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Pregnant and my employer wants me to file for unemployment instead of maternity leave - is this legal?

I work for a small business with only about 12 employees. I'm currently pregnant with my second child, due in early December. My boss is suggesting that when I need to take time off for childbirth, I should file for unemployment and claim I was laid off rather than telling the truth about my pregnancy. This happened with my first pregnancy in 2023 too. Back then, my boss told me to file for unemployment "because they pay into it for a reason." When I was honest on my application and said I needed time off for a baby, I was denied benefits. Eventually my employer just paid me $400 a week for the 8 weeks I was out. Now with baby #2 coming, they're telling me to file for unemployment again, but this time to say I was laid off and not mention the pregnancy at all. They promise my job will be held for me (they genuinely can't afford to replace me) with a return date of February 1st. They said I "should get paid no problem" and won't have to report looking for work. They mentioned our company numbers are down from last year, so they have a "legitimate reason" to lay someone off if unemployment asks questions. When I asked some friends about this, they said it sounds like unemployment fraud. I also talked to my assistant manager who agreed it seems fishy and advised against it. My biggest worry is that when I file taxes, I'll have unemployment income during the exact dates I had a baby, whom I'll be claiming as a dependent on my taxes. I'm really stressed about this. My employer has been good to me in many ways, and I don't want to get them in trouble, but I also don't want to commit fraud. I do need some income while on maternity leave though. Is this legal? Should I go through with filing for unemployment as they suggest?

Hugo Kass

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Is there any chance your employer qualifies for FMLA? The cutoff is 50 employees within 75 miles, but sometimes small businesses are actually part of larger corporate structures that might push them over the threshold. Also, have you looked into whether your state has any pregnancy accommodation laws? Some states have protections that kick in at lower employee counts than FMLA. Might be worth checking what your state offers specifically.

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I'm sure we don't qualify for FMLA - we're truly a small independent business with just 12 employees total. I did check into my state's laws and unfortunately we're in a state with minimal protections beyond the federal requirements. I'm going to look into the temporary disability option that a few people mentioned. I had no idea that might be available to me! And I'm definitely not going to file for unemployment fraudulently. After reading everyone's comments, I can see that's a terrible idea that could come back to haunt both me and my employer.

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Your employer might not understand that unemployment agencies often cross-check data with the IRS. When you claim a new dependent (your baby) with a birthdate that matches your "layoff" period, it creates an obvious red flag. I process payroll for a small business and this kind of stuff gets caught more often than people think.

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Khalil Urso

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This is so true. My sister works for our state's unemployment department and they absolutely compare birth records with unemployment claims. They also check social media sometimes. Someone at her office caught a claimant posting about their new baby on Facebook during the exact period they claimed to be "laid off" and actively seeking work.

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Ezra Beard

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One thing nobody's mentioned yet - if your wife is in construction, she should ABSOLUTELY be tracking any meals she buys when working at job sites far from her usual work area. Construction contractors can deduct 100% of those meals for 2023 (normally it would be 50% but there's a temporary COVID relief provision). Also, if she's buying any small tools under $2,500 each, look into "de minimis safe harbor election" which lets you deduct them immediately instead of depreciating them.

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Wait what? 100% of meals can be deducted? I thought that was only for actual businesses, not independent contractors? And what counts as "far from usual work area"? Like is that a specific mile range?

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Ezra Beard

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Independent contractors ARE businesses - that's the whole point of being a contractor instead of an employee. As long as your wife files a Schedule C, she's operating a business and qualifies for these deductions. For the "far from usual work area" definition, there's no specific mile requirement in the tax code, but the general rule is that it needs to be far enough that it wouldn't be reasonable to return home for meals. Most tax professionals consider anything requiring an overnight stay or sites more than 50 miles from your home base to clearly qualify, but even shorter distances can work if there's a business necessity to remain on-site.

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Hey one quick question about mileage deduction - my husband is also in construction and we've been tracking his mileage, but does driving from home to the first job site count? And from the last job site back home? Or only between job sites during the day?

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Aria Khan

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I'm not a tax pro but I've been a contractor for 6 years. The drive from home to first job site and last job site to home are considered personal commuting miles and NOT deductible. Only the miles between job sites during the day count as business miles. EXCEPTION: If you have a qualifying home office that serves as your principal place of business, then drives from home to job sites CAN be deductible business miles.

