Can you get unemployment after maternity leave ends in New York?
I took 12 weeks of unpaid FMLA leave after having my baby in October. My employer told me my position was eliminated due to 'restructuring' when I was ready to return in January. I'm wondering if I can file for NYS Department of Labor unemployment benefits since technically I was on leave, not working, when they let me go? I'm confused about how this works since I wasn't actively employed when the termination happened. Has anyone dealt with this situation before?
14 comments
Join the conversation
Michael Adams
Yes, you can absolutely file for unemployment benefits in this situation! The key is that you had a job to return to after your FMLA leave, and your employer eliminated your position. This counts as an involuntary separation from employment. When you file your initial claim with NYS Department of Labor, make sure to explain that you were on approved FMLA leave and your position was eliminated while you were on leave. You'll need documentation of your FMLA approval and the termination notice.
0 coins
Chloe Mitchell
•Thank you! I have all the FMLA paperwork and the email about my position being eliminated. Should I mention the maternity leave specifically or just say it was medical leave?
0 coins
Natalie Wang
same thing happened to my sister last year, they approved her claim right away once she showed the fmla docs
0 coins
Noah Torres
Make sure you're ready to start working immediately when you file. NYS Department of Labor will ask if you're able and available for work. If you still need childcare arrangements or have any restrictions from your doctor, that could complicate your claim. Also, your benefit amount will be based on wages from before your leave, so gather your pay stubs from your qualifying period.
0 coins
Chloe Mitchell
•Good point about being ready to work. I do have childcare lined up already. How far back do they look at wages for the benefit calculation?
0 coins
Noah Torres
•They look at your highest paid quarter in your base period, which is typically the first 4 of the last 5 completed quarters before you file. Since you're filing in January 2025, they'll probably look at wages from early 2024.
0 coins
Samantha Hall
Wait, I'm confused about this. If you weren't working during maternity leave, how can you get unemployment? Don't you have to lose a job you were actually working at?
0 coins
Michael Adams
•FMLA leave maintains your employment relationship even though you're not actively working. When the employer eliminates your position during protected leave, it's still considered an involuntary job loss. The NYS Department of Labor recognizes this as a valid reason for unemployment benefits.
0 coins
Ryan Young
I've been trying to get through to NYS Department of Labor for weeks about my own claim issues. Their phone lines are impossible! If you need to speak with someone directly about your specific situation, I recently found this service called Claimyr (claimyr.com) that actually gets you connected to real NYS Department of Labor agents. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of calling and getting busy signals.
0 coins
Chloe Mitchell
•Thanks for the tip! I might need that if my claim gets complicated. Did it help you resolve your issue?
0 coins
Ryan Young
•Yes, I was able to speak with an actual person within 30 minutes instead of calling for days. They cleared up my adjudication issue pretty quickly once I could explain the situation.
0 coins
Sophia Clark
just file online and see what happens, they'll figure it out
0 coins
Katherine Harris
This whole system is so frustrating! Companies think they can just eliminate positions when people are on maternity leave and get away with it. At least unemployment is available but the process is still a nightmare to navigate.
0 coins
Chloe Mitchell
•Yeah, the timing definitely feels suspicious to me too. But I need to focus on getting benefits approved first, then maybe look into whether this was legal.
0 coins