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Aidan Hudson

TWC unemployment during unpaid maternity FMLA - possible or not?

I'm due in 6 weeks and just realized my company's FMLA is completely unpaid (I know, I should've checked sooner). I didn't sign up for Short Term Disability during our benefits period because I honestly thought FMLA meant getting partial pay. Now I'm freaking out about making mortgage payments while I'm out for 12 weeks. Can I apply for Texas unemployment benefits during unpaid maternity leave? I'll still technically have a job to return to, but will have ZERO income during that time. Has anyone done this successfully? My HR just says "FMLA protects your job, not your income" which doesn't help me pay bills! Any advice would be SO appreciated! This first-time mom is seriously stressing about finances right now.

Unfortunately no, you can't get unemployment while on FMLA. TWC requires you to be ABLE to work, AVAILABLE for work, and actively SEARCHING for work. Since you'll be recovering from childbirth and have a job to return to, you won't qualify under those requirements. I went through this last year - it sucks! Your options are pretty limited: 1. Check if your state has paid family leave (Texas doesn't) 2. Talk to your bank about mortgage forbearance 3. See if your employer will let you work part-time remotely 4. Use credit cards/loans to bridge the gap Sorry to be the bearer of bad news! The system really fails new parents.

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Oh no, that's what I was afraid of! 😫 This is so stressful. I'm going to call my bank tomorrow about the mortgage. Maybe I can work part-time the first few weeks before delivery to save up extra... Any other ideas from anyone who's been through this?

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actualy this is not 100% right. if u got fired or laid off WHILE on fmla u could get unemployment, but not just for taking unpaid leave. the TWC rules say u have to be without work through no fault of ur own AND be able/available for work. maternity leave means ur not available, even if its unpaid. honestly the whole system is messed up for parents. im due in 3 months and using all my vacation/sick time + taking shorter leave bc cant afford unpaid time.

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This is correct. You can't get unemployment if you voluntarily take leave from your job, even if it's unpaid. The "available for work" requirement is the key issue here - if you're on maternity leave, you're not available to accept work elsewhere according to TWC rules. I was working for TWC during my last maternity leave and had to use a combination of vacation time, sick leave, and unpaid time. It's a really tough situation.

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Honestly the whole system is BROKEN. I had my baby last year and was SHOCKED that Texas has ZERO protections for new mothers beyond the bare minimum federal FMLA (which is a joke). Other countries give MONTHS of paid leave but here we get... nothing. I ended up taking 8 weeks instead of 12 because we couldn't afford more. It was awful going back that early. Start calling your creditors NOW to see about deferments or reduced payments. Most utility companies have hardship programs too. And don't even get me started on childcare costs when you go back!!! 🤬

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Thank you for the advice about calling creditors - I hadn't thought of that! I'm already dreading the childcare costs too. Did any utility companies actually help you with hardship programs? Which ones were most understanding?

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Ive been thru this exact situation! I had my baby in January & didnt have short term disability either. TWC denied my claim right away saying 'voluntary leave' doesnt qualify for benefits even tho I had no income. Medical reasons for not working dont count for unemployment in TX even if ur not getting paid. i ended up borrowing from my 401k (not ideal but u can do it for 'hardship') and my parents helped some. Also maxed out credit cards tbh. Its ridiculous we have to do this just to have a baby!!

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The 401k hardship withdrawal is actually good to know about. There's a penalty but sometimes you gotta do what you gotta do. Just be aware it's considered taxable income plus the 10% penalty if you're under 59½.

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Has anyone tried calling TWC directly to get clarification? Their website doesn't seem to have much info about maternity leave specifically. I've been trying to reach them for 3 days about a different issue and keep getting busy signals or disconnected. Found this service called Claimyr (claimyr.com) that got me through to an agent in under 15 minutes! They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The agent I spoke with was super helpful. Might be worth calling to get an official answer about your situation rather than guessing.

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I'll check out that service - I've been trying to get through to TWC with no luck. Even if they just confirm what everyone here is saying, at least I'll know for sure. Thanks for the tip!

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this happened to me too!!! i was so mad when i found out fmla was unpaid. like what is even the point??? "congrats you still have a job but good luck paying for anything while you're gone" 🙄 i ended up going back to work after 6 weeks because we needed the money. it was way too early but we would've lost our apartment if i didn't. my mom watched the baby during the day. if you have family that can help, definitely ask now.

