Search This Site.

Can I collect unemployment after maternity leave in New York City?

by Francis
(New York City )


I gave birth to my baby boy on June 14th, 2010, my maternity leave time is out. Unfortunately my son's baby sitter had a death in her family and won't return will mid September and my employer will not allow additional time. I am recently terminated due to "failure to return to work", I now want to know if I qualify for unemployment.

Also, I'm 24 and lives in New York City.

You will be disqualified because the reason you didn't return to work is that you weren't able and available to work .. due to a death in your babysitter's family.

Childcare is the employee
s problem. A failure to return to work from a leave is a voluntary quit .. It may only be seen as a termination if you can prove you tried everything else to find childcare and when you couldn't and asked the employer to accommodate your predicament by extending your leave .. they fired you.

Sometimes .. the UI department has to first "determine" who was indeed, the moving party.

And Francis, you did not tell me the right things that would make me think you did everything within your power to find other childcare. That is central to whatever the outcome is.

NY's interpretive guidance for quitting to care for children.

E is what seems to pertain to you.

If A is what catches your eye and you might hope pertains to you, but you still have the able and available issue because although they don't link to the decision that is referenced .. I'm nearly positive it has something to do with a "sick child".

Click here to post comments

Return to New York State Unemployment Benefits Questions.

} }