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Amara Torres

Can I delay starting SDI until 37-38 weeks while collecting UI and interviewing?

I'm in a weird situation and really need advice from anyone who's navigated this! Currently 35 weeks pregnant and collecting unemployment benefits while job hunting. I'm actually in the middle of interviewing with a great company and want to finish the process before switching to pregnancy disability (SDI). I know technically you can start SDI at 36 weeks, but is it OK to wait until 37 or even 38 weeks to apply? Will EDD give me problems if I don't apply right at 36 weeks? I don't want to jeopardize my benefits but really want to complete these interviews! Has anyone delayed their SDI start date while pregnant? Any issues with transitioning from UI to SDI later than 36 weeks?

Yes, you can absolutely wait until 37 or 38 weeks to apply for SDI! The 36-week mark is just when you become eligible without needing additional medical documentation, but it's not a requirement to apply exactly then. Your doctor will need to certify your disability date on the DE2501 form, and they can certainly put 37 or 38 weeks as your disability start date. Just make sure you don't claim UI and SDI for the same period - that would be considered fraud. Good luck with your interviews!

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Thank you so much for clarifying! That's such a relief. I was worried I'd be penalized somehow for not applying right at 36 weeks. I definitely won't double-dip on benefits - will stop UI claims as soon as I start SDI. If I get this job, do you know if I can still get PFL baby bonding afterward even if I haven't started the new position yet?

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i waited till 38 weeks with my second baby, no problems at all. just make sure ur doctor is cool with putting the later date on ur form. also dont forget u need to stop claiming UI the day before ur SDI starts!!! they will check this and u dont want overpayment issues trust me lol

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Thanks for sharing your experience! That makes me feel better knowing someone else did this without issues. I'll definitely coordinate with my doctor about the dates. And thanks for the reminder about stopping UI claims - definitely don't want to deal with overpayment headaches!

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Just be aware that EDD's system is TERRIBLE at handling these transitions!!! I tried to go from UI to SDI last year and they messed up my claim THREE TIMES. I spent weeks calling and never got through. By the time I finally talked to someone, I had already given birth and they told me I should have been on PFL instead of SDI at that point which was WRONG because you need SDI for recovery first!!! The whole system is designed to frustrate pregnant women when we're at our most vulnerable!!!

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This happened to my sister too! EDD is the worst with pregnant women. They act like we're trying to scam them or something when we're just trying to use the benefits we're entitled to.

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Don't stress - you're completely fine waiting until 37-38 weeks. The law actually states that you can begin pregnancy disability leave when you're "disabled by pregnancy," which your doctor determines. The 4-week pre-birth period (at 36 weeks) is just a standard timeframe where no additional documentation is typically needed. But here's something important: if you're interviewing for a new job, be aware that PFL baby bonding benefits after birth require that you worked and paid into SDI. If you're switching employers, check if you've worked long enough to qualify for FMLA/CFRA protections (usually 12 months at same employer). Otherwise, you might get SDI for recovery but not necessarily have job protection or guaranteed PFL eligibility with the new employer.

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That's super helpful information, especially about the FMLA/CFRA requirements. I've been working consistently and paying into SDI through my previous job (was laid off 3 months ago), so hopefully I'll still qualify for PFL after recovery. Maybe I should ask about maternity benefits during my final interview? Or is that too risky before getting an offer?

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I tried calling EDD to ask this exact question when I was pregnant last year and spent 2 hours on hold before getting disconnected! Ended up using Claimyr (claimyr.com) to get through to an actual person at EDD who confirmed you can totally start SDI after 36 weeks. The service connected me to an agent in like 15 minutes instead of hours of redial hell. They have this video that shows how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 Anyways, the EDD agent told me your doctor just has to put the date you want to start on the form, and as long as it's a reasonable pregnancy disability timeframe, there's no issue. I started at 37.5 weeks with no problems.

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Thanks for sharing that service! I might need it. Did you have to provide a lot of personal info to use it? I'm always hesitant with third-party services connecting to government stuff.

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It just needs basic info to connect the call - nothing more than you'd provide to EDD anyway. It was seriously worth it to avoid the constant busy signals and disconnections. The peace of mind from actually talking to someone was worth it.

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Wait I'm confused - I thought you CAN'T collect UI when you're pregnant? Isn't that why SDI exists??? My friend got in trouble for this!!

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That's actually a common misconception! You CAN collect UI while pregnant as long as you're able to work, available for work, and actively seeking work. Being pregnant alone doesn't make you eligible for SDI - you need to be disabled by your pregnancy (which typically happens in late pregnancy or if you have complications). Your friend might have gotten in trouble if she was collecting UI while not actually being able/available to work due to her pregnancy. The key is being truthful about your work capability on both programs.

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Omg thank you for explaining! I always thought pregnant women HAD to go on SDI. The EDD website is so confusing I swear they make it complicated on purpose.

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btw don't forget to ask ur doc for the DE2501 form at ur next appointment so u have it ready!! mine forgot and i had to go back for another appt just to get the stupid form 🙄

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Regarding your question about asking about maternity benefits during interviews - I recommend waiting until you have an offer. Once you have an offer in hand, you can discuss the timing of your start date and maternity leave as part of your negotiation. Most progressive companies will work with you on this, but bringing it up too early can unfortunately affect their decision (even though that's technically illegal). Since you've been paying into SDI, you should qualify for the state disability and PFL benefits regardless of your employment status. However, the job protection piece is more complicated with a new employer. You'd need to explicitly discuss how they'd handle your leave and return.

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That makes sense. I'll wait for an offer before bringing it up. This whole process is so stressful - trying to find a job while pregnant, navigating all these benefit programs, and making sure I don't mess anything up! Thanks for the detailed advice, it really helps.

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Just my 2 cents, but I'd try to wrap up those interviews ASAP! I planned to work until 38 weeks but ended up with surprise preeclampsia at 36w3d and had to go on leave immediately. You never know what might happen, so don't cut it too close with important interviews. Good luck with the job hunt and the baby!!

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I'm in a similar situation right now at 34 weeks! Been laid off for 2 months and actively job searching while on UI. My OB told me the same thing - you can definitely wait until 37-38 weeks to start SDI as long as your doctor agrees to certify that as your disability start date. The key is just being honest about your work availability. If you can still work and are actively interviewing, you're fine to stay on UI. Once you feel like the pregnancy is limiting your ability to work (whether that's 36, 37, or 38 weeks), that's when you transition to SDI. Just make sure there's no overlap in your claims! I'm planning to finish my current interview processes too before making the switch. We've got this! 💪

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