Can you get unemployment while on short term disability - NYS Department of Labor rules?

This is actually a tricky situation that comes up more than you'd think. Generally, to receive unemployment benefits in New York, you need to be able and available for work. While you're on short term disability, you're technically declaring that you're unable to work due to your medical condition. The NYS Department of Labor typically won't approve UI benefits if you're simultaneously claiming disability benefits because it creates a conflict - you can't be both unable to work and available for work at the same time.

Wait until your doctor clears you to return to work, then immediately file for unemployment. You'll need the medical clearance documentation when you apply. Make sure you don't overlap the benefits even by a day or you could face an overpayment situation with NYS Department of Labor. I learned this the hard way when I tried to file while still getting worker's comp.

I was in almost the exact same situation last year! Had to wait until my STD ended completely before I could file. The good news is that once you're medically cleared, your unemployment claim should be straightforward since you have legitimate separation from work due to layoff. Just document everything - the layoff notice, medical clearance, end date of disability benefits.

ugh this whole system is so confusing!! why cant you just get help when you need it instead of jumping through all these hoops?? im dealing with something similar and the NYS Department of Labor phone lines are impossible to get through to ask questions

Just wanted to add that timing is everything here. Don't let any gap happen between when your disability ends and when you file for unemployment. The sooner you file after being medically cleared, the better for your claim processing.