Can I get TWC unemployment during maternity leave if job offers no disability coverage?
Hi everyone, I'm due in 4 months and trying to figure out my options. My company (small retail business, only 11 employees) doesn't provide any paid maternity leave or short-term disability. I know I can take FMLA for job protection, but I can't afford 12 weeks with zero income. Someone mentioned I might qualify for unemployment while on maternity leave? Is this actually possible? My manager seemed confused when I asked about it. Has anyone successfully done this in Texas? What exactly would I need to request on the application since I'm not technically being laid off?
26 comments


Zara Rashid
Unfortunately, TWC unemployment benefits generally don't cover maternity leave. Unemployment is designed for people who lost jobs through no fault of their own and are able/available to work. Since you're voluntarily taking leave and technically not available for work during recovery, you typically wouldn't qualify. You might want to look into other options like: - Asking if your employer would consider a part-time arrangement after basic recovery - Checking if you qualify for Temporary Assistance for Needy Families (TANF) - Setting up a payment plan with your medical providers - Talking to your HR about unpaid leave with a gradual return schedule
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Sean Doyle
•Thanks for the reply. That's really disappointing. I was hoping there was some loophole since it feels like I'm being forced into unpaid leave rather than choosing it. I'll look into TANF though, hadn't thought of that option.
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Luca Romano
When I had my baby last yr I tried filing for unemplymnt and got denied right away. They said since I was still technically employed and just on leave I didnt qualify. Plus your supposed to be able & available to work which they said recovery from childbirth doesnt count for. The whole system is messed up for moms!!
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Sean Doyle
•Ugh, that's exactly what I was afraid of. The system really is broken... so basically my only options are to either drain all my savings or go back to work way too early. 😞
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Nia Jackson
I work with unemployment cases, and I need to clarify something important: In Texas, pregnancy and childbirth fall under medical conditions that make you unavailable for work during recovery. TWC specifically requires claimants to be "able and available" for full-time work to qualify for benefits. Now, there is ONE potential exception - if your employer specifically terminated your employment (rather than holding your position under FMLA), you MIGHT qualify after recovery when you're medically cleared to work again. But during actual maternity recovery, you would not qualify. I would recommend: 1. Double-check if your employer offers any short-term medical leave options 2. Look into applying for Temporary Assistance for Needy Families (TANF) through Texas Health and Human Services 3. If you have pregnancy complications that started before delivery, you might qualify for Medicaid for Pregnant Women program 4. Some hospitals offer payment assistance programs worth asking about
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Sean Doyle
•Thank you for such a detailed explanation! I appreciate the clarity even though it's not what I hoped to hear. I'll definitely look into TANF and check if the hospital has any assistance programs. Do you know if there's any circumstance where I could work remotely part-time during leave and still keep some income flowing?
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NebulaNova
The whole thing is RIDICULOUS!! Why doesn't Texas have paid family leave?? Almost every other developed country provides PAID maternity leave but here we're supposed to just magically survive without income for months. And then they wonder why birthrates are dropping!!! The system is completely broken and designed to punish women for having children. I had to go back to work 2 WEEKS after having my son because we couldn't afford the unpaid leave. TWC needs to get with the times!!!!
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Luca Romano
•I know right??!! I went back after 4 weeks and was still in pain but didnt have a choice. My friend in California got 6 weeks PAID leave from the state. so unfair
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Mateo Hernandez
Have you tried calling TWC directly to ask about your situation? Sometimes there are exceptions or programs they don't advertise well. I've been trying to call them about a different issue (separation dispute) and finally got through after using this service called Claimyr that connected me to an agent in about 20 minutes instead of waiting days. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. The website is claimyr.com. Might be worth a try to get a definitive answer straight from TWC about your specific situation.
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Sean Doyle
•I haven't tried calling yet, but that's a good idea to get an official answer. I'll check out that service - I've heard the TWC phone lines are impossible to get through otherwise. Thanks for the suggestion!
