Can you get unemployment and paid family leave at the same time in NYS?
I'm really confused about this and need some clarity. My mom was recently diagnosed with cancer and needs someone to help with her treatments and daily care. I'm thinking about taking paid family leave through my employer to be with her, but I'm also worried about my job security since our company has been laying people off. If I end up losing my job while I'm on paid family leave, would I be able to collect unemployment benefits at the same time? Or do I have to choose one or the other? I've been searching the NYS Department of Labor website but can't find a clear answer about whether these two benefits can overlap.
9 comments


Faith Kingston
You generally cannot collect both unemployment and paid family leave simultaneously. Unemployment requires you to be able and available for work, while paid family leave specifically covers time when you're caring for a family member and not working. If you're on PFL and your job is terminated, you'd need to end your family leave claim before filing for unemployment benefits.
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Lincoln Ramiro
•That makes sense but what if the family leave situation is ongoing? Like if my mom still needs care but I lost my job?
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Emma Johnson
wait i thought you could get both?? my friend said she was getting unemployment and some kind of family thing at the same time but maybe im thinking of something else
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Liam Brown
The previous poster is correct - these are mutually exclusive benefits under NYS law. However, you do have some options depending on timing. If your family leave ends and you're still unemployed, you can transition to unemployment benefits. You'll need to file a new claim with NYS Department of Labor and meet all the usual requirements like conducting job searches. The key thing is you can't be actively on PFL and collecting UI at the same time.
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Olivia Garcia
•This is exactly what happened to me last year. I had to make a choice between caring for my dad and keeping my unemployment going. It's really hard when you're dealing with both situations.
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Noah Lee
If you're having trouble reaching someone at NYS Department of Labor to get official clarification on your specific situation, you might want to check out claimyr.com. They help people get through to actual agents at the unemployment office. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used them when I had questions about transitioning between different benefit types and finally got through to someone who could explain my options clearly.
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Lincoln Ramiro
•Thanks for the suggestion! I've been trying to call for days and keep getting busy signals.
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Ava Hernandez
Just want to add that timing is really important here. If you know layoffs are coming at your company, you might want to talk to HR about the sequence of events. Sometimes it's better to wait and see if you get laid off first, then you could potentially use unemployment while also having FMLA job protection for intermittent family care. But definitely get proper advice for your specific situation.
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Cynthia Love
I went through something similar when my father was going through chemotherapy. The timing coordination is crucial - you really need to think strategically about when to use each benefit. In my case, I used intermittent FMLA first (unpaid leave for medical appointments) while still working, then when our company downsized and I was laid off, I was able to file for unemployment. The key is that you can't be actively receiving PFL payments and UI payments simultaneously. If your mom's care needs are ongoing, you might also want to look into whether your employer offers any flexible work arrangements that could help you manage both situations without having to choose between benefits.
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