Fired while on pregnancy disability - can I get unemployment after PFL baby bonding ends?
I'm currently on baby bonding PFL after my pregnancy disability leave ended, but I just realized I don't have a job to go back to. My employer terminated me while I was on pregnancy disability leave (I was working part-time before). They technically gave me a few extra weeks to return, but I explained I was transitioning to PFL baby bonding leave. Now I'm wondering what happens when my 8 weeks of PFL ends next month? Can I apply for unemployment benefits directly after PFL since I technically don't have a job to return to? Has anyone navigated this situation before? I'm getting anxious about finances since my partner's income alone won't cover our mortgage and new baby expenses.
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Emma Thompson
Yes, you can absolutely apply for unemployment after your PFL ends! I went through this exact situation in 2024. Being let go while on pregnancy disability leave could potentially be illegal depending on your company size and circumstances, but that's a separate issue. For unemployment, you'd qualify since you lost your job through no fault of your own. Make sure you have documentation showing your termination date and that you were on protected leave at that time. You'll need to be able and available for work to qualify for unemployment, so start thinking about childcare options now.
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Javier Cruz
•Thank you so much for this info! Do you know if there's any waiting period between when PFL ends and when I can start unemployment? Should I apply before my PFL ends or wait until it's officially over? I'm so nervous about having a gap in income.
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Malik Jackson
wait i thought u cant get fired while on maternity leave??? isnt that illegal or something
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Isabella Costa
•It depends on several factors. Under CFRA/FMLA, eligible employees have job protection, but only if: 1) The company has 5+ employees (CFRA) or 50+ employees (FMLA), 2) You've worked there at least 1 year with 1,250+ hours, and 3) You're within your protected leave period. Pregnancy Disability Leave (PDL) in California does provide additional protections, but there are legitimate reasons an employer can still terminate someone (like company-wide layoffs). The OP should consult with an employment attorney as this could potentially be wrongful termination depending on the specific circumstances.
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StarSurfer
This exact thing happened to my sister!!! Her company told her they were "restructuring" while she was on pregnancy disability leave, which was obviously just an excuse to get rid of her. She filed for unemployment right after her baby bonding PFL ended and got approved without any issues. BUT she also talked to a lawyer who said the company violated CFRA/FMLA by terminating her while on protected leave. She ended up getting a settlement! You should definitely look into your legal rights AND apply for unemployment.
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Javier Cruz
•That's really helpful to know - I hadn't even considered the legal angle. My company is pretty small (only about 15 employees) but I'll definitely look into whether I might have protection under CFRA. Did your sister have any trouble with the EDD questioning why she wasn't working after her leave?
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Ravi Malhotra
The EDD is honestly the worst with these situations. I tried calling them 37 TIMES last month with a similar question about transitioning from disability to unemployment and couldn't get through once!!! Their website just gives generic information and doesn't address specific situations like yours. So frustrating!!
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Freya Christensen
•I had the same problem with endless calls and never reaching anyone. I finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 15 minutes. They have a video showing how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5. It made a huge difference because I needed specific answers about my PFL to unemployment transition that I couldn't find anywhere online. The EDD rep confirmed I could apply for unemployment immediately after PFL ended and helped me understand exactly what documentation I needed to provide.
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Omar Hassan
you need to apply for unemployment as soon as ur pfl ends dont wait even a day cuz theres always processing delays. when i applied in january after my baby bonding it took almost 3 weeks to get my first payment! make sure u tell edd you were laid off while on pregnancy disability and now ur pfl is ending. they might ask for proof of termination so find any emails or paperwork from ur employer. good luck!!
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Emma Thompson
Also, important to note: when you apply for unemployment, you'll need to report any severance pay if you received it, as this can affect your benefits. And don't forget that you'll need to be able and available to work, which means having childcare lined up. EDD sometimes asks about this during the application process, so be prepared to confirm you have arrangements for childcare that allow you to accept suitable work.
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Javier Cruz
•I didn't receive any severance pay, so that won't be an issue. Childcare is going to be tricky though - we were counting on me going back to my previous schedule where I only worked when my partner was home. Now I'll need to figure something else out. Do you know if EDD requires you to have childcare already arranged when you apply, or just by the time you start working?
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Isabella Costa
To clarify a key point about applying for unemployment after PFL: You don't need to wait for your PFL to completely end before applying. You can actually apply for unemployment a few days before your PFL ends (just make sure to list your PFL end date as your last day of being unavailable for work). This helps minimize gaps in your benefit payments. Regarding your termination while on pregnancy disability leave, California's FEHA (Fair Employment and Housing Act) provides stronger protections than federal law for pregnant employees. Even small employers with 5+ employees must provide pregnancy disability leave with job protection in California. I recommend consulting with DFEH (Department of Fair Employment & Housing) about your specific situation.
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Javier Cruz
•This is SUPER helpful! I'll definitely apply a few days before my PFL ends then. And thanks for the info about FEHA - I'll look into that right away. My PFL ends March 15th so I don't have much time to figure all this out.
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StarSurfer
Just wondering...did your employer specifically say you were being FIRED or did they just not hold your position? There's a big difference legally. My sister-in-law's company said her "position was eliminated" during a restructuring while she was on leave. She thought that meant she was fired, but legally they were claiming it was a layoff due to business necessity which can sometimes be allowed even during protected leave. Might affect both your unemployment and any potential legal case.
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Javier Cruz
•That's a good question... they never used the word "fired" - they basically said they couldn't keep my position open any longer. They claimed because I was part-time they weren't required to hold my job. I need to go back and read the exact email wording. This is all so confusing!
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Omar Hassan
when i filed for unemployment after pfl ended i had to do the phone interview thing cuz edd was confused about why i wasnt working... make sure u explain clearly that u were terminated while on disability leave and then went straight to pfl. have dates ready! my interview was super stressful and the lady kept asking the same questions different ways like she was trying to trap me or something lol
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Javier Cruz
•Oh no, that sounds stressful! I'll definitely prepare all my dates and documentation beforehand. Did they eventually approve your claim?
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Omar Hassan
•ya they approved it but it took like 2 extra weeks after the interview... the whole thing is so slow
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