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Aisha Khan
My cousin had baby last year and her doctor wrote note saying she had complications and couldn't work for medical reasons not just regular childbirth. She got some kinda benefits but don't think it was regular unemployment maybe disability? Worth asking your doctor about if you have any complications.
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Nia Jackson
•What your cousin likely received was Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), which are federal programs, not state unemployment. These have very specific medical requirements and typically don't cover standard pregnancy/childbirth unless there are significant complications that prevent working long-term (usually defined as 12+ months). Also important to note that SSDI requires sufficient work credits, and both have lengthy application processes, often 3-6 months or longer.
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Ethan Taylor
What about applying for unemployment AFTER your recovery period? Like when you're cleared to work but your employer doesn't have a position for you anymore? I read somewhere that could potentially work. Might be worth looking into?
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Nia Jackson
•This is actually correct, but with important caveats: 1. If you're covered by FMLA (12 weeks job protection), your employer is legally required to hold your position or an equivalent one. 2. If your employer has fewer than 50 employees, they're not required to follow FMLA, so they wouldn't be obligated to hold your position. 3. If your position is eliminated during your leave for legitimate business reasons (not just because you took leave), then yes - once medically cleared to work, you could potentially qualify for unemployment at that point. 4. If you return and your hours are significantly reduced compared to pre-leave, you might qualify for partial unemployment benefits. The key is that you must be medically cleared and actively able/available to work.
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Luca Romano
If your company doesnt do FMLA bc its too small have you thought about maybe quiting and finding a better job with maternity benefits after baby comes? Thats what my sister did and she actually found a better paying job too
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Sean Doyle
•That's definitely crossed my mind! My current job doesn't pay that great anyway, and looking at how they handle maternity leave makes me question if it's worth returning to. I might start looking around now and see what options are out there for after recovery.
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Zara Rashid
To summarize what everyone's saying: 1. Regular TWC unemployment won't cover voluntary maternity leave 2. You need to be able and available for work to qualify for unemployment 3. FMLA doesn't apply to companies with fewer than 50 employees 4. You might qualify for unemployment AFTER recovery if your job doesn't take you back 5. TANF and hospital payment programs are worth looking into I'd recommend getting everything in writing from your employer about their plans for your position during/after leave. That documentation could be crucial if you need to file for unemployment later if they don't rehire you.
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Sean Doyle
•Thank you for this clear summary! You're right - I need to get something in writing from my employer. I'll schedule a meeting with my manager next week to discuss the details and make sure everything is documented. This thread has been incredibly helpful even though the news isn't what I hoped for.
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Cole Roush
I'm in a similar situation and did some research on this. One thing that might help is looking into WIC (Women, Infants, and Children) benefits if you haven't already - it's not cash assistance but can help with nutritional needs during pregnancy and breastfeeding. Also, some churches and community organizations have emergency assistance funds for situations like this. I know it's not the same as unemployment benefits, but every little bit helps when you're facing months without income. Have you considered reaching out to 211 (dial 2-1-1)? They can connect you with local resources and assistance programs you might not know about. The whole system really does need to change - it's ridiculous that we have to scramble like this just to have a baby safely.
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Maya Patel
•This is really helpful, thank you! I hadn't thought about WIC or calling 211 - those are great suggestions. I'll definitely look into both of those options. It's good to know there are at least some resources out there even if unemployment isn't one of them. I appreciate you taking the time to share what you've learned from your research!
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Sayid Hassan
I went through this exact situation two years ago with my first baby. Unfortunately, Texas really doesn't have good options for moms in this position. I ended up having to take out a small personal loan to cover basic expenses during my unpaid leave, which wasn't ideal but kept us afloat. One thing I wish I had done earlier was start a side gig that I could do from home - even something small like freelance writing or virtual assistant work that I could pick up again after recovery. Also, if you haven't already, definitely apply for Medicaid for pregnant women - it covers all your prenatal care and delivery costs, which is one less financial worry. The reality is our state really fails new parents, but you'll get through this. Start reaching out to local mom groups on Facebook too - they often share resources and sometimes have baby gear swaps that can help stretch your budget.
