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Pedro Sawyer

Can you collect unemployment after having a baby? Texas TWC situation

My job ended right around the time I had my baby and I'm trying to figure out if I can even file for unemployment. Here's what happened - I was working full time at a logistics company and went on leave when I got close to my due date. While I was out they eliminated my position entirely, so I never had a job to go back to. HR sent me a letter saying the role was cut as part of a restructuring. I didn't quit, they just got rid of my job while I was on leave. I filed a claim with Texas TWC about two weeks ago but haven't heard anything back and I'm honestly not sure if I even qualify since I technically wasn't working when the separation happened. Has anyone dealt with something like this? Does having a baby affect whether you can get benefits?

The way TWC looks at this is whether you were actually let go or whether you chose to leave. What you're describing - your position being eliminated while you were on leave - that's a layoff, not a quit. The company ended your job, you didn't walk away from it. That's a totally different situation than someone who left because they had a baby and wanted to stay home. So yes, you should be eligible to file and TWC should treat it as an involuntary separation.

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That's what I figured but I wasn't sure if the leave complicated things. The letter from HR specifically says 'position eliminated due to restructuring' so I have that in writing at least.

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Keep that letter somewhere safe. If TWC reaches out for more info on your separation that document is exactly what they'll want to see.

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My position got eliminated too while I was out for surgery last year and I got approved no problem. The key really is that you didn't choose to leave, the company made that call.

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There's an important piece here that trips people up though - you have to actually be able and available to work full time every week you're claiming benefits. With a newborn that's the part worth thinking through honestly. If you're ready and looking for work then you're fine, but TWC does ask that question on every payment request and you have to be truthful about it.

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Yeah I've been thinking about that. My mom is nearby and can help with childcare so I do intend to go back to work. I'm actively looking already actually.

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This is the part that actually matters most in this situation. The separation being a layoff clears one hurdle but being available for work is an ongoing requirement every single week.

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My cousin ran into this - she was available but hadn't lined up childcare yet and TWC asked her about it during adjudication. Just be ready to explain your situation clearly if they ask.

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For reaching TWC directly about your claim status - I used claimyr.com when my own claim went quiet for weeks after I filed. It holds the phone line for you and connects you when a live agent picks up. I needed to ask why my claim was sitting without any determination and the agent explained exactly which employer response they were waiting on. Worth trying if you want answers faster than waiting for mail. There's a video showing how it works at https://youtu.be/V-IMvH88P1U

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Getting through to an actual person would help so much. I have specific questions about my situation that I can't find answers to online.

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I'll give that a try - I've been trying to understand why my payment requests aren't showing anything processed and a real agent would actually be able to tell me.

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Calling TWC directly is really the only way to get real answers on a specific claim. The website gives you status but not explanations.

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Something that might matter for your claim - your base period wages. Texas TWC calculates what you can get based on what you earned in roughly the first four of the last five completed calendar quarters before you filed. If you were working full time before your leave that should be in your base period and counts toward your eligibility. The concern would only be if you had very low wages in that window for some reason.

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I was working full time for about 18 months before leave so I should have solid wages in that period. Good to know that's what they're looking at.

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The base period thing confused me too when I first filed. Basically it's looking back at what you earned before, not what you were doing right when you filed.

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TWO WEEKS with no word is actually pretty normal unfortunately. After you apply, TWC sends a notice to your last employer and they have about two weeks to respond to it. Then TWC makes a determination and that whole process from start to first payment is usually around four weeks. So you might be right on track even though it feels like nothing is happening.

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That timeline actually helps. I keep checking UBS every day and nothing has changed so I was starting to panic.

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UBS only updates overnight so checking multiple times a day won't show anything new until the next morning anyway.

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Four weeks feels forever when you're waiting on money but yeah that's pretty standard. First payment usually only covers one week too so just be ready for that.

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Make sure you're doing your work search activities every week even while waiting for a decision. TWC mails you a letter with how many activities you need to do weekly - it depends on what county you're in. Harris, Dallas, and a few other big counties require five a week. Keep a log because TWC can ask for it whenever they want.

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I did get that letter and I've been keeping track. I'm in Bexar County so five activities per week. Already have my WorkInTexas.com account set up too.

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The work search log requirement is real - I know someone who got flagged during a random audit and had to prove all their activities from weeks earlier. Write down everything.

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WorkInTexas.com is good for logging activities because it creates a record automatically for the ones you do through the site.

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To go back to the available-for-work question - your own medical recovery after having a baby is actually one of the situations TWC recognizes. If there were weeks where you physically weren't able to work yet, that's something that could come up in your claim. The rule is that you need to be able to work full time every week you're claiming. So if you filed starting from a week when you were already recovered and ready to go, you should be fine. Just don't claim weeks where you honestly weren't able to work.

