Can you get unemployment while on maternity leave in California EDD?

This is super helpful thank you. So the fact that I was laid off before maternity leave is the important distinction? I wasn't sure if EDD would just see 'new baby' and automatically deny me.

yeah EDD definitely looks at the circumstances of separation first. if u were genuinely laid off then ur not voluntarily leaving or anything like that

Worth noting that California Paid Family Leave (PFL) through SDI is completely separate from unemployment - some people try to collect both which isn't allowed. If you're getting PFL payments you cannot simultaneously collect UI. Just make sure you're not double dipping.

Oh wow a doctor's note - that's actually a great idea. Did you just upload it through the Ask EDD message portal or did you have to mail it in?

I uploaded through Ask EDD. Made sure to reference my claim number in the message. Took a few days for them to acknowledge receipt but it definitely moved things along.

This is good info. I didn't know you could submit supporting documents through Ask EDD like that. I always assumed it was only for questions.

I have been trying to call EDD for three weeks and keep getting the 'high call volume' message and getting disconnected. I'll look into Claimyr, at this point I'll try anything.

seconded on claimyr, used it when my claim got stuck and it saved me so much time and stress

Does it actually work though? I've seen ads for stuff like this before and been burned. Genuine question.

I was skeptical too honestly but yeah it worked for me. I got through to a real person who actually pulled up my claim while we were talking. Way better than the automated dead ends.

I have not applied for SDI or PFL because I was laid off - I thought those were only if you were still employed? Can you get SDI if you have no current employer?

She's right that you can't double collect but you CAN actually file for SDI/disability if you were recently employed and paid into state disability insurance, which you almost certainly did through payroll deductions. Being laid off doesn't automatically disqualify you from SDI for a qualifying disability period. This is worth looking into separately - you might actually get MORE through SDI postpartum than through UI anyway.

Yes exactly - SDI is based on your earnings history not your current employment status. OP you should seriously look at filing for SDI for the postpartum period and then transition to UI once you're cleared by a doctor to work full time. Trying to collect UI while physically recovering from childbirth is going to be an uphill battle with EDD anyway.

The childcare thing is really concerning me now. I don't have formal childcare arranged yet obviously since my baby is 3 weeks old. Does that automatically disqualify me?

Not automatically - courts have ruled that a claimant isn't unavailable simply because they lack childcare unless EDD can show they've actually refused suitable work. But if asked on your certification you need to be honest about your availability. Saying you're available when you genuinely couldn't accept a job offer is a bigger problem than the childcare issue itself.

this whole thing seems really unfair honestly. like she got laid off through no fault of her own while pregnant and now has to jump through all these hoops

I filed literally the day I got the layoff notice. I'd recommend filing immediately if it happens to you - there's already a waiting week built in and delaying just costs you more time.

Filing immediately is always the right call. Also document everything about how your layoff happened especially given the timing relative to your pregnancy - if the restructuring was pretextual you may have legal recourse beyond just the UI claim.

Good to know the appeal process exists. What kind of evidence did she bring to the hearing?

I think she had like a letter from her doctor and also documented her job search activities even while pregnant/postpartum. showing she was actually trying to find work helped a lot

appeals in general have a decent success rate if you actually show up and present your case. a lot of people just accept the initial denial which is a mistake

I understand the concern and I definitely don't want to certify dishonestly. I had a relatively uncomplicated delivery and my doctor told me I could work from home immediately. I work in marketing/content so it's desk work - I'm not lifting heavy things. I think there's a distinction between physically demanding work and office/remote work.

This is a valid distinction and one EDD recognizes. If your physician has indicated you're able to work in a sedentary capacity and you're limiting your job search to remote/sedentary work that's consistent with being 'able and available' even at 3 weeks postpartum. The key is that your availability for work has to genuinely match your health situation.

Ok fair point, didn't consider the remote work angle. That does make a difference.

