Can you draw unemployment while on FMLA - NYS Department of Labor eligibility question
I'm currently on FMLA leave from my job for a family medical situation and my employer is only paying me partial wages through their short-term disability program. Since I'm not getting my full income, I was wondering if I can file for unemployment benefits with NYS Department of Labor while I'm still technically employed but on unpaid FMLA? My HR department wasn't very helpful when I asked them about this. Has anyone been in a similar situation with UI benefits during family leave?
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Paolo Conti
Unfortunately, you generally cannot collect unemployment benefits while on FMLA because you're still employed and not actively seeking work. NYS Department of Labor requires that you be able and available to work to qualify for UI benefits. FMLA specifically protects your job while you're unable to work due to family/medical reasons, which conflicts with the unemployment requirement that you must be ready and willing to accept suitable employment.
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Keisha Robinson
•That makes sense but it's really frustrating financially. So there's no exception even if I'm only getting partial pay from my employer?
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Amina Sow
wait i thought you could get unemployment if your hours were reduced? my cousin got UI when her job cut her to part time last year
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GalaxyGazer
•That's different - your cousin was working reduced hours and available for more work. FMLA means you're specifically NOT available to work, which disqualifies you from unemployment benefits. The key difference is availability and ability to work.
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Oliver Wagner
I went through something similar last year when I had to take FMLA for my dad's cancer treatment. I tried calling NYS Department of Labor multiple times to get clarification but could never get through to anyone who could give me a definitive answer. The automated system just kept hanging up on me. I eventually found this service called Claimyr that helps you actually reach NYS Department of Labor agents - check out claimyr.com. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was worth it just to get a real person to explain why FMLA and unemployment don't work together.
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Keisha Robinson
•Thanks for the suggestion! I've been trying to call NYS Department of Labor for weeks with no luck. Did they explain any alternatives or resources available during FMLA?
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Natasha Kuznetsova
The unemployment system is so messed up! They make it impossible to get answers when you're already dealing with family emergencies. Like why can't they have some kind of partial benefit for people on FMLA who aren't getting full pay?? The whole thing is designed to screw over working families.
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Javier Mendoza
•I feel you on the frustration but there are logical reasons for the rules. If someone on FMLA could get unemployment, it would essentially be double-dipping from government programs since FMLA protects your job while UI is meant to replace income when you lose your job.
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Emma Thompson
check with your state disability program maybe? i know some states have temporary disability benefits that might cover part of your income during fmla but idk if ny has that
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Omar Farouk
•New York does have Paid Family Leave (PFL) which might be what you're looking for! It provides partial wage replacement when you're on FMLA for bonding with a new child or caring for a family member. You should check if your situation qualifies - you can apply through your employer or directly with NY's PFL program. It's separate from unemployment and designed specifically for people on family leave.
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