TWC unemployment during unpaid maternity FMLA - possible or not?

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.

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.

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!!! 🤬

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!!

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.

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.

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

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. 😔

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.

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??