NY unemployment during COVID 5-day quarantine with unpaid waiting week - can I claim benefits?
I tested positive for COVID yesterday and my employer requires a 5-day quarantine period (unpaid). The problem is that NY unemployment has this mandatory unpaid 'waiting week' before benefits kick in. Since I'll only be out for 5 days, does this mean I can't get any unemployment benefits at all for my quarantine? My employer doesn't offer any paid sick leave for my position, and I really can't afford to lose a week's pay right now. Has anyone dealt with this situation? Does the waiting week apply to short-term COVID absences?
17 comments
Emily Jackson
Unfortunately, yes - the waiting week would essentially make you ineligible for regular unemployment benefits for such a short absence. The waiting week is the first week of your claim where you meet all eligibility requirements but don't receive payment. Since your quarantine is only 5 days, by the time your waiting period ends, you'd be back at work. However, check if your employer offers NY Paid Sick Leave - many employers in NY are required to provide this. Also, you might qualify for NY COVID-19 Sick Leave if your employer has more than 100 employees. This is separate from unemployment and specifically designed for COVID situations.
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Andre Laurent
•Thanks for explaining. My employer is small (under 50 people) and told me they don't have to provide COVID sick leave anymore. It just seems unfair that I'm following public health guidelines and have to lose a week's pay because of it. Is there any other program I could apply for?
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Liam Mendez
This happened to me in January! The waiting week is such BS when you're only out for a short time. I ended up just taking the loss because by the time I figured out all the paperwork, I was already back at work. The whole system is designed to make it hard to get benefits.
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Sophia Nguyen
•EXACTLY!! The system is rigged against workers! I had COVID twice last year and both times couldn't get ANY benefits because of stupid waiting periods and paperwork. They know exactly what they're doing - making it so complicated that people give up. And employers get away with not having to pay sick leave.
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Jacob Smithson
Have you asked your doctor about NYS Temporary Disability Insurance (TDI)? It's different from unemployment but might cover you for the 5 days. The waiting period is 7 days, but I think COVID might have special rules. You need to get documentation from your doctor though.
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Andre Laurent
•I didn't even think about disability insurance. I'll call my doctor tomorrow and ask about this. Does anyone know if there's a specific form they need to fill out for COVID-related disability claims?
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Isabella Brown
u should check with ur HR if they hve any short term disability or somethin. my company has a thing where if u miss work cuz ur sick they pay like 60% of ur normal pay. not great but better than nothing lol
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Andre Laurent
•We don't really have an HR department - it's a small business. The owner just told me they don't offer paid sick leave and I should try to apply for unemployment, but now I'm realizing that won't help either.
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Maya Patel
I work for an organization that helps people navigate benefits, and unfortunately there's a gap in protection for short-term COVID absences in 2025. Here are your options: 1. NYS Paid Family Leave doesn't cover your own illness, only caring for family members 2. NYS Disability has a 7-day waiting period, so you wouldn't qualify 3. Unemployment has the waiting week issue you mentioned Your best bet is to check if your employer falls under the NY State Paid Sick Leave Law, which requires even small employers to provide some sick time (though it may be unpaid for very small employers). If you need to speak directly with someone at the DOL to get a definitive answer about any possible exceptions, try Claimyr (claimyr.com). They can get you connected to an agent without the endless hold times. They have a video showing how it works: https://youtu.be/Rdqa1gKtxuE
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Andre Laurent
•Thank you for laying out all the options so clearly. It's frustrating that there's this gap for short-term absences. I'll look into the NY State Paid Sick Leave Law, though I'm pretty sure my employer told me they're exempt somehow. I might try that Claimyr service - the few times I've tried calling unemployment directly I gave up after being on hold forever.
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Aiden Rodríguez
When I had COVID last month I just took PTO for the 5 days. If you don't have PTO can you maybe work remotely instead of taking unpaid leave? A lot of companies are allowing that now.
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Andre Laurent
•I work in food service, so working remotely isn't an option unfortunately. And we don't get PTO - just unpaid time off. That's why I was hoping unemployment might help.
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Sophia Nguyen
This is RIDICULOUS that in 2025 we're still having this issue!!! Three years after the pandemic and workers are STILL forced to choose between going to work sick or losing pay. I bet your boss would be singing a different tune if you showed up coughing all over the workplace!! The waiting week is deliberate to prevent people from getting benefits they deserve!!!!
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Liam Mendez
•I know right? And then they wonder why COVID keeps spreading. Like we all WANT to stay home when sick but we can't afford to miss even one day of pay. The whole system is broken.
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Emily Jackson
After reading through this thread, I want to clarify something important: If your employer has between 5-99 employees, they are required to provide up to 5 days of paid sick leave per year under NY State Sick Leave Law. If they have fewer than 5 employees but a net income of more than $1 million, the same rule applies. Even employers with fewer than 5 employees and less than $1 million in net income must provide up to 5 days of unpaid sick leave. If your employer is violating this law, you can file a complaint with the NY Department of Labor. The fact that it's COVID-related doesn't matter anymore for special benefits, but your basic sick leave rights still apply.
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Andre Laurent
•Thank you! I just looked this up and you're right - my employer should be providing sick leave. We have about 25 employees. I'm going to bring this up with my boss and show them the law. Really appreciate everyone's help figuring this out!
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Isabella Brown
glad u figured it out! my friend had to call the labor dept about something similar last year and they actually helped her get her sick pay. good luck!
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