Can I apply for TWC unemployment while on unpaid maternity leave with denied short-term disability?

Unfortunately, you probably won't qualify for unemployment in this situation. TWC typically requires that you're able and available to work full-time, actively seeking work, and separated from your employer through no fault of your own. Since you're still employed and on an approved leave, you don't meet those criteria. Being on maternity leave (even unpaid) means you're not considered 'available for work' which is a key requirement. Have you checked if you qualify for Temporary Assistance for Needy Families (TANF) or WIC? Those might be better options for your situation.

congrats on ur baby! i tried filing for unemplyment when i was on unpaid medical leave last yr and got denied right away. they sent me a letter saying i wasnt eligble bc i still had a job even tho i wasnt getting paid. super frustrating!!

This system is COMPLETELY RIGGED against mothers!! You can't get disability because pregnancy is a "pre-existing condition" (ridiculous!) and you can't get unemployment because you technically have a job, but NO ONE PAYS YOU. I went through the EXACT same thing in 2023 and it was a nightmare. The insurance companies and government agencies just pass you back and forth until you give up. I ended up having to use credit cards and borrow from family. It's disgusting how this country treats new mothers.

have u tried calling TWC directly to ask? sometimes the rules have exceptions that aren't obvious online. might be worth a shot.

When I needed to reach TWC last year during my claim issues, I used a service called Claimyr (claimyr.com) and actually got through to a rep in about 20 minutes after trying for days on my own. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Even if you might not qualify, it's worth getting an official answer directly from TWC about your specific situation. Sometimes there are exceptions for special circumstances, and your case has some unusual factors with the disability denial.

my sister is going thru something similar right now...have u checked with ur HR dept about FMLA? sometimes there r state programs that help during family leave even when the company benefits dont cover it

I work in HR and can provide some accurate information. Unfortunately, TWC unemployment is not an option while on maternity leave, even unpaid leave. The key requirements for TWC benefits include being available for full-time work and actively searching for work (minimum 3 work search activities weekly). Since you have a return-to-work date and aren't actually seeking new employment, you wouldn't qualify. Regarding your short-term disability denial: if your policy has a pre-existing condition exclusion period (typically 6-12 months), that's legally enforceable. However, you may want to: 1. Ask your HR department if they offer any company-specific leave supplements 2. Check eligibility for TANF through Texas Health and Human Services 3. Look into local community programs for new mothers 4. Contact Texas Workforce Solutions for emergency assistance programs Texas 211 can also connect you with additional resources.

One other thing to consider - if you do reach TWC and they confirm you're not eligible for regular unemployment, ask specifically about any pandemic-related programs that might still be available. Some of those had different eligibility requirements than standard unemployment.

UPDATE: I wanted to thank everyone for their advice. I used Claimyr to finally reach TWC yesterday, and the agent confirmed I'm not eligible for unemployment while on maternity leave. However, they did direct me to some emergency assistance programs through Texas Workforce Solutions that I'm applying for now. Also filed for TANF and reached out to a local community program for new mothers that might help with some bills. It's not a perfect solution, but at least I have some potential options now. This has been such a stressful time.

I'm so sorry you're going through this - what an incredibly difficult situation to navigate while caring for a new baby! From what others have shared, it sounds like you've gotten some solid leads now with the emergency assistance programs and TANF. One additional resource that might help is contacting your local churches or community organizations - many have emergency funds specifically for situations like yours, even if you're not a member. Also, some food banks offer more than just food - they sometimes have baby supplies, diapers, and even utility assistance programs. You mentioned your savings are disappearing fast - if you haven't already, it might be worth calling your utility companies, mortgage/rent company, and credit card companies to explain your situation. Many have hardship programs that can temporarily reduce or defer payments during family leave. Hang in there - you're doing everything right by seeking out all these resources. This is temporary, and you'll get through it! 💙

I just wanted to add that many hospitals have financial assistance programs that can help with medical bills from your delivery, which might free up some money for other expenses. Most people don't know about these programs, but they're required to offer them. You usually need to apply within a certain timeframe after your delivery, so if you haven't looked into this yet, it's worth calling the billing department of where you delivered. Also, check if your area has a Healthy Families program - they often provide home visits from nurses and can connect you with local resources for new moms that aren't widely advertised. Some even have emergency diaper and formula funds. You're handling this with such strength during what should be a peaceful bonding time with your baby. I really hope some of these assistance programs come through for you soon!

