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Can I file EDD claim now after quitting last year due to lactation accommodation issues?

I'm in a really tough spot and wondering if I have any options with EDD. I left my healthcare job in January 2023 (over a year ago) because my employer wouldn't provide adequate time and space for me to pump breast milk. I was constantly getting interrupted, had to use a storage closet that wasn't private, and my supervisor kept making snide comments about my 'extra breaks'. I know there are laws protecting nursing mothers but I was too exhausted to fight it then. I didn't apply for unemployment at the time because I thought quitting automatically disqualified me. Now it's been 14 months, my savings are gone, and I've applied to over 200 jobs with barely any interviews. My question is: Can I still file for unemployment this late? Would having quit due to lactation accommodation issues be considered 'good cause' by EDD? Has anyone successfully claimed benefits after quitting for similar reasons? I'm desperate at this point and regret not looking into this sooner.

I had a somewhat similar situation, though not identical. Legally, you typically have a 'good cause' if your employer violated labor laws, which it sounds like they did with the pumping accommodations. However, there's usually a time limit to file your initial claim - I think 18 months after separation. So technically you're still within that window, but they might question the long delay. You should file ASAP and be very specific about the lactation accommodation issues when explaining why you quit. Use terms like 'constructive discharge' and 'violation of labor code section 1030-1033' (CA lactation accommodation law). Be prepared with documentation of the accommodation problems if possible. That said, you'll likely face an eligibility interview where they'll scrutinize your reason for quitting and the long gap. Make sure you can explain your work search efforts during this time too.

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Emily Thompson

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Thank you so much for the detailed response! I hadn't heard of 'constructive discharge' before but just looked it up. That definitely fits what happened. I don't have much documentation since it was verbal, but I did text my coworker about the issues a few times. Would those count? I'm nervous about the eligibility interview - will they be understanding about the delay?

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Daniela Rossi

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hate to b the bearer of bad news but EDD is SUPER strict about quittin. even tho ur situation sucks they mite still deny u. i quit cuz my boss was harassin me & got denied even with proof. best bet is to file & see what happens but dont get ur hopes up. the real question is why did u wait so long??? thats gonna look suspicious to them

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Ryan Kim

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This isn't entirely accurate. California specifically recognizes violations of labor laws as valid grounds for quitting with good cause. The lactation accommodation requirements are clearly defined in CA labor code, and violations would potentially qualify as good cause. The delay in filing isn't ideal, but doesn't automatically disqualify someone if they're within the claim filing timeframe.

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Zoe Walker

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I work in HR and can confirm that improper lactation accommodations can absolutely qualify as good cause for leaving employment. The California Labor Code sections 1030-1033 (and now the federal PUMP Act) provide strong protections for nursing mothers. Regarding the timing: While you ideally should have filed immediately, you're still within the claim filing window. EDD will want to know: 1. Exactly why you left (be specific about accommodation failures) 2. Why you waited to file (be honest about not knowing your rights) 3. What job search efforts you've made during the gap During your eligibility interview, focus on how the situation made continued employment unreasonable - not just difficult or unpleasant. And document your ongoing job search efforts thoroughly, as you'll need to demonstrate you're available and looking for work. Best of luck!

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Emily Thompson

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Thank you! This is really helpful. I'm definitely going to apply now. Quick question - for the job search requirements going forward, is applying to 3 jobs per week still the minimum? And should I be uploading my resume to CalJOBS as well?

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Elijah Brown

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My cousin just went through something similar!!! She quit because her manager was awful but she waited like 6 months to apply for benefits. She still got approved but had to do like 3 different phone interviews. Good luck!!!

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Maria Gonzalez

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The most frustrating part of dealing with EDD is actually getting someone on the phone if they have questions or if there's an issue with your claim. I tried for WEEKS last year calling hundreds of times. Finally I used a service called Claimyr (claimyr.com) that got me through to an EDD rep in about 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Given your complicated situation with the delay and quitting circumstances, you'll probably need to speak with someone directly at some point. Just wanted to share what worked for me when I was pulling my hair out trying to reach them!

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Emily Thompson

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Thank you! I've heard the phone system is a nightmare. I'll keep this in mind if I need to talk to someone. Hoping the online application goes smoothly but I'm not counting on it.

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Natalie Chen

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does this claimyr thing really work? seems kinda sketchy to me... has anyone else used it? i've been trying to get through to edd for 2 weeks now

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I used it last month when my claim was stuck in pending for 3 weeks. It actually worked pretty fast. Not cheap but worth it when you're desperate to talk to someone.

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Ryan Kim

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To add some specific guidance here: 1. File your claim immediately through UI Online (https://edd.ca.gov/Unemployment/UI_Online.htm) 2. When you come to the separation reason section, select 'I quit' and then be very specific in the explanation box about the lactation accommodation issues. Mention that this violates California Labor Code and PUMP Act requirements. 3. After filing, you'll likely be scheduled for an eligibility determination interview. This is usually by phone and typically takes 15-30 minutes. 4. For the interview, prepare notes about: - Specific incidents where accommodations were denied - Any attempts you made to resolve the issue before quitting - Your work search efforts since leaving 5. Current work search requirements for 2025 are still applying for at least 3 suitable jobs per week, documenting all efforts, and being available for full-time work. Also, if your claim is approved, benefits would only be from the date you file forward, not retroactive to when you left employment. So filing sooner rather than later is important.

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Emily Thompson

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This is incredibly helpful, thank you! I'll start the application tonight. One more question - will they contact my former employer? I'm worried about potential backlash if they do.

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Ryan Kim

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Yes, EDD will absolutely contact your former employer to verify your reason for separation. This is standard procedure for all claims, especially those involving voluntary quits. The employer has the right to present their side of the story. However, employers cannot legally retaliate against former employees for filing unemployment claims - that would be against the law. That said, prepare for the possibility that your former employer might dispute your version of events regarding the lactation accommodations.

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Natalie Chen

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i waited 8 months to file my claim after being laid off and it was fine!! EDD says you have 18 months from ur last day of work to file a claim so ur still good!! just make sure u say exactly WHY u quit with all the details about the pumping situation because thats what matters most. they have to give u a fair chance to explain. good luck!!!!!

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Remember that when you file, you'll need to report any income you've had since leaving that job. If you've done any freelance work or part-time jobs, even cash work, you need to report it. False reporting can lead to penalties and overpayment issues down the road. Also, once you start certifying (if approved), you'll need to list 3+ job contacts each week and be able to provide details if they audit your work search. This includes company name, position, date applied, contact method, and contact person if available. My final advice - keep extremely detailed records of everything from this point forward. Save screenshots of job applications, confirmation emails, and any correspondence with EDD. The system is often frustrating and documentation is your best protection.

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Emily Thompson

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Thank you! I've been keeping a spreadsheet of all my job applications already, so I'll make sure to continue that. I did some babysitting for cash a few months ago - it wasn't much, maybe $300 total. Should I still report that? I'm worried about complicating things further.

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Yes, technically you should report all income, including cash jobs like babysitting. When you certify for benefits, you report income for the week it was earned (not when paid). If it was just a few hundred dollars spread over several months, it likely wouldn't impact your benefits much, if at all. But not reporting income can lead to serious overpayment issues if discovered later. Part of the eligibility interview may include questions about how you've been supporting yourself during this gap period. Being transparent about occasional babysitting work shows you've been trying to generate some income while searching for regular employment.

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