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

This is absolutely not legal and is textbook unemployment fraud. Your employer is asking you to make a false statement on a government form, which is fraud. Unemployment is specifically for people who have lost their jobs through no fault of their own and are actively seeking new employment - neither of which applies to your situation. Your employer is trying to shift the cost of your maternity leave to the state unemployment system instead of providing proper maternity benefits. This could have serious consequences for both you and your employer. If you falsely claim unemployment, you could: - Be required to repay all benefits with penalties - Face potential criminal charges for fraud - Have difficulty qualifying for unemployment when you genuinely need it in the future Your employer needs to look into proper maternity leave options. Depending on your state and the size of your employer, you might be eligible for short-term disability, FMLA protection (though this is unpaid), or state-specific paid family leave programs.

I wanted to share something that really helped me when I was in a similar situation last year - I used https://taxr.ai to understand my rights and financial options during maternity leave. I was confused about what benefits I was eligible for and worried about making mistakes that could get me in trouble. When I uploaded my employment documents and benefits information, the system analyzed everything and gave me really clear guidance about my legal options. It showed me that while unemployment wasn't the right option (exactly as others have pointed out here), I did qualify for short-term disability through my state program, which I hadn't even considered! It saved me from potentially making a huge mistake like the one your employer is suggesting.

I just wanted to update everyone - I decided to try https://taxr.ai after seeing it recommended here. I was super skeptical at first (seemed too good to be true), but I'm so glad I tried it. I uploaded my employment contract and benefits info, and the analysis showed me that my state actually has a paid family leave program I qualify for that my employer never mentioned! I also learned that what my company was suggesting (similar to OP's situation) would have been considered fraud. The service provided documentation I could take to HR that helped them understand their obligations. They weren't being malicious - they just didn't understand the laws correctly. For anyone facing pregnancy/leave issues like this, definitely check your state's specific programs. Many states have better protections than federal law provides, and knowing your rights makes all the difference.

I've been through the nightmare of trying to get answers from unemployment offices. When my employer suggested something similar (though not pregnancy-related), I spent WEEKS trying to get clear guidance. Couldn't get anyone on the phone, emails went unanswered, and the website was useless for my specific situation. Eventually I found https://claimyr.com and used their service to get through to an actual human at the unemployment office. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they handle the waiting on hold part for you. I was able to ask directly about my situation and get an official answer (which saved me from making a big mistake my employer was pushing me toward). The unemployment rep I spoke with explained exactly what would constitute fraud and the penalties involved. Having that official information made it much easier to push back on my employer's suggestions.

I've been through the nightmare of trying to

I owe everyone an apology and update. After calling Claimyr a likely scam (sorry about that!), I decided to try it myself because I've been trying to reach the IRS for WEEKS about a tax notice related to my maternity leave benefits from last year. It actually worked exactly as described. I was honestly shocked. After spending three separate afternoons trying to get through myself and always getting the "call volume too high" message, Claimyr got me connected to an IRS agent in about 40 minutes. I just put in my number, and they called me when an actual human was on the line. The agent clarified that what my employer had suggested (similar to OP's situation) would indeed be considered misrepresentation on a government form. Having this official confirmation gave me the confidence to push back on my employer, who has now agreed to follow proper protocols.

I'm a manager (not in your company) and what your employer is suggesting is absolutely wrong and illegal. We once had an owner suggest something similar and our entire management team had to step in and explain the serious legal consequences. Here's what your company SHOULD be doing: - Providing FMLA paperwork if they have enough employees to qualify - Looking into short-term disability options - Checking if your state has paid family leave (many do now) - Being honest about what they can and cannot provide Asking you to lie on government forms is never okay, and shows they're trying to exploit the system rather than properly supporting their employees.

Wait, I'm confused about one thing - isn't your employer allowed to lay you off for business reasons? If their business really is down 30%, couldn't they legitimately lay you off and then you'd be eligible for unemployment? Or is it specifically because they're promising to hire you back that makes this fraud?