Does unpaid maternity leave qualify for unemployment benefits in New York?
I'm currently on unpaid FMLA maternity leave and my employer told me I can't return until mid-February. My leave started in December and I'm not getting any pay during this time. Someone mentioned I might be able to file for unemployment benefits while on unpaid leave but I'm not sure if that's true. Has anyone successfully claimed UI benefits while on maternity leave? I really need the income during this time but don't want to file incorrectly and cause problems.
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Angelina Farar
Unfortunately, you generally cannot collect unemployment benefits while on approved leave, even if it's unpaid. The key issue is that you're not considered 'able and available' for work, which is a requirement for UI benefits. When you're on maternity leave, you're specifically unable to work due to your medical condition and care responsibilities.
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Jessica Nolan
•That's disappointing but makes sense. I was hoping there might be an exception for medical leave situations.
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Sebastián Stevens
wait i thought you could get benefits if your on unpaid leave?? my friend said she got unemployment when her company made her take unpaid time off
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Bethany Groves
•There's a difference between being forced to take unpaid leave by your employer (like a layoff or furlough) versus taking approved family/medical leave. If your employer forces unpaid leave, that could qualify you for benefits. But if you're on approved FMLA leave, you're not available for work.
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KingKongZilla
You might want to look into New York's Paid Family Leave program instead of unemployment. It's specifically designed for situations like bonding with a new child. The benefits aren't as much as unemployment but it's the appropriate program for your situation. You can apply through your employer or directly if they don't participate.
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Jessica Nolan
•I already used up my PFL benefits earlier in my leave. I was hoping unemployment could bridge the gap until I go back to work.
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KingKongZilla
•Ah, that's tough. Since you've exhausted PFL, you're really in a gap where no benefits apply until you're ready to return to work.
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Rebecca Johnston
The NYS Department of Labor is super strict about the 'able and available' requirement. I tried calling them about a similar situation and couldn't get through for weeks. If you need to speak with someone at NYS Department of Labor about your specific circumstances, I found this service called Claimyr that helped me get through to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting disconnected.
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Nathan Dell
•Interesting, never heard of that. Might be worth trying if she has specific questions about her situation.
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Maya Jackson
the whole system is ridiculous. you pay into unemployment your whole career but when you actually need help during maternity leave they say no. meanwhile men can collect benefits if they get laid off but new mothers get nothing. makes no sense!
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Angelina Farar
•I understand the frustration, but unemployment insurance is specifically for people who lose their jobs involuntarily and are actively seeking new work. That's why there are separate programs like PFL for family situations.
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