How to apply for unemployment due to pregnancy - NYS Department of Labor eligibility?
I'm 7 months pregnant and my doctor just put me on bedrest due to complications. My employer says they can't hold my position since I can't work right now. Can I apply for unemployment benefits through NYS Department of Labor while on pregnancy-related leave? I'm confused about whether pregnancy counts as being 'able and available' for work since I literally can't work right now. Has anyone been through this situation before? I really need the income but don't want to mess up my claim by applying incorrectly.
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Fatima Al-Mansour
This is a tricky situation with NYS Department of Labor. Generally, you need to be able and available for work to qualify for UI benefits. However, if your employer terminated you due to pregnancy complications rather than you voluntarily leaving, you might still be eligible. You'll need to document that you were laid off/terminated, not that you quit. When you file your weekly claims, you'll need to indicate you're seeking work appropriate for your condition.
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Giovanni Rossi
•Thank you! So I should emphasize that they couldn't accommodate my medical restrictions rather than saying I can't work at all?
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Dylan Evans
I went through something similar last year. The key is how you frame it on your application. I was put on modified duty restrictions and my employer said they had no suitable positions available, so they had to let me go. NYS Department of Labor approved my claim because it was considered a lack of suitable work, not me being unavailable. Make sure you get documentation from your employer about why they couldn't accommodate your restrictions.
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Sofia Gomez
•Did you have any issues with the job search requirements while on bedrest? That's what I'm worried about.
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Dylan Evans
•You still need to do job searches, but they have to be realistic for your condition. I searched for remote work and positions that could accommodate my restrictions. Keep good records of your search efforts.
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StormChaser
OMG this is so frustrating!! The whole system is set up like pregnancy is some kind of choice that should disqualify you from benefits. Like we're supposed to magically not need money just because we're having a baby? I fought with NYS Department of Labor for WEEKS about this and they kept denying my claims until I got help reaching an actual person who could explain the rules properly.
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Dmitry Petrov
•How did you finally get through to someone? I've been trying to call for days and either get disconnected or stuck in endless phone loops.
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StormChaser
•I used this service called Claimyr that helped me get through to an actual NYS Department of Labor agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was honestly a lifesaver because I was getting nowhere on my own.
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Ava Williams
Wait, can you even get unemployment if you're pregnant? I thought that automatically disqualified you since you're not available for full-time work.
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Fatima Al-Mansour
•No, pregnancy alone doesn't disqualify you. It depends on the specific circumstances of why you're not working and whether you can still perform some type of work. The 'able and available' requirement is more nuanced than people think.
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Miguel Castro
You should also look into whether your employer offers short-term disability benefits. Sometimes that's a better option than unemployment for pregnancy-related leave, especially if you plan to return to work after the baby is born. UI benefits might complicate your return to work timeline.
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Giovanni Rossi
•They don't offer STD unfortunately. And I'm not sure if I'll be able to return to the same position after the baby anyway since they're already talking about restructuring my department.
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