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Harper Collins

Can I get California EDD unemployment while on maternity leave?

So I'm trying to figure something out and I can't get a straight answer anywhere. I went on maternity leave about 6 weeks ago - my company offers 12 weeks of job-protected leave but it's only partially paid. The paid portion ran out after 4 weeks and now I'm on the remaining 8 weeks unpaid. My original plan was to go back after my leave ends but my employer just informed me last week that due to restructuring they're eliminating my position entirely. So now I'm sitting here with a newborn, no income coming in, and completely confused about whether I can even file for California EDD unemployment benefits while I'm technically still on maternity leave. Like does being on leave count as being 'available for work' which I know is one of the requirements? I'm worried that if I file and get denied it'll somehow mess up my record or cause problems. Has anyone been through something like this? Can you collect unemployment while on maternity leave in California if your job was eliminated during that leave period?

Oh wow this is such a stressful situation, I'm really sorry you're dealing with this with a newborn at home. I went through something somewhat similar last year though my circumstances were a little different. The short answer is: it depends heavily on your specific situation and whether you're considered 'able and available' for work. California EDD unemployment requires that you be both physically able to work AND available to accept suitable work if offered. Being on maternity leave technically means you're temporarily unavailable, which is one of the main reasons people get tripped up filing during leave. HOWEVER - and this is important - since your position was eliminated, your situation changed. You're no longer just on leave waiting to return to a job that exists. Your employer effectively terminated your employment. That shifts things considerably. I'd strongly recommend calling California EDD directly to explain your exact circumstances before filing because this falls into a gray area that their agents can actually walk you through. The eligibility rules around maternity leave and job elimination happening simultaneously are genuinely complicated and a phone agent can look at your specific case.

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This is exactly the kind of nuance I was worried about. So the fact that my job got eliminated DURING my leave actually changes my eligibility status? That's interesting because I assumed leave = automatically disqualified from unemployment.

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yeah able and available is the big thing with EDD, my cousin got denied because she was still technically on leave when she filed even though her job was gone. she had to appeal it

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The appeal route is definitely an option if denied but it's way better to try to get clarity upfront. The termination during leave scenario genuinely does change the calculus here compared to someone who just voluntarily quit to care for a baby.

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I work in HR and see this come up more than you'd think. Here's what you need to know about California EDD and maternity leave situations specifically: 1. Standard maternity leave (voluntary, job still exists): Generally NOT eligible for unemployment because you're not available for work 2. Job eliminated WHILE on leave: This is treated more like a layoff situation. You may qualify because the separation from employment happened through no fault of your own 3. The 'able and available' question: This is where it gets tricky with a newborn. California EDD will likely ask if you have childcare arrangements and are genuinely available to return to work. You don't have to be available THIS INSTANT but you do need to indicate you're actively seeking employment and can accept work within a reasonable timeframe. Also don't forget about California's SDI (State Disability Insurance) and Paid Family Leave programs which are separate from unemployment but may still apply to your situation. SDI can cover the disability period around childbirth (typically 4-8 weeks depending on delivery type) and PFL covers bonding time. These are administered by EDD too but are different benefit programs. You might actually have overlapping eligibility for different things.

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Wait so SDI and PFL are completely separate from unemployment UI benefits?? I thought they were all the same thing under EDD. This is so confusing.

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Yes completely separate programs! SDI = replaces income when you're medically unable to work (including pregnancy/recovery). PFL = bonding time with new baby. Regular unemployment UI = when you lose your job through no fault of your own. All administered by EDD but different eligibility rules and funding sources. You could potentially file for UI now since your job was eliminated, but if you're still within the medical recovery window from childbirth you might also have an SDI claim running.

