Can you get unemployment if your out of work due to surgery - NYS Department of Labor eligibility?
I'm scheduled for knee surgery next month and will be out of work for at least 6-8 weeks during recovery. My employer can't hold my position that long and said they'll have to let me go. Does anyone know if I can file for unemployment benefits with NYS Department of Labor in this situation? I'm confused about the able and available requirement since I'll be recovering but technically looking for work once I'm healed. Has anyone dealt with this before?
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Jean Claude
Unfortunately, being unable to work due to surgery typically makes you ineligible for unemployment benefits. NYS Department of Labor requires you to be able and available for work, which means physically capable of working and actively seeking employment. During your recovery period, you wouldn't meet this requirement. However, you might qualify for temporary disability benefits instead - that's separate from unemployment.
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Chris Elmeda
AuthorSo even though I'm losing my job because of the surgery, I can't get unemployment? That seems really unfair. What's the difference between disability and unemployment benefits?
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Charity Cohan
I went through this exact situation last year with gallbladder surgery. You're right that it feels unfair, but the able and available rule is pretty strict. I had to apply for short-term disability through my employer first, then once I was cleared to work again, I could file for unemployment. The key is timing - you can't collect both at the same time.
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Chris Elmeda
AuthorDid you have any issues when you finally filed for unemployment after recovery? I'm worried they'll deny me for some other reason.
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Charity Cohan
No issues at all. Just make sure you have your doctor's clearance letter saying you're able to return to work. NYS Department of Labor accepted my claim right away once I could prove I was able and available again.
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Josef Tearle
this is so confusing!! i thought unemployment was for anyone who loses their job. why does it matter WHY you lost it?? the system is broken
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Jean Claude
The 'why' matters because unemployment insurance is designed to support people who are ready and able to work but can't find employment. If you're temporarily unable to work due to medical reasons, that's what disability programs are for. Different safety nets for different situations.
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Shelby Bauman
I had a really hard time getting through to NYS Department of Labor when I had questions about this same situation. Spent hours on hold and kept getting disconnected. Finally 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 it so much easier to get clear answers about my specific medical situation and timing.
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Quinn Herbert
How much does something like that cost? I'm already worried about money with the surgery coming up.
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Shelby Bauman
It was worth it for me to get real answers instead of guessing. Way better than trying to call NYS Department of Labor directly and never getting through.
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Salim Nasir
same thing happened to my sister but with back surgery. she was out for 3 months and couldn't get unemployment until she was cleared to work again. definitely look into disability benefits first
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Aiden O'Connor
I'm dealing with a similar situation right now - waiting for hip replacement surgery and my employer already told me they can't guarantee my job will be there when I get back. From what I've learned talking to others, the timing is really important here. You'll want to apply for short-term disability benefits first if your employer offers them, or look into New York State Disability Benefits if you've been paying into that. Once your doctor clears you to return to work, THEN you can file for unemployment if you don't have a job to go back to. The key is having that medical clearance - without it, NYS Department of Labor will consider you unable to work and therefore ineligible. It's frustrating but the system treats medical inability to work differently than involuntary job loss. Make sure to keep all your medical documentation organized for when you're ready to file.
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