Legal Question in Employment Law in New York

I have been on unpaid, parental leave since the birth of my son last January. I am a teacher and plan to return to work this coming September. I assumed I was not eligible for Unemployment Insurance so I never bothered looking into it until recently. I was speaking with someone who thought that I may have been eligible this entire time. I have been doing some research and the NYS UI website is a little unclear in terms of eligibilty. In fact the quesition is posed on the FAQ section and they claim that in order to collect unemployment while on leave you must be ready/able to work. I searched a little further on the NYS DOL website and found that while on unpaid leave you are considered unemployed. Further, it appears that a leave of absence to care for your child is considered leaving employment with cause. Would this make me eligible? If so, would I be entitled to retroactive benefits. I know I could always try to apply and see what happens but since I do plan to return to work, I dont want to apply unless I know for sure I am eligible as I dont want it to reflect negatively. Thanks in advance!


Asked on 4/05/10, 10:52 am

1 Answer from Attorneys
John W. DeHaan DeHaanBusse LLP

To be eligible for NYS unemployment benefits, you must be ready, willing and able to work. If you are on maternity leave and are not ready, willing and able to work, then you are not eligible for unemployment benefits. You have may have been eligible, however, for short-term disability ("STD") benefits for the 6 weeks or so immediately after giving birth. STD benefits are typically much less than unemployment benefits, and are 50% of pre-disability income but are capped at $170/week.

Read more
Answered on 4/12/10, 8:02 am


Related Questions & Answers

More Labor and Employment Law questions and answers in New York