Is paid family leave considered unemployment benefits by NYS Department of Labor?
I'm really confused about this and need some clarity. I've been getting paid family leave through my employer for the past 6 weeks to take care of my newborn, but now I might be losing my job due to downsizing. If I file for unemployment benefits with NYS Department of Labor, will they count my paid family leave as employment? I'm worried this might affect my eligibility or weekly benefit amount. Has anyone dealt with this situation before?
10 comments


Noah Ali
Paid family leave and unemployment insurance are completely separate programs administered by different agencies. PFL is handled through the Workers' Compensation Board, while unemployment is NYS Department of Labor. Taking PFL doesn't disqualify you from filing for UI benefits if you become unemployed afterward. Your benefit calculation will be based on your wages from the base period, which typically doesn't include PFL payments.
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Aria Park
•Thank you! That's a huge relief. So when I file my initial claim, I should report that I was on paid family leave but am now unemployed due to layoffs?
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Chloe Boulanger
wait this is confusing me too because doesnt PFL mean you still have a job technically? like your not unemployed if your on leave
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James Martinez
You're mixing up the concepts here. Paid family leave maintains your job protection while you're caring for a family member, but if your employer eliminates your position while you're on leave, you become unemployed. The key is that you need to be able and available for work to collect unemployment benefits. Once your family leave situation ends and you're ready to return to work but have no job to return to, that's when you'd be eligible for NYS Department of Labor benefits.
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Olivia Harris
•This happened to my sister last year! She was on maternity leave and got laid off. NYS Department of Labor told her she had to wait until she was ready to return to work before filing. You can't collect both PFL and unemployment at the same time.
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Alexander Zeus
I had such a hard time getting through to NYS Department of Labor when I was in a similar situation. Spent hours on hold just to get basic information about how PFL affects unemployment eligibility. Someone on here mentioned claimyr.com and I tried their service to get connected to an actual agent. Worked way better than calling myself - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Finally got my questions answered about the transition from leave to unemployment.
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Aria Park
•I might need to try that if I can't get through. The phone system is impossible right now.
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Alicia Stern
Just make sure you report all your circumstances accurately when you file. NYS Department of Labor will want to know about your employment status, when your leave ended, and when you became available for work. Don't try to file while you're still on active PFL - wait until you're genuinely able and available to accept employment.
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Hugh Intensity
I went through something very similar when I had my daughter two years ago. The key thing to understand is timing - you absolutely cannot collect unemployment benefits while you're still receiving paid family leave payments, even if you know your job is being eliminated. NYS Department of Labor considers you "not available for work" while on PFL. You have to wait until your family leave period officially ends and you're ready to return to work before filing your UI claim. When you do file, make sure to clearly explain the sequence of events - that you were employed, went on PFL, then became unemployed due to layoffs after your leave period. The department will verify your base period wages separately from any PFL payments you received.
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Jordan Walker
•This is really helpful, thank you! So just to be clear - if my PFL ends next week and I'm officially laid off, I should wait until after my leave period ends to file the unemployment claim, right? I don't want to mess this up and get denied benefits because of timing issues.
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