Can I apply for Washington ESD unemployment while on maternity leave?

You typically can't collect unemployment while on approved leave because you're still technically employed. Washington ESD requires you to be available for work to qualify for benefits. However, if your employer has indicated layoffs are coming and you won't have a job to return to, that might change things.

I went through something similar last year. You need to be able and available for work to qualify for UI. If you're on maternity leave and not ready to work, Washington ESD will likely deny your claim. BUT if your employer terminates you while on leave, you can apply once you're ready to return to work.

Honestly, trying to reach Washington ESD to get clear answers on complex situations like this is nearly impossible. I spent weeks calling and never got through. Finally used claimyr.com and they got me connected to an actual agent who walked me through my eligibility questions. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

The key issue is the 'able and available' requirement. If you're on medical leave and can't work, you don't meet that criteria. However, if your employer eliminates your position while you're on leave, you may qualify once you're medically cleared to return to work. Document everything from your employer about the layoffs.

This is so confusing! I thought pregnancy was protected under FMLA so they can't just eliminate your job while you're on leave??

To clarify the timeline: if your employer eliminates your position during your leave, you'd apply for unemployment AFTER your medical clearance to return to work. You'd then need to be actively seeking work and available for interviews to maintain eligibility.

Start documenting everything NOW. Emails about layoffs, your medical status, communications with HR. If you do end up filing for unemployment, having good documentation will help your case significantly.

ugh this whole system is such a mess. pregnant women already have enough to worry about without jumping through hoops for benefits they should be entitled to

One more thing to consider - Washington state has Paid Family and Medical Leave (PFML) which is separate from unemployment. If your maternity leave qualifies, you might be eligible for PFML benefits instead of or in addition to UI benefits later.

I hate to be the bearer of bad news but if you're still technically employed (even on unpaid leave), Washington ESD will likely deny your initial claim. You'd need to wait until there's an actual job separation to apply.

Quick question - are you planning to return to work after your leave ends, or are you looking to stay home longer? That might affect your eligibility too since you need to be actively seeking work for UI benefits.

From my experience with Washington ESD, they're pretty strict about the able and available requirement. Even if your employer is hinting at layoffs, until there's an official separation you're still considered employed on leave status.

Just wanted to follow up on the claimyr suggestion - I used them again last month for a different issue and they're really helpful for getting through to Washington ESD when you have complex eligibility questions like this. Saved me hours of failed phone calls.

This thread is helpful but also shows how complicated these situations can be. Every case seems to have different factors that could affect eligibility.

One thing I learned the hard way - if you do end up applying for unemployment after being terminated during leave, make sure you have your medical clearance ready. Washington ESD will ask for it during the eligibility review.

just want to say good luck with everything! Being pregnant and worrying about job security is stressful enough without having to navigate the unemployment system too

To summarize for the OP: You likely can't apply while on approved leave, but if your position is eliminated, you can apply once you're medically cleared to return to work. Document everything, look into PFML as an alternative, and be prepared to show you're actively seeking work once you do apply for UI benefits.

Hope everything works out! Keep us posted on what happens when your leave period ends.