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CyberSiren

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I use a combination of digital and physical systems. For physical receipts that I need to keep (like major purchases), I use an expanding file folder with 12 pockets - one for each month. Anything business-related gets highlighted. At tax time, I just grab the whole thing. For everyday receipts, I use the Microsoft Excel app on my phone that lets me snap a pic, categorize it, and it automatically adds the amount to my expense tracking spreadsheet. It takes like 30 seconds per receipt but saves hours at tax time. The key for me was making a habit of dealing with receipts immediately - either toss them if they're not tax-relevant or process them right away. No more receipt piles!

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Do you need to maintain the physical receipts for tax purposes or are the digital scans enough if you get audited? I'm trying to go completely paperless but worried about IRS requirements.

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CyberSiren

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The IRS actually accepts digital receipts as long as they're legible and contain all the required information (date, amount, vendor, etc.). The key requirement is that digital records must be as accurate as paper ones and accessible throughout the period of limitations for assessment. For most situations, scanned receipts are perfectly fine for audit purposes. I still keep physical receipts for major purchases or anything unusual that might raise audit flags, but for day-to-day business expenses, my digital system has been sufficient. I had a small business tax review a couple years ago and my digital documentation was completely accepted without issues.

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Zainab Yusuf

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Has anyone tried those receipt organizers that scan and automatically tag receipts for tax purposes? I saw a few on Amazon but the reviews are all over the place. My tax situation isn't super complicated but I def need a better system than my current "shoebox full of crumpled paper" approach lol

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I tried the NeatReceipts scanner last year and honestly it was pretty disappointing. The software was clunky and it misread a lot of receipts. I had better luck with a regular document scanner app on my phone plus a simple spreadsheet to track categories. Way cheaper too!

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Another thing to consider - the $600 threshold isn't consistent across all crypto activities. Mining, staking rewards, and airdrops have different reporting requirements than trading. For example, mining rewards are reported as income when received (not capital gains), and then you have a capital gain/loss when you eventually sell those coins. Super confusing!

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Jamal Carter

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The whole system seems designed to confuse us. I've been holding some coins for years - do I seriously need to go back and figure out what I paid for them if I sell now?

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This might be a dumb question, but do I only report when I sell crypto for USD? What about trading one crypto for another? I swapped some BTC for ETH but never converted to actual money.

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Zara Malik

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Not a dumb question at all! Trading one crypto for another (like BTC for ETH) is absolutely a taxable event, even if you never converted to USD. The IRS treats it as if you sold the BTC for USD at market value, and then used that USD to buy the ETH. You have to calculate and report the gain/loss on that BTC based on what you originally paid for it versus its value at the time you traded it. This is one of the most overlooked aspects of crypto taxes that catches people by surprise!

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Just a practical tip from someone who's been in your shoes - with your income levels and having a child, you might actually get a refund rather than owing money. The Child Tax Credit is currently $2,000 per qualifying child, which can significantly offset your tax liability. Instead of focusing on allowances (which aren't even used anymore), I'd recommend having a small additional amount withheld from each paycheck if you're worried. Even just $20 extra per paycheck between the two of you would give you a nice cushion against owing anything.

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Melody Miles

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So does the Child Tax Credit mean you get $2,000 back regardless of what you owe? Like if I owed $500 in taxes would I still get $1,500 back? I'm confused about how credits work vs. deductions.

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The Child Tax Credit reduces your tax liability dollar-for-dollar, up to $2,000 per qualifying child. It's different from a deduction, which only reduces your taxable income. For example, if you would owe $3,000 in taxes without the credit, the Child Tax Credit would reduce that to $1,000. If you would only owe $1,500 in taxes, the credit would reduce your liability to zero, and you'd potentially get some of the remaining credit as a refund (up to $1,400 per child is refundable). The refundable portion means you can receive it even if you don't owe any tax.

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Has anyone else noticed that OP mentioned allowances but doesn't realize the W-4 form changed years ago? My company finally updated their system last year and it was so confusing to switch over.

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Eva St. Cyr

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Yeah but some payroll systems and local forms still use allowances terminology. My company's internal system still asks for "allowances" even though they translate it to the new system behind the scenes. Super confusing for everyone.

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Good point! I didn't consider that some employers might still be using the old terminology internally. That makes the situation much more confusing for employees trying to figure out their withholding. Seems like a lot of companies have outdated systems that don't match current tax forms.

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