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this is actually really helpful info, I didn't realize EDD had all these different programs either. learned something today

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The SDI vs PFL vs UI distinction is SO important and EDD's website does a terrible job explaining how they interact with each other honestly

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I went through almost this exact same thing two years ago - on maternity leave, company did layoffs, my role was one of them. It took me forever to get through to anyone at California EDD to sort it out because their phone lines are absolutely brutal. What finally worked for me was using a service called Claimyr (claimyr.com) - it basically navigates the hold system and connects you to an actual EDD agent without you having to sit on hold for hours. There's a video demo at https://youtu.be/JmuwXR7HA10 that shows how it works. I was skeptical at first but when you have a newborn you really cannot be sitting on hold for 3-4 hours hoping someone picks up. The agent I spoke with was able to clarify my eligibility right away and walked me through exactly how to file given my specific leave situation. Ended up being approved for UI benefits. Definitely worth using something like that when your situation is complicated and you need actual human guidance rather than just guessing based on the website.

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Oh this is really good to know. I've tried calling EDD twice already and just got the 'high call volume' message and got disconnected both times. Having a newborn makes sitting on hold basically impossible so this could be really helpful.

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seconded on the call difficulty, EDD phones are impossible right now. Anything that helps you actually reach a human is worth it when your situation is this complicated

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does claimyr work for all EDD issues or just unemployment? asking for myself lol

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From what I understand it connects you to EDD agents generally - I used it for my UI claim but I'd imagine it works for any EDD-related call situation

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okay so I want to clear something up because I see some people saying stuff that could get OP denied if she follows it. The 'available for work' requirement for California EDD UI doesn't mean you have to be able to start a job literally tomorrow. What it DOES mean is that you have to be ready to return to work within a reasonable period. California EDD generally gives new parents some flexibility here but you DO need to be actively looking for work and have some plan for childcare. If you go into your certification saying you're not available and not looking for work, you will be denied. Period. But if you say you ARE available, are making childcare arrangements, and are genuinely looking for work even while caring for a newborn, you can qualify. It's the certification language that matters a lot here.

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So when I certify for benefits on the weekly claims, I need to be honest about whether I'm actively job searching? That makes sense. I am planning to go back to work, I just need maybe another 5-6 weeks. Does that mean I should wait to file until I'm closer to being ready to work?

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Filing now to establish your benefit year might actually make sense since your separation from employment happened now. But you'd want to confirm with an EDD agent. The benefit year clock starts when you file not when you start collecting so there can be strategy involved.

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yeah don't wait too long to file is general advice I've seen everywhere. you might not collect right away but establishing the claim sooner is usually better

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The legal side of this matters too and I want to make sure you know your rights here. If your employer eliminated your position WHILE you were on FMLA or CFRA protected leave in California, you may actually have a wrongful termination claim in addition to the unemployment question. California has stronger protections than federal law here. Eliminating someone's position during protected leave isn't automatically illegal but employers have to prove the elimination would have happened regardless of the leave. This doesn't affect your UI eligibility directly but it's worth consulting with an employment attorney - many do free consultations - because you might be entitled to additional remedies beyond just unemployment benefits.

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I honestly hadn't even thought about that angle. My employer said it was company-wide restructuring affecting multiple departments but I've definitely wondered about the timing.

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This is such good advice. California employment protections are genuinely strong and companies sometimes think they can hide discriminatory layoffs under 'restructuring.' An employment attorney consult costs nothing and could be really valuable here.

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didn't know CFRA extended FMLA protections in California. California really does have stronger worker protections than most states

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I'm in kind of a panic reading this thread because I'm 8 months pregnant right now and my company has been making noises about 'restructuring' and I'm terrified I'm going to end up in this exact situation. Can I ask - when you filed for California EDD UI, did they ask a lot of questions specifically about the maternity leave part? Like did you have to prove that you were available for work? I just want to understand what the process looks like if the worst happens.

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When I filed during a similar situation EDD did ask about my availability. They noted the leave status and there was a short adjudication period while they verified the circumstances of the separation. It wasn't a nightmare but it definitely wasn't instant approval either. Having documentation of the layoff notice helped a lot.

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Okay that's somewhat reassuring. 'Short adjudication period' still sounds stressful but at least it's not an automatic denial. I'll make sure to keep any layoff documentation if it comes to that.

