If I don't qualify for FMLA can I get NYS Department of Labor unemployment benefits?
My employer denied my FMLA request because I haven't been there long enough (only 8 months). Now they're saying if I take time off for my medical situation they'll consider it job abandonment. I need about 6 weeks off for surgery and recovery. If I end up losing my job because I can't get FMLA protection, would I be able to collect unemployment from NYS Department of Labor? I'm really stressed about this whole situation and don't know what my options are.
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Oliver Becker
This is tricky because voluntary quit vs termination makes a huge difference for UI eligibility. If you take the time off and they fire you for 'job abandonment,' NYS Department of Labor might still consider it a voluntary quit on your part. However, if you have medical documentation showing you HAD to take time off, that could be considered 'good cause' for leaving. You'd need to be prepared to appeal if they initially deny your claim.
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Amina Bah
•So I should definitely keep all my medical records and doctor's notes? What exactly counts as 'good cause' in NY?
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CosmicCowboy
i went through something similar last year, employer wouldn't give me time off for my back surgery and when i took it anyway they fired me for attendance. initially got denied for UI but won on appeal when i showed them all my medical documentation
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Amina Bah
•How long did the appeal process take? I'm worried about having no income for months while this gets sorted out.
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CosmicCowboy
•took about 2 months total but once they approved it i got all the back pay from when i first filed
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Natasha Orlova
You might want to try getting through to NYS Department of Labor to discuss your specific situation before you actually leave. The problem is their phones are always busy and you get disconnected constantly. I found this service called Claimyr (claimyr.com) that actually got me through to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out so you can get official guidance before making any decisions.
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Javier Cruz
•Never heard of that before but honestly anything that gets you past those busy signals sounds worth trying
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Emma Thompson
Wait, are you sure you don't qualify for FMLA? You need 12 months of employment AND 1,250 hours worked in the past 12 months. Even if you don't meet the time requirement, you might have other protections under state disability laws or ADA accommodations. Don't just assume unemployment is your only option!
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Amina Bah
•I definitely don't meet the 12 month requirement, only been there 8 months. What are these other protections you mentioned?
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Malik Jackson
honestly the whole system is messed up, you work your butt off and when you actually need help there's always some technicality why you don't qualify for anything. employers know exactly how to screw you over while staying within the law
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Isabella Costa
Document EVERYTHING - every conversation with your employer, all medical records, any emails about your request for time off. If this goes to an unemployment hearing you'll need proof that you had no choice but to take the time off for medical reasons. The burden of proof is on you to show it wasn't a voluntary quit.
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Amina Bah
•Should I send them a formal written request for accommodation even though they already denied FMLA? Just to have it on record?
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Isabella Costa
•Absolutely yes. Send it via email so you have proof of delivery and their response. Ask specifically for reasonable accommodation under ADA if applicable.
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