Legal Difference Between Layoffs and Furloughs

Legal Difference Between Layoffs and Furloughs - Matt Miller - Buffalo Business First - Rupp Baase - People at Law

Matthew Miller, speaks to Business First’s Patrick Connelly on the legal differences between layoffs and furloughs, in New York State.

Though used interchangeably with regularity, there is a legal difference between layoffs and furloughs in New York state.


“The biggest difference and misconception is a layoff or a termination is intended to be permanent severance of that employment relationship with no intent to bring that person back,” Miller said.

Generally when a person is laid off, Miller said the benefits they had as an employee cease and they become eligible for unemployment insurance benefits through the New York State Department of Labor if they were let go by no fault of their own.

The person is additionally eligible for a continuance of health insurance at their own expense made possible through the Consolidated Omnibus Budget Reconciliation Act of 1985, commonly known as COBRA.

To lessen the burden for those laid off, the federal government has added new programs that extend the length someone can receive unemployment money. Among them, he said the employee could remain on unemployment insurance benefits for an additional 13 weeks and also qualify for an extra $600 per week.

The person is additionally Read More