed for when you can't work due to illness or injury.
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Ayla Kumar
•I didn't even know about disability benefits! Do I apply through the same NYS Department of Labor website or is it different?
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Carmella Popescu
yeah my sister tried this last year when she had surgery and they denied her unemployment claim right away. she ended up getting the state disability stuff instead which paid like 50% of her salary or something
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Kai Santiago
The disability benefits application is separate from unemployment - you apply through your employer's disability insurance carrier, not through NYS Department of Labor. Most employers in NY are required to provide this coverage. Check with your HR department about how to file for DBL. The key difference is unemployment requires you to be actively seeking work, while disability benefits are for when you medically cannot work.
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Lim Wong
•Wait, so if someone is on FMLA they definitely can't get unemployment? What if they're only partially disabled and could do some work?
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Dananyl Lear
This is such a frustrating gap in the system! Like you're stuck between being too sick to work but not qualifying for the right benefits. I had a friend who tried calling NYS Department of Labor about this exact situation and spent weeks on hold just to be told no. Have you considered using a service like Claimyr (claimyr.com) to actually get through to an agent? They have a video demo at https://youtu.be/qyftW-mnTNI that shows how they help people reach NYS Department of Labor representatives when the phone lines are impossible.
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Ayla Kumar
•Thanks for the suggestion! I'll check that out if I need to talk to someone at NYS Department of Labor about my situation.
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Noah huntAce420
Just want to add that even though you can't get unemployment during medical leave, once you're cleared to return to work and if your employer doesn't have a position available for you immediately, THEN you might be eligible for unemployment benefits. But definitely pursue the disability benefits first - that's your best option for income replacement during recovery.
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Skylar Neal
I went through something similar about 6 months ago when I needed surgery. The whole system is confusing but here's what I learned: You definitely can't get unemployment while on medical leave because you have to certify that you're able and available to work each week. But New York State Disability Benefits saved me - it's usually 50% of your average weekly wage up to a cap. The application process was way easier than I expected too. Your employer should have given you info about their disability insurance carrier when you started, but if not, HR should be able to help you get the forms. Don't wait to apply because there might be a waiting period before benefits kick in. Good luck with your procedure and recovery!
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LunarLegend
•This is really helpful info, thank you! I'm wondering about the timing - should I apply for disability benefits before my surgery or can I wait until after? Also, did you have any issues with your employer's HR department when you were going through this process? I'm a bit nervous about navigating all the paperwork while dealing with the medical stuff.
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Mei Liu
•You should definitely apply for disability benefits as soon as possible, ideally before your surgery if you can. There's usually a 7-day waiting period before benefits start, so applying early helps avoid gaps in income. As for HR, most are pretty helpful with this since it's a standard process they deal with regularly. Just ask them for the disability insurance carrier information and the claim forms. Don't stress too much about the paperwork - it's usually just basic info about your medical condition and work history. Focus on your health first, and the benefits will help bridge the financial gap during recovery.
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A Man D Mortal
I'm dealing with a similar situation right now and this thread has been super helpful! One thing I wanted to add - when you apply for NY State Disability Benefits, make sure your doctor fills out their portion of the forms completely and accurately. My claim got delayed by almost 3 weeks because there was missing info from my physician's office. Also, keep copies of everything you submit because if there are any issues, having your own records makes follow-up so much easier. The stress of navigating benefits while preparing for surgery is real, but hang in there - the disability benefits really do help cover essential expenses during recovery.
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