NYS Department of Labor - can i get unemployment on medical leave from my job?
i'm currently on medical leave from my warehouse job and my FMLA is about to run out in 2 weeks. my doctor says i need at least another month to recover from surgery before i can do physical work again. my employer told me they can't hold my position any longer after FMLA expires. can i file for unemployment benefits with NYS Department of Labor if they terminate me while i'm still unable to work? i'm confused because i thought you had to be able and available for work to get UI benefits but my situation is complicated.
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Vera Visnjic
This is a tricky situation with NYS Department of Labor rules. Generally, you must be able and available for work to receive unemployment benefits. However, if you're terminated while on medical leave and can't return to that specific job due to medical restrictions, you might still qualify if you can perform other types of work. The key is whether you're capable of accepting suitable employment in your field or related work that accommodates your medical limitations.
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Mason Lopez
•that makes sense. my doctor cleared me for desk work but not lifting over 20 pounds. i have warehouse experience but also did some office work before. would that help my case?
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Jake Sinclair
same thing happened to my brother last year!! he was on leave for back surgery and they let him go. he applied for unemployment and initially got denied but then appealed it. turned out he qualified because he could do sedentary work even though he couldn't go back to his construction job
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Mason Lopez
•Did he have to provide medical documentation during the appeal process? I want to make sure I have everything ready if I need to fight this.
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Jake Sinclair
•yeah he had to get a letter from his doctor explaining what work he could and couldn't do. the appeal took like 6 weeks but he eventually got approved retroactively
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Brielle Johnson
File your claim as soon as you're terminated, even if you think you might not qualify initially. Be honest about your medical restrictions on the application. NYS Department of Labor will review your case and determine if you meet the able and available requirement based on your specific circumstances. If you can perform any type of work within your medical restrictions, you may qualify. The worst they can do is deny you, and then you can appeal with additional medical documentation.
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Honorah King
•this is important advice. i made the mistake of waiting to file because i thought i wouldn't qualify and lost out on weeks of potential benefits. definitely file right away even if you're unsure
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Oliver Brown
The NYS Department of Labor phone system is impossible to get through to ask about complex situations like this. I spent weeks trying to reach someone about my medical leave situation. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real NYS Department of Labor agent who explained my options. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration trying to navigate the bureaucracy myself.
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Mason Lopez
•Never heard of that service before. Did they actually help you get approved for benefits or just connect you to someone?
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Oliver Brown
•They just handle getting you through to the agents, but having a real person explain the medical leave rules made all the difference. The agent walked me through exactly what documentation I needed and how to frame my situation on the application.
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Mary Bates
ugh the whole system is so frustrating when you're dealing with medical issues!! like you're already stressed about your health and then you have to jump through all these hoops just to survive financially. i hope you get approved OP because this situation is exactly what unemployment benefits should be for
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Clay blendedgen
•totally agree. the system acts like everyone who loses their job is perfectly healthy and can immediately jump into any work. medical situations are way more common than they want to admit
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