Can you get unemployment if you are sick - NYS Department of Labor eligibility question
I've been dealing with a chronic illness that's making it really hard to work consistently. My doctor says I might need to take extended time off, but I'm not sure if that would make me eligible for unemployment benefits through NYS Department of Labor. I know you have to be able and available for work, but what if you're sick? Has anyone been in this situation before? I'm worried about losing my income but I genuinely can't perform my job duties right now.
11 comments


Khalid Howes
This is tricky because unemployment requires you to be able and available for work. If you're too sick to work, you might not qualify for regular UI benefits. However, if you lose your job due to illness (like getting fired for attendance), you could potentially appeal a disqualification. You should also look into disability benefits through the state - that might be more appropriate for your situation.
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Rita Jacobs
•I hadn't thought about disability benefits. Would I apply for those through NYS Department of Labor too or is that a different agency?
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Ben Cooper
been there!! i got unemployment when i had to quit because of a medical condition but it took forever to get approved. had to go through adjudication and everything. they wanted all kinds of medical documentation
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Rita Jacobs
•How long did the adjudication process take? I'm already stressed about money and can't handle a long wait.
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Naila Gordon
The key issue is proving you're able and available for work. If your illness prevents you from working any job, unemployment isn't the right program. But if you can work with accommodations or in a different role, you might qualify. NYS Department of Labor will evaluate your specific situation during adjudication. Make sure you have medical documentation that clearly explains your limitations and what types of work you can still perform.
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Cynthia Love
•This is exactly what happened to my sister. She had to get multiple doctor letters explaining that she could work desk jobs but not physical labor. Took 6 weeks but she finally got approved.
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Darren Brooks
If you're having trouble reaching NYS Department of Labor to discuss your specific situation, I used 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 that shows how it works. Was super helpful when I was stuck in adjudication hell and couldn't get anyone on the phone to explain my claim status.
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Rita Jacobs
•Thanks for this! I've been trying to call for days and just get busy signals or hung up on.
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Rosie Harper
The unemployment system is so frustrating when you're dealing with health issues on top of everything else. They make it seem like you have to be 100% healthy to qualify for anything. Hope you figure out a solution that works for your situation.
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Brooklyn Knight
I'm going through something similar right now. From what I've learned, you might want to look into Family and Medical Leave Act (FMLA) first if your employer offers it - that could protect your job while you're dealing with your health issues. For unemployment, the "able and available" requirement is really strict, but there are some exceptions. If you can do certain types of work with accommodations, document that with your doctor. Also, New York has Temporary Disability Insurance (TDI) through the state that might be more appropriate than unemployment if you're unable to work due to illness. You can apply for TDI through the Workers' Compensation Board, not the Department of Labor. It's worth exploring all your options before deciding which route to take.
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Avery Flores
•This is really comprehensive advice, thank you! I didn't even know about TDI - that sounds like it might be exactly what I need since I'm genuinely unable to work due to my condition right now. Do you know if there's a waiting period for TDI benefits or if they pay a percentage of your salary like unemployment does? I'm trying to figure out which option would help me financially while I'm recovering.
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