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I waited until I felt fully recovered before filing. I wanted to be honest about it and I didn't feel right claiming for weeks when I was still healing.

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That's the right call honestly. Claiming weeks where you weren't available would be a problem. Starting from when you were actually ready to work is exactly how it should work.

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Exactly right. The claim starts the Sunday of the week you apply so you weren't claiming anything before that anyway.

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NOBODY told me about the waiting week when I filed and it was so frustrating. Even after everything gets approved and you start receiving payments, TWC holds your first payable week until you've been paid twice your weekly amount AND you either go back to full time work or use up all your benefits. So your first payment usually only covers week two, not week one. Week one still gets paid eventually but not right away.

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Wait so I won't see payment for my first week right away? That's annoying but good to know in advance rather than be confused about it later.

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To be precise about the waiting week - you need both things to happen: get paid at least twice your weekly benefit amount, AND either return to full time work or run out of benefits. It's not just two payments and then it releases automatically.

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Yeah that's right, both conditions have to be met. I worded it a little sloppy above. It's not lost though, it just waits.

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My sister went through something similar - she was let go while on maternity leave and filed with TWC. Her claim went into adjudication because the employer disputed the reason for separation. They claimed she had resigned which was completely false. She appealed and won but it took extra weeks. If your former employer pushes back saying you quit, you'll want that restructuring letter ready to submit as evidence.

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That's honestly my biggest fear - that they'll say I quit or abandoned my position. The letter should prove otherwise but it's nerve wracking to think about.

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If it goes to adjudication or appeal, the written documentation you have is really valuable. A letter on company letterhead saying position eliminated due to restructuring is strong evidence for your side.

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Appeals happen over the phone with a hearing officer. You'd have a chance to explain and submit your documents. It's not as scary as it sounds but hopefully it doesn't come to that.

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Genuine question - does it matter that she was technically on leave when the layoff happened? Like does TWC treat that differently than getting laid off on a regular workday?

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For TWC's purposes what matters is the reason the employment ended, not the circumstances of when it happened. Being on approved leave when a position gets cut doesn't change the nature of the separation - it was still the employer's decision to end the employment. That's what TWC is looking at.

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Right, the leave itself is kind of irrelevant to the unemployment question. The company eliminated the job, that's the separation, and that's what TWC evaluates.

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Payment requests are separate from your initial application - just want to make sure you know that. After you apply you have to request payment on a schedule (the date is in your mailed instructions) and then every two weeks after that. Don't wait for your eligibility determination to come through before making your requests. Keep making them on time regardless of what the claim status shows.

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I did not know this and I might have missed my first payment request window. Going to log in to UBS right now and check.

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You can still file a payment request Thursday through Saturday of the week you missed your Sunday-Wednesday window. After that week it gets more complicated, so check soon.

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The mailed instructions tell you your specific first request date. If you can't find them, checking UBS or calling in through Tele-Serv might show you what's pending.

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I want to clear up something that gets said wrong a lot - TWC is not just for people who got fired. People say 'you only qualify if your employer fires you' and that's not accurate. Layoffs, position eliminations, company closures - all of those count as involuntary separations. What doesn't qualify you is quitting for personal reasons without what TWC considers good cause connected to the job. Your situation is exactly what unemployment is designed for.

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The confusion comes from people thinking you have to be 'fired' specifically. The real question is whether you chose to leave or the employer ended it. Big difference.

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And even some quits can qualify - there are specific work-related reasons TWC recognizes as good cause for leaving. But a layoff like this doesn't even get into that territory.

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Weekly benefit amount is calculated from your highest earning quarter in your base period divided by 25. The max anyone can get in Texas right now is $619 a week. So if your best quarter was, say, $18,000 then your weekly amount would be around $720 but it caps at $619. Good to calculate roughly what you might get so you're not surprised.

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That's helpful context. I made decent money so I'll probably be somewhere near the cap which helps.

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Don't forget taxes - unemployment benefits are taxable federal income. You can elect to have 10% withheld automatically or deal with it at tax time. Something to decide when you're setting up your account.

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The ID.me verification step catches a lot of people off guard. If TWC sends you a notice to verify your identity you do it online through ID.me - when it asks you just choose 'Allow and Continue.' Not finishing that step delays or stops your benefits entirely. Keep an eye on your mail and your UBS account for any notices like that.

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I did get that notice actually and I completed it already. Wasn't sure what it was for but I went through it.

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Good that you caught that. Missing the ID.me step is one of the most common reasons claims stall out - people just don't realize it's required.

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The verification went smoothly for me too. The ID.me site walks you through it pretty clearly, it just catches you off guard if you're not expecting it.

