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?
18 comments
Join the conversation
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
0 coins
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.
0 coins
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!!
0 coins
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. 😞
0 coins
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
0 coins
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?
0 coins
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!!!!
0 coins
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
0 coins
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.
0 coins
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!
0 coins
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.
0 coins
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.
0 coins
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?
0 coins
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.
0 coins
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
0 coins
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.
0 coins
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.
0 coins
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.
0 coins