NY unemployment requirements during high covid cases - scared to return to work
Is anyone else freaking out about being forced back to work with all these new covid cases in NY?? My employer just called saying I need to return next Monday but the cases are EXPLODING again! This seems so dangerous right now. Does NY unemployment have any protections if we don't feel safe? I have an elderly parent at home and I'm seriously worried. The Governor seems completely out of touch with what regular people are dealing with! Has anyone successfully stayed on unemployment because of safety concerns in 2025?
25 comments


Elijah Knight
Unfortunately, current NY unemployment rules don't consider general COVID concerns a valid reason to refuse suitable work. You need specific, documented health conditions or a doctor's note advising against return. The "COVID-related reasons" provisions expired in December 2024. If you refuse to return, your employer will likely report it and your benefits could stop immediately.
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Sophia Carson
•Seriously?? That's so unfair! What about immunocompromised family members? Do they just not matter anymore?!
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Brooklyn Foley
yup same boat. my boss wants us back even tho 3 ppl in our office got sick last week!!! system is rigged against workers as usual
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Sophia Carson
•That's terrifying! Has anyone in your office been able to get accommodations or are they forcing everyone back no matter what?
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Jay Lincoln
I work as an employment counselor, and while I understand your concerns, refusing work without a very specific reason will likely result in benefit termination. Here are your options: 1. Request reasonable accommodation from your employer if you have a documented medical condition 2. If your elderly parent has a doctor-documented condition requiring your care, you might qualify for family caregiver provisions 3. Ask about hybrid or remote options if your job allows it 4. If your workplace isn't following current NY Department of Health safety guidelines, document this carefully The key is documentation and specific circumstances, not general COVID concerns.
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Sophia Carson
•Thank you for this detailed response. My parent doesn't need physical care but is over 80 with heart issues. I'll try talking to my doctor about documentation. Do you know if mental health concerns (anxiety about COVID exposure) count for anything?
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Jessica Suarez
I think its crazy we're still dealing with this in 2025! The govt keeps saying everythings fine but then why are hospitals filling up again? My neighbor works at a testing center and said numbers are WAY higher than reported.
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Marcus Williams
I was in your exact situation last month. Called NYSDOL about 40 times trying to get answers about my options. Couldn't get through until I found this service called Claimyr that got me connected to an agent in 15 minutes instead of waiting on hold forever. The agent explained that I needed specific documentation from my doctor showing why I personally couldn't return safely. Just having an at-risk family member wasn't enough unfortunately. If you need to speak with someone at unemployment to discuss your specific situation, check out their demo at https://youtu.be/Rdqa1gKtxuE - it saved me days of frustration trying to get through the phone system.
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Brooklyn Foley
•does this actually work? i've been trying to reach someone for 2 weeks
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Marcus Williams
•Yes, it worked for me. I was skeptical too but was desperate after trying for days. Got through to an agent who actually knew what they were talking about.
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Lily Young
The current rules are terrible, but here's what I learned the hard way: if you refuse to return, your employer will report it as a "refusal of suitable work" and your benefits will stop immediately. Then you'll have to appeal, which takes FOREVER, and you'll have no income while waiting. What worked for me was getting my doctor to write a detailed letter about my specific health risks, then requesting accommodation under ADA. My employer had to at least consider alternatives before forcing me back. Document EVERYTHING in writing - verbal conversations don't count if you need to appeal later!
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Sophia Carson
•This is really helpful, thank you! I'll call my doctor tomorrow. Did you submit the doctor's letter to both your employer and unemployment?
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Lily Young
•Yes, sent it to both! And make sure the letter is VERY specific about why YOU can't return to that specific workplace environment. General statements about COVID risks won't be enough. Ask your doctor to list specific medical conditions and exactly what accommodations you need. Good luck!
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Kennedy Morrison
this governor dont care about regular ppl at ALL!!! my cousin works at the DOL and says theyre pushing everyone off benefits before the election. all about making unemployment numbers look good.
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Elijah Knight
•That's not accurate information. Benefit determinations are made based on specific eligibility criteria, not political considerations. Please be careful about spreading misinformation that could cause people to make decisions harmful to their benefits status.
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Kennedy Morrison
•whatever u say but ive seen this happen b4. they always tighten rules right before elections just look at the pattern!!!
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Sophia Carson
I just got off the phone with my HR department and they said they can't make any accommodations without a specific ADA request! This is so frustrating. Has anyone successfully gotten continued benefits after refusing to return? I'm really scared about making the wrong move here.
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Jay Lincoln
•That's standard procedure. Request ADA paperwork from HR immediately, then have your doctor complete it with specific medical limitations and accommodation recommendations. Submit it formally through their process, and keep copies of everything. Don't just verbally refuse to return - that will almost certainly result in benefit termination with no protection.
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Brooklyn Foley
My brother got fired for not going back and unemployment denied him even tho his wife was pregnant and high risk. system is broken man
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Jessica Suarez
My sisters neighbor works at unemployment and said theyre getting tons of calls about this same issue! Apparently theres some new form you can fill out but I forgot what its called lol
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Elijah Knight
•There is no special 'new form' for COVID concerns in 2025. Your sister's neighbor may be referring to standard UI forms or possibly ADA accommodation paperwork, but there isn't a specific COVID exemption form currently available through NYSDOL.
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Lily Young
Update on my situation - I went back to work yesterday and it was honestly a nightmare. No masks, people coughing, windows closed. I documented everything and took pictures. Going to my doctor tomorrow to see if I can get a note saying this environment is unsafe with my asthma. Will update on whether it works for unemployment purposes.
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Sophia Carson
•Please let me know what happens! My workplace sounds similar and I'm so anxious about Monday.
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Jay Lincoln
After reading through this thread, I want to clarify a few important points about NY unemployment and work refusal in 2025: 1. General COVID concerns are not considered good cause to refuse work under current regulations 2. However, specific, documented health conditions that make a particular workplace unsafe for YOU may qualify for accommodation 3. The process is: - Get medical documentation of your specific health concerns - Request formal accommodation from employer through ADA process - If accommodation is unreasonably denied, THEN you may have grounds to refuse while preserving benefits - Document all communications in writing 4. If you refuse work without following this process, benefits will likely be cut off immediately 5. Appeals are possible but can take 8-12 weeks during which you'll receive no benefits Don't make decisions based on what worked in 2020-2022 - the rules have changed significantly.
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Sophia Carson
•Thank you for this detailed explanation. I've made an appointment with my doctor for tomorrow and requested the ADA paperwork from HR. Hopefully I can get this resolved before Monday.
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