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FMLA's point is that before it existed, women would literally get FIRED for having babies. So it's better than nothing, but yeah the lack of paid leave in this country is shameful. My Canadian friend got 12 months paid. TWELVE MONTHS!!!

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I work in HR and unfortunately everyone here is correct - you cannot collect unemployment while on FMLA maternity leave in Texas. The TWC has three main requirements that you won't meet: 1. You must be unemployed through no fault of your own (voluntary leave doesn't qualify) 2. You must be able and available to work full-time 3. You must be actively searching for work (minimum 3 work search activities per week) Since you have a job to return to and are taking leave for medical/bonding reasons, you don't meet these criteria. This is why many employers offer STD or paid parental leave policies to fill this gap. I would recommend: - Talking to your employer about a flexible return-to-work plan - Setting up a payment plan with your mortgage lender - Looking into local community assistance programs - Checking if your company allows PTO donations from coworkers

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Thank you for this detailed information. I've already talked to my manager about possibly working remotely part-time after the first 6 weeks, so hopefully that helps. I'll definitely look into community assistance programs too - any suggestions on where to start with that search?

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just wanted to say im sorry ur going thru this!! the us is literally the ONLY developed country without paid maternity leave. its disgusting. and texas is especially bad about supporting families despite all their "family values" talk. hang in there and don't feel bad about asking friends/family for help or using credit cards to get through this time. u shouldn't have to make these choices but here we are. 😔

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One more suggestion - check with your employer about using any accrued sick time, vacation time, or PTO toward your leave. Some companies allow you to use these first before going into unpaid FMLA status. That way you at least get some income for part of your leave. Also, some employers have emergency employee assistance funds. Worth asking HR if anything like that exists. The system is definitely broken, but hopefully you can piece together enough resources to take the time you need with your baby.

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I've already planned to use my 2 weeks of vacation and 5 sick days, but that still leaves me with 5 weeks unpaid. I'll ask about emergency assistance though - hadn't thought of that! Thank you!

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update: i checked with my neighbor who works for a law firm and she said that if your doctor puts you on bed rest BEFORE your due date, sometimes you can qualify for unemployment during that specific period because then it's a medical issue preventing you from working at ANY job, not just a voluntary leave. but once baby is born and ur on regular maternity leave, ur back to being ineligible. might be worth asking ur doctor about if ur having any complications??

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This isn't accurate. Even if you're on bed rest, you still don't meet the "able and available for work" requirement for unemployment benefits. Medical restrictions that prevent you from working don't qualify you for unemployment in Texas. That's exactly why disability insurance exists (which unfortunately OP doesn't have).

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I'm so sorry you're going through this stress during what should be an exciting time! I went through something similar with my second baby. Here are a few additional resources that might help: 1. Contact 211 (dial 2-1-1) - they can connect you with local assistance programs for utilities, food, and sometimes emergency financial help 2. Many churches and community organizations have emergency funds for families, even if you're not a member 3. Check if your area has a diaper bank or baby supply assistance - every little bit helps 4. Look into WIC if you qualify - they provide nutrition assistance for pregnant/nursing mothers 5. Some credit unions offer emergency loans with better terms than credit cards Also, don't forget that you can claim your baby as a dependent on your taxes as soon as they're born, which might help with a bigger refund next year. I know it doesn't help with immediate bills, but every bit counts. The financial stress is real, but you'll get through this. Focus on building that emergency fund for next time if possible - I learned that lesson the hard way! Sending you lots of support! 💙

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I'm a first-time mom who went through this exact situation 8 months ago! The unemployment thing is a definite no-go unfortunately, but here's what saved me financially: 1. Applied for hospital charity care/financial assistance BEFORE delivery - most hospitals have programs that can reduce your birth costs significantly if you apply in advance 2. Started a GoFundMe - I was embarrassed at first but friends and family really stepped up 3. Looked into local mom groups on Facebook - so many have emergency funds or supply swaps 4. Asked my employer about "gradual return" - I came back 2 days/week at 8 weeks, then full time at 10 weeks which helped bridge the income gap Also, start meal prepping NOW and stock up on essentials while you still have income. I wish I'd done more prep work before baby came. The system is absolutely broken, but you're going to make it through this! Feel free to DM me if you want more specific tips about the financial assistance programs I used.

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@Grace Patel what financial assistance programs did you use? Me and my husband are about to start trying to have a child and I work at a school. We have non paid FMLA. Could you tell me about this?

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