Can I get EDD benefits if fired for refusing hybrid work after maternity leave due to childcare issues?

This is definitely a complicated situation, but I can offer some guidance based on my experience with EDD claims. Generally speaking, if you're fired because you can't meet new job requirements (like the hybrid schedule) through no fault of your own (lack of childcare is considered a compelling reason), you should qualify for unemployment. The key here is that you're not refusing to work - you're unable to meet the new requirements due to childcare constraints, which EDD often recognizes as a valid reason. It would definitely help if your employer classifies it as a layoff or job elimination rather than firing you for performance or insubordination. Make sure to document everything: save the email about the restructuring, any communication about your childcare limitations, and exactly how they frame your termination. When you file, be very clear that you were willing to continue working your original position but that the terms changed substantially after your maternity leave.

OMG i went thru almost the EXACT same thing last yr!!! my boss changed my hours after i came back from having my baby and i couldnt get daycare for the new schedule. they fired me saying i was "refusing to work scheduled shifts" but EDD approved my claim cuz i explained i TRIED to find childcare but couldnt! jst make sure u tell EDD ur side of the story, dont let the employer control the narrative!!!!

I handle unemployment cases professionally, and this situation comes up frequently. Here's what you need to know: 1. EDD considers a substantial change in working conditions (like switching from remote to hybrid) after a protected leave as potential grounds for a valid claim. 2. Document that you're willing to work but specifically cannot accommodate the new arrangement due to childcare constraints. This is critical - it's not that you're refusing work, but that you physically cannot arrange care. 3. Yes, the termination reason matters significantly. "Job elimination" or "layoff due to restructuring" is ideal. "Unable to meet new job requirements" is acceptable. "Misconduct," "insubordination," or "refusal to work" will likely result in disqualification. 4. If they offer you the opportunity to resign instead of being fired, DON'T TAKE IT. A voluntary resignation is much harder to qualify for benefits with. 5. If approved, you'll need to certify that you're available for work - meaning you're available for suitable work that matches your skills in a remote capacity.

If they fire you, make sure to apply for unemployment right away and document everything. I've seen people get denied initially but win on appeal. Good luck!

I went through something similar in 2024, except it was after a medical leave. When I came back, my role had been changed and I couldn't physically do the new requirements. EDD initially denied my claim saying I "refused suitable work," but I appealed and went through an eligibility interview where I explained the situation. The most frustrating part was actually REACHING someone at EDD to explain my situation. I spent 3 weeks calling hundreds of times without getting through. Finally found this service called Claimyr (claimyr.com) that got me connected to an EDD representative within 30 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km It was worth it because once I actually talked to someone and explained that the job duties had substantially changed and why I couldn't perform them, they reversed the denial. The key was having that conversation rather than just what was in the initial paperwork.

this is totally discrimination!!! they cant change ur job while ur on maternity leave, thats illegal. u should file a complaint with the labor board not just worry about EDD. companies always do this to new moms hoping theyll just quit!!!!

I don't think you'll qualify for UI actually. My sister-in-law was in almost this exact situation and EDD ruled it as a voluntary quit because she couldn't meet the new schedule requirements. EDD said she chose family responsibilities over work which counts as voluntary. Maybe it depends on the EDD interviewer you get?

When you file your claim, make sure to explain that this was a substantial change in working conditions after your protected leave. I'd recommend using these exact phrases in your application: "material change in working conditions" and "childcare constraints preventing compliance with new requirements." Also, be prepared for an eligibility interview. EDD almost always schedules these for cases involving potential job refusal issues. During the interview, stick to facts about the changes and your childcare limitations rather than expressing negative opinions about your employer. One last thing - when you certify for benefits, make sure you indicate you're available for full-time work. If you say you can only work part-time or remote-only, it can complicate your claim. You can explain the childcare limitations during the interview process.

To answer your follow-up question about availability - this is a nuanced area. When certifying, you're asked if you're available for full-time work. The best approach is to answer "yes" and then explain your specific circumstances during the eligibility interview. Remote work is now common enough that it's considered a standard work arrangement in many industries, not a special accommodation. If your field typically offers remote positions, you can be considered "available for suitable work" while limiting your search to remote positions due to childcare constraints. During your interview, explain that you're actively seeking full-time employment that matches your skills and experience in arrangements that accommodate your childcare needs. Emphasize that you're not turning down suitable work - you're specifically seeking work that's compatible with your situation.