Can I collect unemployment in NYS if I quit due to having a 2nd child in the course of a year...

by Tee Love
(New York City, NY)

My wife and I just had a new born daughter, we also have a 1 year old son. I started working at my current employer 7 months ago and from what I've researched I am not eligible for FMLA.

I need to be home to help my wife with the two children, primarily until she is old enough that my wife can handle the responsibilities of both at one time. I am the only one working in the family and my wife needs to recuperate also due to this being her 2nd c-section. Is there any way I can quit my job and still be allowed to collect unemployment benefits?


Hi Tee,

Very doubtful. The word "need" will need to be backed up by some juice from a statute.

First and foremost...have you asked for a personal leave of absence? Has a doctor provided medical documentation that your wife needs assistance? What alternatives to quitting have you attempted.

Here's a link to investigate how New York decides voluntary quits for various reasons. http://www.labor.state.ny.us/ui/aso/Section_1600.htm

If you can't find a valid reason for quitting for your circumstances then you would probably be wiser to just look for someone else to assist your wife while you continue to make a living wage for your family.