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If you're worried about it NOW while still employed, it's also worth double-checking whether your employer has short term disability coverage through them - that's separate from EDD SDI and some employers have their own plans. And definitely document everything your employer says about restructuring, even casually.

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just want to add from personal experience - I filed for unemployment while on maternity leave in California about 3 years ago and got denied the first time because I put on my certification that I was not available for work immediately. I appealed and won because I was able to show I was available within a specific near-future timeframe and was making childcare arrangements. The appeals process is a pain but it works. Point is don't just accept a denial if you believe you're eligible - the appeal process exists for exactly these situations.

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How long did the appeals process take for you? I'm nervous about going without income for that long with a newborn.

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It took about 6 weeks from filing the appeal to the hearing, and then another 2 weeks for the decision. BUT if you win, you get backpay for all the weeks that were denied. So you're not permanently losing those benefits, just delayed. Still stressful obviously.

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6-8 weeks is a long time when you have no income coming in. That's why it's so important to try to get it right the first time and understand the eligibility rules before filing if possible

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Exactly - which is why calling EDD before filing to explain your specific situation is so valuable. A 20 minute phone call can save you 2 months of appeals process.

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UGHH I'm so frustrated reading this thread because I'm going through something similar and EDD has been completely unreachable. I've been trying to get someone on the phone for TWO WEEKS. My situation is similar - baby born 5 weeks ago, company laid me off at the same time they announced leave would begin (they laid off my whole team basically), and I cannot get anyone at EDD to tell me how to file this correctly. The website is no help because my situation doesn't fit neatly into any of the categories they describe. Has anyone found a way to actually get through to a human at EDD without losing their mind??

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This is exactly why I mentioned Claimyr earlier in this thread - claimyr.com - it's specifically designed to get you connected to an EDD agent when the normal phone lines are impossible. The demo video at https://youtu.be/JmuwXR7HA10 explains it well. When you have a complicated situation like yours that really needs human guidance, it's genuinely worth it.

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Okay I will check this out today. I'm desperate at this point. Two weeks of calling and getting the automated 'too busy' message is not okay when I have actual bills due.

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The EDD phone situation has been bad for years honestly. COVID made it catastrophic and it never really fully recovered. External tools that help you actually reach humans are legitimately necessary at this point.

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Going back to the original question since we've gone in a few directions here - let me summarize what the thread has established for anyone finding this later: **Can you get unemployment while on maternity leave in California?** - Generally NO if you voluntarily took leave and your job still exists (you're not 'available for work') - Generally YES if your position was eliminated during leave (treated as an involuntary separation) - The 'available for work' requirement is key - you need to be job searching and have or be arranging childcare - Don't forget SDI and PFL are separate EDD programs that may also apply - If you're denied, you can appeal and may receive backpay - Calling EDD before filing to explain your specific situation is highly recommended when circumstances are complicated like this

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Thank you for this summary! This thread has honestly been more helpful than hours of reading the EDD website. I'm going to try to reach an EDD agent today to discuss my specific situation before I file.

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saving this thread for future reference. really comprehensive info here

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This is super helpful. bookmarked for when/if I need it. hopefully I won't but... yeah.

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random question but does anyone know if filing for UI while on maternity leave and then going back to work messes up your claim? like if I got approved and then went back to work after 6 weeks do i just stop certifying? or is there some formal process to 'close' the claim?

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You just stop certifying once you return to work. You don't need to formally close the claim. If you earn wages in a given week you report those earnings when certifying and your benefit payment for that week is reduced or eliminated depending on how much you earned. Once you're fully back to work full time you just stop certifying. Your claim stays open for the rest of your benefit year but you simply don't collect if you're working.

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oh that's way simpler than I expected honestly. I figured there'd be some complicated form to fill out lol

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Yeah EDD doesn't make you do anything to 'close' the UI claim when you return to work. The benefit year just naturally expires (usually 12 months from when you filed). You can re-open the claim within that year if you become unemployed again which is actually a useful thing to know.

