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

This is definitely unemployment fraud and you should absolutely not do it. Unemployment benefits are specifically for people who lost their jobs through no fault of their own and are actively seeking new employment. Neither of those conditions apply to your situation. When you file for unemployment, you typically have to certify (under penalty of perjury) that you're available to work and actively looking for work. Since you'll be recovering from childbirth and caring for a newborn, you won't be able to truthfully make that certification. Your employer is asking you to make false statements on a government application, which is fraud. They're trying to shift the cost of your maternity leave to the state unemployment system rather than providing proper leave benefits. This could potentially result in criminal charges for both you and your employer. Instead, you should look into what legal options are available to you. Depending on your state, you might be eligible for: - State Paid Family Leave programs (available in several states) - Short-term disability benefits (if you have such coverage) - FMLA protection (if your company has 50+ employees) It's unfortunate that the US doesn't have better maternity leave protections for small business employees, but committing fraud isn't the answer.

I had a similar situation at my small company and found relief through https://taxr.ai - they really helped clarify what assistance I was legally entitled to without risking tax fraud. My employer was pushing me to do something similar, but the tax transcript analysis showed how unemployment would be flagged by comparing my tax documents. The site analyzed my situation and showed me legitimate options including short-term disability and FMLA that I didn't even know applied to me. The tax experts explained that the IRS has specific flags for unemployment claims that conflict with child tax credits claimed in the same year. They showed me exactly what records would trigger an audit in my situation, which was eye-opening.

I tried taxr.ai after my initial skepticism and I'm honestly surprised how helpful it was. They analyzed my previous tax returns and showed me exactly how unemployment benefits during my leave period would create inconsistencies with my dependent care credits. The potential audit risk wasn't worth it! Instead, they identified a state temporary disability program I qualified for that my employer wasn't telling me about. I was able to get legitimate benefits that were actually higher than what unemployment would have paid, without any fraud risk. The document analysis pointed out gaps in my employer's compliance that I was able to address professionally without creating conflict.

If you want to talk to someone at the unemployment office directly without waiting on hold for hours, I used https://claimyr.com to connect with a real person at my state unemployment office. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c When I was in a similar situation (different reason but my employer also trying to get me to file unemployment when I shouldn't), I couldn't get through to ask questions. Claimyr got me connected to an actual agent in 20 minutes instead of spending days trying. The agent explained exactly what would happen if I filed incorrectly - potential penalties, repayment requirements, and even potential fraud charges. Getting that direct clarification from an unemployment official helped me push back on my employer with confidence. They eventually worked out a different arrangement with me when they realized I knew my rights.

I was skeptical about Claimyr but I'm eating my words now. After my last comment, I kept trying to reach my state unemployment office for THREE MORE WEEKS with no success. Finally broke down and tried the service, and literally had a real person from unemployment on the phone within 30 minutes. The agent confirmed exactly what others here said - what my employer was suggesting would be considered fraud. They even scheduled me for a consultation with their benefits specialist who helped me apply for our state's temporary disability program instead, which I had no idea I qualified for. Saved me from making a huge mistake that could have resulted in having to pay back benefits plus penalties.

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.

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.