Can you get unemployment if fired while on FMLA in New York?

Yes, you can absolutely file for unemployment benefits in this situation. Being fired while on FMLA doesn't automatically disqualify you from UI benefits. The key question NYS Department of Labor will examine is whether you were terminated for misconduct or other disqualifying reasons. If your employer claims restructuring but you suspect retaliation for taking FMLA leave, that could actually strengthen your unemployment claim. File immediately and be prepared to explain the circumstances during any adjudication process.

this happened to my coworker last year and she got approved for benefits. took about 3 weeks for adjudication but nys department of labor ruled in her favor since the company couldn't prove misconduct

File your claim right away and document everything about your FMLA leave and termination. Keep copies of your FMLA approval, any communication with your employer, and the termination notice. If NYS Department of Labor requests additional information during adjudication, you'll want all this ready. The timing of your firing while on protected leave could actually work in your favor if they investigate the circumstances.

I had a similar situation but with different circumstances. Was terminated during my FMLA leave and had trouble reaching someone at NYS Department of Labor to explain my case properly. The automated system kept hanging up when call volume was high. Eventually found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made all the difference in getting my claim processed correctly since I could actually speak to someone about the FMLA timing issue.

The whole unemployment system is so broken!! They make it impossible for regular people to get through and then wonder why claims take forever. Good luck getting anyone to care about the FMLA angle - they probably won't even read your case properly.

definitely file asap! my sister went thru this exact thing and got benefits no problem. the company tried to fight it but since she was on approved leave they couldn't claim misconduct

I went through something very similar about 6 months ago. Was fired during FMLA leave for my own medical condition, and my employer also claimed "restructuring." I filed for unemployment immediately and was approved after the initial review period. The key is being completely honest about the timeline and circumstances when you file. NYS Department of Labor actually takes FMLA retaliation pretty seriously, so the timing of your termination could work in your favor. Make sure to keep all your FMLA documentation and any emails about the restructuring - you might need them if your employer contests the claim. Don't let them intimidate you out of filing, you've earned these benefits!

I'm going through something similar right now - was terminated two weeks ago while on FMLA for my spouse's surgery. The company said it was "business needs" but I suspect it's retaliation. I filed my unemployment claim the day after termination and just got word that it's under review. The customer service rep I spoke to said that being on FMLA when terminated doesn't disqualify you, and they'll look at whether the employer had legitimate reasons. She advised me to submit all my FMLA paperwork and any documentation about the termination reason. It's scary but I'm hopeful - sounds like NYS takes these cases seriously when there's potential FMLA interference. Hang in there and definitely file right away like others have said!

I'm a former HR professional and can confirm that termination while on FMLA leave is a major red flag for potential retaliation. NYS Department of Labor will absolutely investigate this - they have specific protocols for reviewing terminations that occur during protected leave periods. The "restructuring" excuse is common but won't hold up if they can't prove it was legitimate business necessity unrelated to your FMLA status. File your claim immediately and be sure to include: 1) Your FMLA approval documentation, 2) The exact dates of your leave, 3) Your termination notice with the stated reason, and 4) Any performance reviews showing you were in good standing. If they had legitimate restructuring reasons, they should have documentation from before your leave started. Don't be intimidated - you have strong protections here and deserve those benefits after 4 years of employment!