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Reporting income correctly if you pick up any work while your claim is active is really important. If you do any freelance, gig work, or even babysitting for pay, you report the gross amount for the week the work happened, not when you get paid. You get to earn up to 25% of your weekly benefit amount without any reduction. Above that it starts to reduce your payment dollar for dollar. Just keep it accurate.

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Good to know. I'm not planning to work while looking but just in case I do any small jobs I'll make sure to report them.

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Self-employed or gig work you'd report your net profit instead of gross. Everything else gross. The payment request form asks week by week so just answer it honestly each time.

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Coming back to the original question about whether having a baby affects eligibility - just to be really clear for anyone finding this later: having a baby by itself doesn't disqualify you. What matters is whether you chose to stop working because of it, or whether your employer ended your employment. If you left your job to stay home with the baby, that's usually not payable. But if you were laid off, restructured out, or let go while on leave, your situation is treated the same as any other involuntary separation. The baby doesn't enter into it.

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This is basically exactly my situation described precisely. The baby didn't cause my separation - my company's restructuring decision did.

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Worth adding - if someone did quit because of pregnancy-related medical issues that prevented them from working, TWC does consider your own illness or injury as one of the potentially payable non-work reasons. But you'd still need to be able and available for work now.

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Right, there's a difference between 'I quit to be with my baby' which typically doesn't qualify, and 'I couldn't physically work due to medical issues related to pregnancy' which could qualify under the illness or injury provision.

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Used claimyr.com to reach a TWC agent about my own adjudication last month. I needed to know if my former employer had responded to their notice yet - the agent looked it up and told me they hadn't responded and that TWC would be making a default determination soon. Really specific answer I never would've gotten from the website.

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Knowing that TWC can make a determination even if the employer doesn't respond is actually reassuring. I've been worried they'd just sit on my claim forever.

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Yeah if an employer misses their response window TWC generally goes ahead and processes the claim without it. It doesn't automatically mean you get approved but the process keeps moving.

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One thing people don't realize - if TWC determines you owe money back for any reason later, they have to collect it no matter what. There's no hardship exception and they don't forgive overpayments. So make sure everything you report is accurate from the start. Getting money and then having to give it back plus a penalty is a terrible situation.

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The penalty part is what gets people. If TWC finds you intentionally left out information it's the overpayment amount plus 15%. Not worth it, just report everything honestly.

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This goes for severance too - if your old company paid you any severance you have to report it when you apply and on your payment requests. TWC will make a determination on how it affects your claim.

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No severance in my case, they just handed me a letter and that was it. But good to know for anyone who does have that situation.

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My claim took almost exactly four weeks from application to first payment. First payment only covered week two like others mentioned. Week one came later. The whole process felt opaque while it was happening but looking back it followed the standard timeline. If you're at two weeks now you're probably about halfway through the wait.

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Halfway feels a lot better than 'just started.' I can deal with two more weeks knowing there's an end point.

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Same experience here roughly. The first payment arriving is a huge relief even when it's just the one week. After that they process pretty quickly - usually within two business days of each payment request.

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Just want to flag for the original poster - keep checking UBS daily even if nothing seems to be happening. Status updates only come through overnight and TWC might need you to respond to something. Missing a notice can cause delays. Also Tele-Serv at 800-558-8321 gives you claim status info any time, automated, so you don't have to get through to a person just to check status.

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I've been checking UBS every morning already but I didn't have the Tele-Serv number saved. Adding it now.

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Tele-Serv is underrated for status checks. You don't have to wait on hold, it just reads you your current status. Saves a lot of time compared to trying to get a live person for basic info.

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And you can actually do your payment requests through Tele-Serv too, Option 1. Good to have as a backup if UBS is being slow.

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For the appeal process just in case - if you get a determination you disagree with, you have 14 calendar days from the date printed at the top of the letter to file your appeal. You can do it right in UBS. After that it goes to a telephone hearing with a hearing officer. Keep making your payment requests on schedule the entire time an appeal is going on, every two weeks without fail - they only pay weeks you requested on time.

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Fingers crossed I won't need it but it's good to know the process. The 14 day window is tight - I'd need to act fast if something came back wrong.

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The 14 days goes fast. Put a reminder in your phone for when to check mail if you're waiting on a determination. Missing that window means you lose the right to appeal that specific decision.

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And the appeal hearing is by phone, not in person, which makes it a lot less intimidating. You'd just register your phone number before the scheduled time and wait for the call.

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Used claimyr.com last week to reach an agent about my work search requirement - I'd moved to a different county and needed to know if my required number of activities had changed. Agent confirmed it went from three to five a week. Quick call, got a real answer. Sometimes you just need a human on the phone.

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Five a week is a lot to track. Good to know you can call and confirm your specific number if you've moved or if the letter got thrown away.

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The letter TWC mails is what officially sets your requirement but calling to confirm is smart especially if your situation changed.

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