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I want to speak to the emotional side of this for a second because honestly dealing with California EDD bureaucracy when you just had a baby is an EXTRA layer of awful that people who haven't experienced it don't appreciate. You're sleep deprived, your hormones are all over the place, you're worried about money, and now you have to navigate this incredibly confusing system. Please be patient with yourself throughout this process and don't be afraid to ask for help - whether that's someone helping you make phone calls, helping you understand the website, or just emotional support while you deal with it.

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Thank you for saying this. I literally cried trying to understand the EDD website yesterday because I was so exhausted and it just felt impossible. It's nice to have this community to ask questions.

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It's genuinely hard and you're not alone in finding it overwhelming. The system isn't designed for clarity, especially for edge cases like yours. You'll get through it.

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agreed. and don't let the complexity of the system make you give up on benefits you're legitimately entitled to. it's YOUR money in a sense - workers pay into this system through payroll taxes.

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One thing nobody's mentioned yet - make sure you have all your documentation ready before you file or call EDD: - Your layoff/termination notice (get this in writing from your employer if you don't already have it) - Your last day of work and your official leave start date - Your earnings history (EDD will pull this but having it handy helps) - Any emails or communications about the restructuring Having all of this organized will make the call with an EDD agent go much faster and more smoothly. They may not ask for everything but being prepared puts you in a much better position to explain your specific situation clearly.

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This is really practical advice. I have an email from my HR department about the position elimination but I never thought to screenshot or save the other communications about leave and restructuring. Doing that now.

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Yes! Forward those emails to a personal email account too so you have them if your work email access gets cut off. That happens surprisingly often during layoffs and you don't want to lose access to documents you need.

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oh GOOD POINT about forwarding emails to personal account before losing work access. I did not think of that and almost lost important stuff when my access was cut off.

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Also want to clarify something I see getting confused in this thread - there's a difference between being on California Paid Family Leave (PFL) through EDD and being on your employer's maternity leave policy. If you were collecting PFL benefits through EDD (the state program), you generally cannot ALSO collect UI at the same time - you can't double dip on EDD programs. If you were on your employer's own maternity leave policy (separate from any EDD program), the interaction with UI is different. This matters for OP's situation because you said you had 4 weeks of paid leave through your employer - was that your employer's own policy, or were you receiving EDD PFL payments? That distinction changes things.

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Oh this is an important clarification. The 4 weeks paid was through my employer directly - they have their own maternity policy. I actually haven't filed any EDD claims yet at all. So when my job was eliminated I was on unpaid employer leave, not receiving any EDD benefits.

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That actually simplifies things for you! Since you weren't already collecting EDD PFL or SDI, you don't have any double-dipping concerns. Your situation is a clean UI claim for job elimination during leave. Still complicated by the 'available for work' question but no conflicting benefit issue.

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Good clarification to get out there. The EDD programs can absolutely overlap with each other in confusing ways and knowing where OP stood with that was important.

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I have a slightly different question that spun off from reading this whole thread - what about if you're still pregnant and get laid off? Can you file for UI before the baby even comes? I know I'd technically be able to work up until delivery (I'd be working from home anyway) but then maternity leave would start. How does THAT work with California EDD?

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Yes, you can absolutely file for UI if you're laid off while pregnant (as long as you're still able and available to work). Being pregnant doesn't disqualify you from UI. Once you give birth and begin your leave/recovery, THAT'S when the 'available for work' question kicks in and you may transition to SDI for the recovery period. Then PFL for bonding. Then potentially back to UI if you still don't have a job after those run out. It can be a whole sequence of different benefits.

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Okay so it's potentially UI -> SDI -> PFL -> UI again if I'm still unemployed at the end? That's... actually really good to know. I didn't realize you could have that kind of coverage chain.

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California's benefits are actually pretty comprehensive when you understand how they're supposed to stack like this. The problem is nobody explains it clearly so most people don't know to take advantage of all of it.

