Can you get unemployment while on FMLA leave in New York?

Unfortunately, you typically cannot collect unemployment benefits while on FMLA leave. The NYS Department of Labor requires that you be able and available for work to receive UI benefits. Since FMLA leave means you're unavailable for work due to medical reasons, you wouldn't meet the eligibility requirements. However, you might be eligible for short-term disability benefits through your employer or the state.

wait i thought you could get unemployment if your not getting paid? this doesnt make sense to me

I went through something similar last year when my mom was sick. I tried calling the NYS Department of Labor but could never get through to anyone to get a clear answer. The automated system just kept telling me the same basic eligibility requirements. It was so frustrating trying to figure out what applied to my specific situation. If you need to talk to someone at NYS Department of Labor about your case, I ended up using this service called Claimyr (claimyr.com) that actually got me through to a real person. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you want to get official clarification about your specific FMLA situation.

The whole system is ridiculous honestly. You're not working, you're not getting paid, but somehow you can't get unemployment because you're 'protected'? Like what good is job protection if you can't afford to live while you're using it? There should be some kind of bridge program for people on FMLA.

To clarify further - the key issue is that unemployment benefits are specifically for people who have lost their job involuntarily and are actively seeking new employment. When you're on FMLA, you still have a job to return to and you're not available to accept new work. Look into whether your employer offers any kind of paid family leave benefits, or check if you qualify for disability benefits instead.

I had a similar situation a few months ago when I had to take FMLA for my husband's cancer treatment. What I found out is that while you can't get regular unemployment, you might be able to get New York State Disability Benefits if your FMLA is for your own health condition (not a family member's). If it's for family care like yours, that unfortunately doesn't qualify for disability either. One thing that helped me was reaching out to local social services to see what other assistance programs might be available - things like SNAP, emergency rent assistance, or utility help. It's not ideal but it can help bridge the gap during those 8 weeks. Also check if your employer has an employee assistance program that might offer emergency financial help.

I'm going through something similar right now - taking care of my dad after his surgery. What I've learned is that New York does have a Paid Family Leave program that's separate from FMLA, but you have to have been paying into it through payroll deductions. If you've been working in NY and seeing "PFL" deductions on your paystub, you might be eligible for partial wage replacement (about 67% of your average weekly wage). It's not unemployment, but it's specifically designed for situations like yours where you need to care for a family member. You can apply through the NY Paid Family Leave website or contact your employer's insurance carrier. Worth looking into if you haven't already!