Laid off 3 weeks after giving birth - file for EDD unemployment now or after PFL/SDI ends?
I just had my baby 3 weeks ago and was on State Disability (SDI) for the pregnancy/birth. Yesterday I got a call from my boss saying the company is downsizing and my position has been eliminated. I'm completely shocked and don't know what to do about benefits now. I'm currently getting disability payments, which I think are supposed to continue for 3 more weeks (total of 6 weeks for regular delivery). Then I was planning to transition to 8 weeks of baby bonding (PFL). Do I need to file for unemployment RIGHT NOW since I was technically terminated? Or do I wait until after my disability and PFL are finished? Can I even get PFL anymore since I don't have a job to bond away from? Will filing for unemployment mess up my current disability payments? I'm so stressed about money and benefits while trying to care for a newborn. Has anyone dealt with something similar?
20 comments
Join the conversation
Liam Fitzgerald
I'm so sorry this happened to you. You don't have to file for unemployment right now - finish your SDI and then you can still take your 8 weeks of PFL baby bonding even though you've been laid off. PFL doesn't require current employment, just that you paid into SDI during your base period (which you obviously did since you're receiving disability). After your PFL ends, then you should apply for unemployment. This gives you the maximum benefit time with your baby before having to look for work.
0 coins
Mei Lin
•Thank you so much for explaining! I was panicking thinking I'd have to start job hunting immediately. So just to confirm - I can finish my 3 remaining weeks of SDI for recovery, then take my full 8 weeks of PFL, and THEN apply for unemployment after all that is over in about 11 weeks? And this won't create any problems with EDD?
0 coins
Amara Nnamani
exact same thing happend to me last year!! finish ur disability first then do the PFL stuff then unemployment. dont mess with the order or EDD gets all confused and stops all ur payments. trust me i learned the hard way lol
0 coins
Mei Lin
•Oh no! What happened when they got confused? Did you eventually get all your benefits sorted out? I'm so afraid of making a mistake that causes a gap in income while I have a newborn.
0 coins
Giovanni Mancini
This is illegal! They can't fire you while you're on maternity leave - that's discrimination! You should talk to a lawyer immediately before doing ANYTHING with EDD. Don't let them get away with this!!!!
0 coins
Liam Fitzgerald
•This isn't necessarily true. While there are protections under FMLA and CFRA, if the company is doing legitimate layoffs and can prove the position would have been eliminated regardless of leave status, it can be legal. Being on leave doesn't provide absolute protection from company-wide reductions. But OP, if you feel the layoff specifically targeted you because of your pregnancy/childbirth, then yes, consulting with an employment attorney would be appropriate.
0 coins
NebulaNinja
my sister just went thru this! so ur supposed to get the full SDI + PFL benefits regardless of employment status. she even got a letter from EDD confirming this when she called to check. but honestly good luck getting anyone at EDD on the phone these days to confirm ur specific situation
0 coins
Fatima Al-Suwaidi
•Getting through to EDD is actually possible if you use Claimyr. I was in a similar situation with benefit questions after a layoff during maternity leave, and spent days trying to reach someone. A friend recommended Claimyr (claimyr.com) and they got me connected to an EDD agent in about 25 minutes. They have a video showing how it works: https://youtu.be/DOLxZQb92wM?si=6N1iCQ3a8Cdb2Ay5 - saved me so much stress when I needed clear answers about my benefits.
0 coins
Dylan Mitchell
I want to clarify some misconceptions about this situation: 1. You can and should complete your full SDI recovery period (typically 6-8 weeks for vaginal delivery, 8-10 for c-section) 2. You absolutely qualify for PFL baby bonding even after being laid off. PFL eligibility is based on your past wages in the base period, not current employment status 3. DO NOT file for unemployment until after completing PFL - you cannot receive unemployment and PFL simultaneously as they conflict (unemployment requires you to be available for work, PFL requires you to be bonding with your baby) 4. The correct sequence is: Complete SDI → File PFL claim (DE2501F form) → Complete PFL → File unemployment 5. There's a specific section on the PFL application for individuals who are unemployed - make sure to complete this accurately This approach maximizes your benefit period and follows EDD regulations.
0 coins
Mei Lin
•Thank you for this detailed explanation! This makes me feel so much better. I was afraid I'd have to choose between benefits or make some complicated declaration about the job loss. I already filed my SDI claim before birth, so I'll just continue that, then do the PFL application, and worry about unemployment much later. I appreciate you laying out the exact sequence!
0 coins
Sofia Morales
when i had my baby my company went bankrupt lol fun times. anyways i think u need to call edd directly cuz my situation was a mess and they gave me wrong info at first. eventually got it all but took like 6 weeks of no money coming in so prepare for that possibility...
0 coins
Mei Lin
•Six weeks with no income sounds terrifying! Did you have to keep calling them over and over? I'm wondering if I should just go to an EDD office in person to make sure everything is handled correctly from the start.
0 coins
Dylan Mitchell
One additional important note: When you transition from SDI to PFL, you'll need to file the Paid Family Leave claim form (DE2501F) right away. Don't wait until your disability ends to submit this form - you can file it 1-2 weeks before your SDI ends to prevent any gap in payments. If you've been laid off, be sure to indicate that on the form where it asks about employment status. This won't disqualify you, but it prevents confusion in processing.
0 coins
Mei Lin
•That's really helpful timing advice! I didn't realize I should file the PFL paperwork before my disability ends. I'll get that form filled out next week so there's plenty of time for processing. I'm still worried about indicating I was laid off - I hope that doesn't trigger any automatic reviews or delays.
0 coins
Amara Nnamani
OK so to answer ur other question - YES u can still get PFL after being laid off!! the important thing EDD looks at is if u paid into SDI during ur base period which is like 5-18 months before ur claim. ur already getting SDI so ur good there. my cousin got laid off right before her baby was born and still got full SDI + PFL with no problems
0 coins
NebulaNinja
•ya same with my friend! but she had to refile some paperwork cuz she checked the wrong box about employment status or somethin. just make sure to read the form carefully
0 coins
Giovanni Mancini
Don't forget that when you do eventually file for unemployment, they'll ask if you've received other benefits. Make ABSOLUTELY SURE you report your SDI and PFL accurately or they'll say you committed fraud and demand all the money back with penalties!!! I've seen it happen to people and EDD shows NO mercy with this stuff. Document EVERYTHING.
0 coins
Mei Lin
•That's scary! I'll definitely keep detailed records of all my benefits. Would you recommend printing out payment summaries from my EDD online account to have as backup documentation?
0 coins
Liam Fitzgerald
To summarize what you should do: 1. Continue your current SDI claim until it's exhausted (likely 3 more weeks) 2. File your PFL claim about a week before your SDI ends - indicate your employment status has changed 3. Take your full 8 weeks of PFL baby bonding 4. After PFL ends (about 11 weeks from now), file for unemployment 5. Start your job search once on unemployment This approach gives you about 3-4 months total with your baby before you need to start looking for work. And when you do start interviewing, you can honestly tell employers you took standard maternity leave time and are now ready to return to work - many won't even realize you were laid off during that period.
0 coins
Mei Lin
•This timeline is so helpful for planning! I hadn't even thought about how to explain this gap to future employers, but you're right - it will just look like normal maternity leave on my resume. Thank you for mapping this all out so clearly.
0 coins