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UPDATE: I used Claimyr (claimyr.com) this morning like someone suggested and actually got through to an EDD agent after like 30 minutes instead of the hours and hours of failed calling I'd been doing. The agent was SO helpful. She confirmed that because my whole team was laid off at the start of my leave period, my situation qualifies as an involuntary separation and I CAN file for UI. She gave me specific guidance on how to answer the availability questions in my case. I'm filing today. Genuinely so relieved. To anyone in a complicated situation like this - getting an actual human on the phone makes all the difference.

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This is SO helpful to hear! I'm going to try the same thing today. Knowing it's actually possible to get through to someone is motivating. Congratulations on getting clarity on your claim!

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Love this update. That's exactly the kind of complicated situation where a phone call is 100% necessary - no website FAQ is going to cover the specific circumstances of your layoff and leave timing.

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Great outcome! And yes this is a good example of why official human guidance matters here - the answer to 'can I get unemployment while on maternity leave' is genuinely 'it depends' and only an EDD agent who can look at your specific claim can give you a real answer.

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One more thing worth mentioning - when you do file and start certifying weekly, be really careful and consistent about how you answer the job search activity questions. California EDD requires you to report three job search activities per week in most cases. If you're still in the early weeks postpartum and aren't literally applying to jobs yet, you need to understand what counts as a job search activity and whether any exemptions apply to your situation. Getting this wrong on weekly certifications can cause payment issues later.

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The job search requirements are real and people do get tripped up by them. During the first few weeks of a new claim there's actually a waiting period where you're not paid anyway, and there are some situations where the requirements can be modified. Another good question for your EDD agent call.

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I didn't even know about the 3 job search activities per week requirement. There is so much to know about this stuff. I'm writing all of this down for my call.

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The one-week unpaid waiting period at the start of UI claims is also something to be aware of - your first week of claimed benefits is not paid. So don't be alarmed when your first certification doesn't result in payment.

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kind of off topic but reading this thread made me realize how badly California needs to simplify how EDD communicates about these overlapping programs. Like the average person has NO idea that SDI, PFL, and UI are three different things all under EDD with different rules. They need a 'new parent who just lost their job' clear flowchart somewhere on their website.

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100% agree. The EDD website has improved over the years but for edge case situations it's still really inadequate. The number of people who find out they were eligible for benefits they never claimed, or who get denied for things they would have been approved for if they'd understood the rules, is genuinely sad.

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the website is better than it was during COVID at least lol but yeah still not great for complicated situations

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From my HR perspective this is why I always try to educate employees who are going through leaves or layoffs about BOTH the EDD programs AND their employer benefits - most people just don't know and companies aren't always forthcoming about it either.

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Final update from me (the OP): I called EDD this morning and actually got through using the tip someone mentioned about Claimyr - worked really well. The agent confirmed I can file for UI since my position was eliminated by my employer, which is treated as a layoff rather than a voluntary quit. She walked me through how to answer the availability questions given that I'm planning to return to work within the next 6 weeks and have childcare being arranged. I've filed my initial claim and have my first certification coming up next week. I also learned about the SDI program and filed a late SDI claim for my physical recovery period - turns out I may have been leaving money on the table not knowing about that program earlier. Thank you to everyone in this thread who helped me understand all of this. This community is genuinely so helpful for navigating a confusing system.

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So glad you got it sorted out! And good on you for filing the SDI claim too - a lot of people do leave that on the table. The programs definitely have backfiling windows so getting that in even a bit late can still work.

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Amazing outcome! This is exactly the kind of situation where getting through to an actual EDD agent makes all the difference. Wishing you the best with the new baby and the job search.

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Great update. For anyone finding this thread later - the key takeaways are: job elimination during maternity leave CAN qualify for UI, SDI covers the physical recovery period separately, and when your situation is complicated, call EDD rather than trying to figure it out from the website alone.

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So happy for you and this thread has been incredibly educational for me personally. Bookmarking it for sure.

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