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Omar Zaki
•Thank you for sharing your experience - it's both reassuring and frustrating to know I'm not alone in this situation. The personal loan idea is something I hadn't considered, and you're right about starting to think about remote work options now. I've been putting off applying for Medicaid because I wasn't sure if I'd qualify, but I'll definitely look into that this week. Do you remember roughly how long the application process took? I'm trying to get everything sorted before I get too far along. And I'll definitely check out some local mom groups - that's such a practical suggestion for both support and resources.
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Gemma Andrews
I'm a case worker who helps families navigate these situations, and I want to add a few more concrete resources that might help you bridge this gap: 1. **Texas Women's Health Program** - Beyond Medicaid for pregnancy, this covers family planning and some postpartum care if you qualify income-wise. 2. **Local food banks** - Many have special programs for pregnant/new mothers. North Texas Food Bank, Houston Food Bank, etc. often partner with hospitals to identify families in need. 3. **Utility assistance programs** - LIHEAP (Low Income Home Energy Assistance Program) can help with electric/gas bills during your unpaid leave period. Apply through your local Community Action Agency. 4. **Consider a "hybrid" approach** - Some of my clients have negotiated with employers to work reduced hours remotely during recovery (like 10-15 hours/week doing administrative tasks from home). This keeps some income flowing without violating unemployment eligibility rules. 5. **Document everything** - Keep records of all conversations with your employer about leave policies, return-to-work expectations, and any promises made about holding your position. This protects you legally. The system is definitely broken, but there are ways to patch together support. Feel free to reach out if you need help navigating any of these programs - that's literally what we're here for.
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Zainab Ali
•This is incredibly comprehensive - thank you so much! I had no idea about most of these programs. The hybrid work approach is particularly interesting since I do a lot of the administrative work at my retail job that could potentially be done remotely. I'm going to bring that up when I meet with my manager next week. The utility assistance program could be huge too since that's one of our biggest monthly expenses. I'll start researching my local Community Action Agency this weekend. And you're absolutely right about documenting everything - I've already started a folder with emails and notes from conversations. It's really reassuring to know there are people like you helping families navigate this maze. The system may be broken, but at least there are folks working to help people find the pieces that can help bridge the gaps.
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Jade O'Malley
I'm sorry you're dealing with this stressful situation. As others have mentioned, Texas unemployment typically won't cover maternity leave since you need to be "able and available" for work. However, I wanted to add a few points that might be helpful: Since your company has only 11 employees, they're not bound by FMLA requirements, which actually gives you more flexibility in some ways. You might consider negotiating a gradual return schedule or discussing whether they'd be willing to treat your leave as a temporary layoff with rehire agreement - though this would need to be their decision, not yours requesting it. Also, don't overlook the Earned Income Tax Credit (EITC) when you file taxes next year - having a baby can significantly increase your refund if you qualify income-wise. And if you're planning to breastfeed, many insurance plans now cover breast pumps 100%, which can save you $200+ that you can put toward other expenses. One last thought - start networking now with other parents in your area. Parent groups often have informal job-sharing networks, and you might find remote work opportunities or part-time gigs through those connections that could help during your transition back to work. The whole system definitely needs reform, but you'll find a way through this!
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Javier Torres
•That's a really interesting point about the company size potentially giving me more negotiating flexibility rather than just being a disadvantage. I hadn't thought about it that way! The temporary layoff with rehire agreement idea is intriguing - I wonder if my manager would even consider something like that since they've seemed pretty confused about the whole situation so far. I definitely need to look into the EITC for next year's taxes, and you're right about the breast pump coverage - I should check what my insurance covers there. The networking suggestion is spot on too. I've been so focused on the immediate financial crisis that I haven't thought about building those connections now for potential opportunities later. Thanks for the perspective shift on seeing some of these challenges as potential opportunities for creative solutions!
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