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

I'm in a tough situation and desperately need some income advice. I started my job last November and recently had my baby. I applied for short-term disability but was flat-out denied because pregnancy was considered a 'pre-existing condition' since I was already pregnant when I started the job. Now I'm on maternity leave until October 1st with absolutely ZERO income coming in. My savings are disappearing fast and I'm getting really worried. I technically still have my job (they're holding my position), but I'm not getting paid at all during this leave. Would I qualify for Texas unemployment benefits in this situation? Has anyone been through something similar or know if TWC would approve a claim while on maternity leave? I'm so confused about what counts as 'unemployed' in this case.

Liv Park

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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.

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Charlee Coleman

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Thank you for the info. That's what I was afraid of... I am on WIC already but it only helps with food for me and the baby, not bills. I'll look into TANF. Do you know if there's any appeal process for the short-term disability denial? That seems so unfair.

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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!!

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Charlee Coleman

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Ugh, that's so disappointing to hear but thank you for sharing your experience. Did you find any other assistance programs that helped during that time?

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Ryder Greene

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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.

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Charlee Coleman

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I feel this so much. I'm already stressing about the mounting bills instead of being able to focus on my newborn. Did you try applying for any other programs that actually helped?

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Carmella Fromis

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

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Charlee Coleman

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I've been trying to get through for 3 days with no luck. Just constant busy signals or being put on hold forever before getting disconnected. It's incredibly frustrating.

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Theodore Nelson

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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.

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Charlee Coleman

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Thank you! I'd never heard of this service before. Honestly at this point I'd try anything to get an actual person on the phone who can tell me definitively if I have any options.

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AaliyahAli

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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

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Charlee Coleman

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Yes, I'm on FMLA leave but that just protects my job - it doesn't provide any income. Texas doesn't have paid family leave like some other states do, unfortunately.

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Ellie Simpson

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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.

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Charlee Coleman

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Thank you for such a detailed response! This is really helpful information. I'll definitely contact Texas 211 and check with Texas Workforce Solutions about emergency assistance. I appreciate you confirming the unemployment situation - at least now I won't waste time applying for something I don't qualify for.

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Liv Park

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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.

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Carmella Fromis

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those pandemic programs all ended years ago in 2021. my cousin tried recently and they said those r completely gone now

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Charlee Coleman

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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.

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