< Back to New York Unemployment

Natasha Petrov

Can you get unemployment while on maternity leave in New York - need advice

I'm expecting my first baby in March and trying to figure out what benefits I might be eligible for. My employer doesn't offer paid maternity leave and I'm wondering if I can file for unemployment benefits while I'm out on maternity leave? I work full-time at a retail store and have been there for almost 2 years. I know there's disability benefits but I'm confused about whether unemployment is also an option. Has anyone been through this situation with NYS Department of Labor? What should I expect when I apply?

Unfortunately, you typically can't receive regular unemployment benefits while on maternity leave because you need to be able and available for work to qualify for UI benefits. However, New York has Paid Family Leave (PFL) which might be what you're looking for. You may also be eligible for short-term disability benefits for the actual recovery period after birth. The NYS Department of Labor website has detailed information about PFL eligibility and how to apply.

0 coins

Thank you! I didn't know about PFL. Do I apply for that through the same system as unemployment or is it different?

0 coins

Yeah the able and available requirement is the key thing here. When you file for unemployment you have to certify each week that you're actively looking for work and ready to accept a job if offered. Obviously if you're on maternity leave you can't do that. PFL is definitely the way to go - it's specifically designed for bonding time with a new baby.

0 coins

This is so confusing though! Why do they make it so complicated to figure out what you can apply for?

0 coins

I went through this last year and it was honestly a nightmare trying to reach anyone at NYS Department of Labor to get clear answers. The phone lines are always busy and when I finally got through they transferred me three times. If you need to speak with someone directly about your specific situation, I'd recommend checking out claimyr.com - they help you get through to actual NYS Department of Labor agents. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It saved me hours of calling and getting hung up on.

0 coins

That sounds really helpful! I was dreading having to call them because I heard the wait times are terrible.

0 coins

just want to say congrats on the baby!! i remember being so stressed about money when i was pregnant with my first. definitely look into the PFL like others said. also check if your job qualifies for FMLA protection so they have to hold your position.

0 coins

The whole system is ridiculous if you ask me. You pay into unemployment insurance but then when you actually need time off for something important like having a baby they tell you you're not eligible because you're not 'available for work.' Meanwhile they created this whole separate program with different rules and probably different application processes. Why can't they just make it simple?

0 coins

I understand the frustration, but the programs do serve different purposes. UI is meant for people who lose their jobs involuntarily, while PFL is specifically for family caregiving situations. The requirements are different because the situations are different.

0 coins

I just went through this process myself earlier this year! @Connor O'Brien is absolutely right - you won't qualify for regular unemployment while on maternity leave, but New York's Paid Family Leave is what you want to look into. You can get up to 12 weeks of PFL at 67% of your average weekly wage (up to a cap). The application is through your employer or their insurance carrier, not through the unemployment system. Also, for the actual birth/recovery period, you may qualify for short-term disability benefits which is separate from both UI and PFL. I'd recommend calling your HR department first to ask about both PFL and disability benefits - they should be able to walk you through the process since they handle the paperwork on their end.

0 coins

New York Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
21,732 users helped today