Can you get unemployment after having a baby - NYS Department of Labor eligibility?
I just had my daughter 6 weeks ago and I'm wondering if I can file for unemployment benefits through NYS Department of Labor. I was working full-time at a retail store until I went on maternity leave, but they told me my position was eliminated while I was out. I thought you had to be actively looking for work to get UI benefits, but with a newborn I'm not sure if I can meet the job search requirements right now. Has anyone been in this situation? Do I qualify for unemployment after having a baby or do I need to wait until I'm ready to go back to work?
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Fatima Al-Farsi
Yes, you can absolutely file for unemployment benefits after having a baby if you lost your job! The key is that you were laid off/terminated, not that you voluntarily quit. For NYS Department of Labor eligibility, you need to be able and available for work, but 'available' doesn't mean you have to start immediately. You can indicate you're available to start work in the near future. You'll still need to do your weekly job search activities though - 3 work search contacts per week minimum.
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Giovanni Moretti
•Thank you! So I can file now even though I probably won't start a new job for another month or two? I want to make sure I don't mess up my claim by filing too early.
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Dylan Cooper
i think you have to be ready to work immediately to get benefits? my friend got denied because she said she needed childcare arrangements first
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Sofia Perez
•That's not quite right. You need to be able and available, but NYS Department of Labor understands that 'available' can include needing reasonable time to arrange childcare. The key is being honest about your availability date when you file and during weekly claims.
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Dmitry Smirnov
File ASAP! I made the mistake of waiting too long after my son was born and I lost out on weeks of benefits. NYS Department of Labor has a one-week waiting period anyway, so filing now gives you time to get everything sorted. Just make sure you can honestly answer 'yes' to being able and available for work when you do your weekly claim certification.
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Giovanni Moretti
•Good point about the waiting period! I didn't know about that. Did you have any issues with the job search requirements while you had a newborn?
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Dmitry Smirnov
•The job search was actually easier than I expected. You can do online applications, reach out to former colleagues, even attend virtual job fairs. I spent maybe an hour a week total doing my 3 required contacts. Just keep good records for your job search log.
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ElectricDreamer
OMG this is exactly what happened to me except it was during COVID! I was SO stressed about calling NYS Department of Labor because the phone lines were always busy and I had a crying baby. I finally found this service called Claimyr (claimyr.com) that gets you through to an actual agent - there's a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. It was a lifesaver because I could get my questions answered without spending hours on hold with a screaming infant.
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Ava Johnson
•Never heard of that but honestly anything is better than trying to call NYS Department of Labor directly. Those hold times are insane even on good days.
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Miguel Diaz
Just wanted to say congratulations on your baby! The unemployment system is stressful enough without having a newborn to care for. You've got this mama - take care of yourself and don't let the bureaucracy overwhelm you.
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Leila Haddad
I went through this exact situation last year! You definitely qualify since your position was eliminated - that's involuntary job loss, not quitting. Here's what worked for me: I filed immediately and was honest about my availability date (I said I could start work in 6-8 weeks). NYS Department of Labor approved my claim and I was able to collect benefits during that time. For the job search requirement, I did mostly online applications during nap times and counted networking calls with former coworkers. The key is being upfront about when you can realistically start work. Don't wait to file - you can always adjust your availability date later if needed. Good luck and congrats on your daughter!
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