Can you get unemployment for medical leave - NYS Department of Labor eligibility question
Hi everyone, I'm really confused about something and hoping someone can help. I had to take extended medical leave from my job for a surgery and recovery period that lasted about 4 months. My employer held my position but I wasn't getting paid during this time. Now I'm wondering if I could have filed for unemployment benefits during that medical leave period? I keep reading conflicting information online about whether medical leave qualifies you for UI benefits through NYS Department of Labor. Has anyone been in a similar situation? I'm trying to figure out if I missed out on benefits I was entitled to.
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QuantumQueen
Unfortunately, you generally can't collect unemployment benefits while on medical leave because you have to be able and available for work to qualify for UI. The NYS Department of Labor requires that you're actively seeking employment and physically capable of working. During medical leave, you're typically not available for work, which disqualifies you from unemployment benefits. However, you might have been eligible for disability benefits instead through New York State Disability Insurance if your employer participates in that program.
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Mateo Martinez
•Oh wow, I had no idea about the disability insurance option. My employer never mentioned anything about that when I went on leave. Is it too late to apply for those benefits now?
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Aisha Rahman
The key thing with NYS Department of Labor unemployment is the 'able and available' requirement. If you're on medical leave, you're essentially telling them you CAN'T work, which contradicts the basic eligibility criteria for UI benefits. I learned this the hard way when I tried to file after my knee surgery. You need to be ready to accept suitable work immediately if offered, and being on medical leave means you're not ready for that.
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Ethan Wilson
•This is exactly right. I made the same mistake and got denied immediately when they found out I was on medical leave.
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Yuki Sato
Wait, but what if you're cleared to return to work but your employer won't let you come back right away? I had a friend who was medically cleared but her job said they needed more time to arrange accommodations. Would that change things for unemployment eligibility?
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QuantumQueen
•That's actually a different situation. If you're medically cleared and able to work but your employer is delaying your return, you might be eligible for unemployment benefits during that waiting period. You'd need to document that you're ready and able to work and that the delay is on the employer's end, not due to your medical condition.
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Carmen Flores
I went through something similar last year and it was such a nightmare trying to get straight answers from NYS Department of Labor about this stuff. I kept getting different information every time I called their customer service line. The phone system is impossible to navigate and when you finally get through, you're on hold forever just to be told to check their website which doesn't have clear answers either.
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Yuki Sato
•I actually found a service called Claimyr that helped me get through to an actual NYS Department of Labor agent when I was having issues with my claim. You can check them out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was way easier than trying to call on my own and sitting on hold for hours.
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Carmen Flores
•Interesting, I've never heard of that but anything has to be better than the current system. Thanks for the tip!
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Andre Dubois
just to add my experience - i was on medical leave for 6 weeks and definitely couldn't get unemployment. but like others said, short term disability through work covered part of my salary during that time. check with your HR department about what benefits you might have had available
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