EDD unemployment interview about childcare during pandemic - repayment options?
I just got a letter from EDD scheduling an interview about my unemployment benefits from 2020-2021 (during peak pandemic). They're questioning my availability for work because I had a 6-month-old baby and mentioned in my certification that I couldn't find childcare. I was genuinely looking for remote work but literally EVERYTHING was shut down in our area and I had zero family nearby to help with my infant. I was terrified of exposing my baby to Covid when daycares finally started reopening. Now I'm panicking that they'll determine I wasn't eligible and make me repay all that money from 3+ years ago! Has anyone else had this kind of interview about childcare issues during pandemic? What questions did they ask? And if I do end up owing money back, will they let me do a payment plan or am I just completely screwed? We're barely making ends meet as it is with the crazy inflation.
18 comments
Natasha Petrova
This exact thing happened to me and yep, I had to pay it all back. They ruled that not having childcare doesn't make you "available for work" even during a pandemic when everything was shut down. It's completely unfair since they were telling everyone to stay home! I'm still bitter about it. They garnished my tax returns for two years until it was paid off. Sorry to be the bearer of bad news :
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Oliver Becker
•Oh no, that's what I was afraid of. Do you remember what kind of questions they asked in the interview? I'm trying to prepare myself. Did they take your entire tax return or just a portion?
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Javier Hernandez
I had a similar situation but with a different outcome. During my interview, I emphasized that I was actively searching for remote work that I could do while caring for my child. I had documentation of job applications for WFH positions and was able to demonstrate that I was available for suitable work. Make sure you emphasize: 1. You were actively looking for remote positions 2. You were available to work, just limited by extraordinary circumstances (global pandemic) 3. You made efforts to find childcare but it was impossible due to safety concerns The law requires you to be "available for suitable work" - the key is proving that you were available for work that was suitable to your circumstances during an unprecedented global crisis.
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Oliver Becker
•Thank you, this is really helpful! I did apply for tons of remote positions during that time but hardly any were even responding to applications. I'll dig through my emails to find evidence of my job search. I really hope they understand how impossible the situation was.
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Emma Davis
dont worry too much, they USUALLY let u do a payment plan thats what my sister did when this happened to her. i think she pays like $75 a month or something. the interview is basicly them asking why u couldnt work and if u have proof u were looking for jobs. they might ask about family members who couldve watched ur kid.
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Oliver Becker
•$75/month would be manageable at least. Did your sister do anything special to get the payment plan or did they just offer it automatically?
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LunarLegend
Former EDD employee here. This is unfortunately a common issue they're revisiting from the pandemic period. Here's what you need to know: 1. Under normal circumstances, lack of childcare is not considered good cause for refusing suitable work or limiting availability. However, during the pandemic, special provisions were in place. 2. The CARES Act included specific provisions for people unable to work due to childcare facility closures related to COVID-19. This was under the PUA program. 3. For your interview: Bring documentation showing that you were actively seeking work you could perform (remote jobs), documentation of any childcare facilities that were closed, and evidence that you had no family support. 4. Even if you're found ineligible, you can request a "waiver of overpayment" if repayment would cause extraordinary hardship AND you didn't misrepresent any information. 5. Payment plans are absolutely available. They typically work with you based on your financial situation. Lastly, you have appeal rights if the determination goes against you.
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Oliver Becker
•Thank you SO much for this information! I was on regular UI, not PUA, which might be part of the problem. I'll definitely gather all the documentation about closed daycares and my job search records. The interview is in 3 days so I'm really scrambling.
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Malik Jackson
When I had to call EDD about a similar interview last year (though mine was about different pandemic unemployment issues), it was IMPOSSIBLE to get through. Kept getting busy signals for days. I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 20 minutes. They have a video showing how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 Talking to someone before my interview really helped me understand what documentation I needed and calmed my nerves. Might be worth it to get some clarity before your interview.
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Isabella Oliveira
•THANK YOU for this tip! Just tried calling EDD myself and got the stupid "we're experiencing high call volume" message after waiting 45 minutes! Will check out that service because I really need to talk to someone before this interview.
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Ravi Patel
I had this EXACT interview in January. They ultimately determined I was eligible because I could prove I was searching for suitable work (remote) while facing childcare barriers. The interviewer was actually very understanding about the pandemic circumstances. Key thing they focused on: was I turning down specific job offers or just looking for work that fit my childcare constraints? Since I never actually refused an offered position, just limited my search to remote work, they ruled in my favor. Good luck! Hope it works out like mine did.
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Oliver Becker
•This makes me feel a bit better. I never refused any job offers either - I just wasn't applying to in-person positions because of childcare and COVID safety. I'll make sure to emphasize that.
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Natasha Petrova
BTW if they do make you pay it back and you're low income, you might qualify for a hardship waiver. I didn't know about this until after I'd already paid back most of mine. Huge regret not asking sooner!!! There's a form you can fill out explaining your financial situation.
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Javier Hernandez
•Good point about the hardship waiver - it's Form DE 1446W. The criteria are fairly strict, but during the pandemic they were approving more of these than usual. Definitely worth trying if you get an overpayment notice.
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Isabella Oliveira
EVERYONE I KNOW who had small kids during pandemic is getting these interviews now!!! EDD is clearly doing some kind of audit of parents who collected unemployment. So frustrating because they told us to apply and now they're going back and questioning everything. I had my interview last month and I'm still waiting for their decision. The stress is AWFUL.
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Emma Davis
•ya my neighbor said the same thing! shes a single mom and got the interview letter 2 weeks ago. seems like their targeting parents specificly which is so messed up
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Ravi Patel
Update on my repayment situation since people asked about payment plans: they set me up with a 24-month plan after I showed them my expenses and income. The minimum they would accept was $120/month for my case (I owed about $8,600). They were actually pretty reasonable about it when I explained my financial situation.
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Oliver Becker
•Thanks for sharing your experience with the payment plan. If it comes to that, at least I know they'll work with me on a realistic amount.
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