I just watched the video demo at https://youtu.be/JmuwXR7HA10 and I think I'm going to try it. At this point I've been going in circles for weeks and I just need to talk to an actual human at EDD.

bookmarking this for if I need it later. thanks for sharing

PFL payments are considered wages for federal income tax purposes but PFL and UI are mutually exclusive - you can't collect both in the same week. The issue isn't really about reporting PFL as income to UI, it's that EDD won't approve UI for any week you received PFL benefits. They cross-reference the systems.

oh ok so it's not like she'd be double counting income it's just that the two programs can't overlap at all

Exactly. The systems talk to each other so EDD will catch it if someone tries to collect both. OP has apparently NOT filed for PFL so this may not even be relevant to her situation.

It shows 'Able and Available - Pending Investigation' and there's also something that says 'Circumstances of Separation - Under Review' which I guess makes sense given the layoff. No other codes that I can see.

The separation review is standard for any layoff that was close to a life event - they want to make sure it wasn't a voluntary quit that got framed as a layoff. That should clear once EDD verifies with your former employer. The able and available one is the trickier one and is probably the main thing holding up your claim. That's exactly the kind of thing you'd want to have an agent explain in detail.

two separate adjudication issues means it could take longer to resolve. both need to close before you'd get paid. definitely worth using every avenue possible to get it resolved faster including calling in.

I hadn't thought about this. I have a decent enough relationship with my former manager even though the company let me go. Maybe I can reach out and just ask them to make sure they've responded to EDD.

yeah a quick heads up to your HR contact can sometimes speed things up significantly. they're supposed to respond within a certain timeframe but especially at smaller companies these things get lost

Just be careful about how you frame that conversation. You don't want your former employer to feel like you're pressuring them or for it to come across weird. A simple 'just following up to make sure you received and responded to any EDD paperwork about my claim' is fine.

Yes, I collected UI starting at about 8 weeks postpartum after my adjudication cleared. Filed at 35 weeks pregnant after my layoff. Got all my back weeks paid once it resolved. It absolutely is possible, just takes persistence.

There are also published California UI appeals decisions showing claimants who won benefits in these situations. It's not unheard of - it just requires being prepared to demonstrate you genuinely meet the able and available standard.

That's terrifying. I'm already 3 weeks in with no payment and I feel like I'm running out of time financially.

just keep certifying every week no matter what. even if your claim is in adjudication you have to keep submitting your weekly certs or you won't get backpay for those weeks when it finally resolves

This is important advice - please do keep certifying every single week even during adjudication. If the hold is eventually lifted EDD will pay all your pending weeks but only if you certified consistently. Missing weeks means losing those payments permanently.

I didn't even think to look at other programs. I'll look into CalWORKs. I've been so laser focused on the EDD claim that I haven't thought about alternatives for bridging the gap.

Note that CalWORKs has its own income/asset requirements and UI benefits you receive would count as income if you're enrolled in both. But while UI is pending and you have no income it shouldn't be an issue. Worth exploring.

7 weeks is way too long, definitely escalate however you can. Claimyr worked well for me, hope you get it resolved soon.

good luck! once you actually get through to a rep who can see your file it makes such a difference. the reps can actually do things through the phone that you can't do through the portal

This is great news!! Yes get that doctor's letter in ASAP. So glad you were able to get through to someone. That's exactly the kind of specific guidance that only comes from someone actually looking at your claim.

Great update. For the job search documentation - keep a log with date, employer name, position title, how you applied, and contact information. EDD can audit job search records so being thorough from the start saves headaches later.

Really happy this is moving forward for you. Please do update us when your claim clears - it'll be helpful for others searching for this same situation.

Thank you for updating us!! This whole thread has been so informative. Fingers crossed for you!

This is an excellent summary. Should be pinned at the top of this thread honestly.

Agreed, and I'd add: when in doubt, consult the actual California Unemployment Insurance Code or contact a legal aid organization that handles employment law. There are free resources available especially for pregnancy discrimination situations.