Can you get unemployment for being pregnant in NY - NYS Department of Labor rules?
I'm 7 months pregnant and my doctor just put me on modified bed rest which means I can't do my warehouse job anymore. My supervisor said they can't accommodate the restrictions so I might have to leave work soon. Does anyone know if you can collect unemployment benefits while pregnant in New York? I keep reading conflicting info online about whether NYS Department of Labor considers pregnancy a valid reason for unemployment. I really need the income since we're having our first baby in 2 months and my partner's job barely covers our rent.
14 comments


Micah Franklin
Being pregnant alone doesn't automatically qualify you for unemployment benefits through NYS Department of Labor. However, if your employer can't provide reasonable accommodations for your medical restrictions and you have to leave work because of that, you might have a case. The key is that you need to be able and available for work - pregnancy complications that prevent you from working could affect your eligibility. You should definitely file a claim and explain your specific situation during the adjudication process.
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Ruby Blake
•So even if my doctor says I can't lift more than 10 pounds and my job requires lifting 50+ pound boxes, that might still not qualify me? This is so confusing.
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Ella Harper
i think you can get it if the job cant accommodate you but im not totally sure about the pregnancy thing specifically
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PrinceJoe
You need to document everything with your employer first. Request accommodations in writing, get your doctor's restrictions in writing, and save any responses from HR or your supervisor. If they refuse reasonable accommodations, that strengthens your case for unemployment. NYS Department of Labor will want to see that you tried to keep working but couldn't due to circumstances beyond your control. Also look into NY Paid Family Leave - that might be more appropriate for your situation than regular unemployment.
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Brooklyn Knight
•This is exactly what happened to me last year! My employer wouldn't let me sit during my shift even though my doctor said I needed to. I got denied for unemployment at first but won on appeal because I had all the documentation showing they refused accommodations.
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Owen Devar
The NYS Department of Labor system is SO frustrating when it comes to pregnancy issues. They act like being pregnant is a choice that disqualifies you from benefits even when you literally CAN'T do your job anymore because of medical restrictions. It's completely backwards - you pay into the system and then when you need help they find every excuse to deny you.
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Daniel Rivera
•I totally get the frustration but pregnancy discrimination is illegal. If you have legitimate work restrictions and your employer won't accommodate them, that's on the employer not the unemployment system.
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Sophie Footman
I had such a hard time getting through to NYS Department of Labor when I was dealing with a similar situation. Kept getting hung up on after waiting an hour. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out since pregnancy-related claims can be complicated and you really need to talk to someone who understands the specific rules.
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Ruby Blake
•Thanks for the tip! I've been trying to call for days with no luck. Did they help you figure out if your pregnancy situation qualified?
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Sophie Footman
•Yeah the agent walked me through exactly what documentation I needed and explained how the able and available requirement works with medical restrictions. Made the whole process way less stressful.
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Brooklyn Knight
Just want to add that even if you qualify for unemployment, you'll still need to do the weekly job search requirements unless you get an exemption. With pregnancy restrictions that limit what jobs you can take, this might be tricky. Make sure you understand all the requirements before filing your claim.
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Mei Lin
Ruby, I went through something similar when I was pregnant with my second child. The key thing to understand is that NYS unemployment law requires you to be "able and available" for work, but medical restrictions don't automatically disqualify you if there are jobs you CAN still do with those restrictions. Since your doctor put you on modified bed rest with a 10-pound lifting restriction, you'd need to show that you're still able to perform other types of work that don't involve heavy lifting - like office work, customer service, etc. Document everything with your employer about the accommodation request, and when you file your claim, emphasize that you're willing and able to work within your medical restrictions. The NYS Department of Labor will evaluate whether there are suitable jobs available for someone with your limitations. Also definitely look into Paid Family Leave as PrinceJoe mentioned - that might be a better fit for your situation.
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Genevieve Cavalier
I'm dealing with something similar right now - 6 months pregnant and my retail job involves a lot of standing and lifting that I can't do anymore per my doctor's orders. What I learned from talking to a lawyer is that you might want to first request accommodations through the Americans with Disabilities Act (ADA) - pregnancy-related medical conditions can qualify for temporary accommodations. If your employer refuses reasonable accommodations (like reassigning you to lighter duties), then you have a stronger case for unemployment benefits. The NYS Department of Labor will look at whether your employer made good faith efforts to keep you employed within your restrictions. Also check if your employer offers short-term disability - that might bridge the gap until your baby is born and you can apply for Paid Family Leave. Don't give up without exploring all your options first!
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Oliver Fischer
•This is really helpful information! I didn't know pregnancy could qualify for ADA accommodations. My employer hasn't even responded to my request for lighter duties yet - they just said they'd "look into it" when I gave them my doctor's note last week. Should I give them a specific deadline to respond, or just wait it out? I'm worried about running out of time since I'm already 7 months along and need to figure out my options before the baby comes.
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