I'm a case worker with Texas Health and Human Services and wanted to add a few things that might help. When you apply for TANF, make sure to mention that you're on unpaid maternity leave - they have specific provisions for this situation that can expedite your application. Also ask about the Supplemental Nutrition Assistance Program (SNAP) if you haven't already - the income limits are higher than TANF and you may qualify even if TANF doesn't work out. One thing people often miss is that Texas has a Temporary Emergency Services program through local community action agencies that can help with utility bills and rent - these are separate from TWC and don't have the same employment requirements. You can find your local agency at txcommunityaction.com. Also, since you mentioned your short-term disability was denied for pre-existing condition, document everything about that denial process. If your employer didn't properly inform you about the waiting period during hiring, there might be grounds for appeal. Some employment attorneys will do free consultations for these cases. Hang in there - the system is complicated but there are safety nets available, they're just not well publicized.

I'm so sorry you're dealing with this impossible situation - it's absolutely maddening how the system leaves new mothers with zero support. I went through something similar when I had my daughter and the stress was overwhelming. One thing that really helped me was applying for emergency assistance through 211 Texas - you can call 2-1-1 or visit 211texas.org. They connected me with local charities that had emergency funds specifically for new parents, including some that helped with rent and utilities. Many of these programs don't require you to be unemployed in the traditional sense. Also, if you're breastfeeding, some lactation consultants and pediatrician offices have connections to mom-specific emergency funds and can provide formula samples if needed. My pediatrician's office actually had a social worker who knew about resources I'd never heard of. It sounds like you're already pursuing the right avenues with TANF and the TWC emergency programs. Don't give up - this is temporary even though it feels endless right now. You're doing an incredible job advocating for yourself and your baby during what should be a peaceful time. The system is broken, not you.

I'm a Texas employment attorney and wanted to add some important legal perspective here. First, everyone is correct that you won't qualify for TWC unemployment while on protected leave - that's well-established. However, regarding your disability denial - the "pre-existing condition" exclusion your employer used may not be legally sound if they didn't properly disclose the waiting period terms during hiring. Under Texas Insurance Code, employers must provide clear disclosure of benefit limitations. If you specifically asked about maternity coverage during the hiring process and weren't told about pre-existing condition waiting periods, you may have grounds for appeal or even a bad faith claim. I'd recommend requesting your complete benefits enrollment documentation and any communications about maternity benefits from when you were hired. Many short-term disability denials for pregnancy are overturned on appeal when the exclusion wasn't properly disclosed. Also, check if your employer offers any supplemental benefits like an Employee Assistance Program (EAP) - these sometimes include emergency financial assistance that isn't widely known. The system absolutely shouldn't work this way, but there may be more options than you initially thought. Consider a free consultation with an employment attorney if the disability documentation doesn't look right.

I'm a former TWC claims specialist and wanted to add one more resource that might help bridge the gap while you're waiting on other assistance programs. Check with your local United Way chapter - many have emergency rent/utility assistance funds with much faster processing times than state programs (sometimes within 48-72 hours). You can find your local chapter at unitedway.org. Also, since you mentioned credit cards and mounting bills, contact the National Foundation for Credit Counseling (NFCC.org) for free debt counseling. They can help negotiate payment plans and temporary hardships with creditors, which might give you breathing room while the other assistance programs process. One thing I learned working at TWC is that many people don't realize food pantries often have baby supplies beyond just food - diapers, formula, even sometimes baby clothes. This can free up money in your budget for utilities and rent. You're handling an incredibly difficult situation with such determination. The gap in coverage between having a job (but no pay) and being unemployed is a real problem in our system that affects thousands of Texas families. Keep pushing forward with those applications - help is out there, it's just unfortunately scattered across different agencies and programs.

I just wanted to say how impressed I am by your persistence in finding resources despite facing such an overwhelming situation with a newborn. Reading through all the advice you've received, it's clear you're being incredibly proactive in pursuing every option available. One additional resource that might help is checking with your county's health department - many have maternal health programs that include emergency assistance for new mothers that aren't well-publicized. They sometimes have different eligibility requirements than the state programs and can move faster. Also, if you're comfortable with it, consider creating a GoFundMe or similar crowdfunding campaign. Many people are willing to help new parents in crisis situations, and it can provide some immediate relief while you're waiting for the official assistance programs to process. The legal advice about your disability denial is spot-on - definitely pursue that angle since proper disclosure of benefit limitations is required. That could be your best path to getting the financial support you deserve. You're doing everything right in an impossible situation. This system that leaves new mothers without support is absolutely broken, but your determination to find solutions for your family is inspiring. Hang in there - you've got this! 💙