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Diez Ellis

Can I claim unemployment while on maternity leave - Washington ESD eligibility?

I'm currently 36 weeks pregnant and planning to take maternity leave from my job starting next month. My employer offers 8 weeks unpaid FMLA leave, but I'm wondering if I can apply for Washington ESD unemployment benefits during this time to help with expenses? I've been working full-time for 2 years at the same company and they're holding my position for me. Has anyone been through this situation? I'm confused about whether maternity leave counts as being 'able and available' for work which I know is required for UI benefits.

Unfortunately you typically can't collect regular unemployment benefits while on maternity leave because you need to be able and available to work. Since you're on leave specifically because you can't work due to pregnancy/childbirth, Washington ESD would likely deny a regular UI claim. However, Washington does have Paid Family and Medical Leave (PFML) which might cover some of your maternity leave.

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Thanks for the info! I hadn't heard of PFML before. Is that through Washington ESD too or a different agency?

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PFML is administered by the Washington State Employment Security Department, but it's a separate program from regular unemployment. You should look into it ASAP since there are timing requirements for applications.

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I tried this same thing last year and got denied by Washington ESD. They said since I wasn't actively looking for work and couldn't start a new job immediately, I didn't meet the able and available requirement. It was frustrating because I really needed the money during leave.

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That's exactly what I was worried about. Did you end up finding any other financial assistance options?

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I eventually applied for PFML like the other poster mentioned, but I wish I had known about it sooner. The application process took a while.

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You might want to call Washington ESD directly to get a definitive answer about your specific situation. I know it's hard to reach them, but I recently used Claimyr (claimyr.com) which helped me get through to an actual agent without waiting on hold forever. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth checking out since maternity leave eligibility can be tricky.

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Thanks for the suggestion! I'll definitely look into that service. I've tried calling Washington ESD a few times but keep getting disconnected.

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I used Claimyr too when I had questions about my claim status. It actually worked and saved me hours of calling repeatedly.

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wait so there's a difference between unemployment and this PFML thing? I'm pregnant too and getting confused about what I should apply for

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Yes, they're completely different programs. Regular unemployment is for people who lost their job and are looking for new work. PFML is specifically for family/medical leave situations like pregnancy, bonding with a new baby, or caring for sick family members.

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oh that makes sense. so I should apply for PFML not regular unemployment then?

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If you're taking leave for pregnancy/childbirth and plan to return to your job, then yes, PFML would be the appropriate program to look into.

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The Washington ESD system is so confusing!! Why do they make it so hard to figure out what benefits you're eligible for? I spent HOURS on their website trying to understand the differences between all these programs.

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I totally agree! The website has so much information but it's not organized in a way that makes it easy to find what you need for your specific situation.

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The key thing to remember is that regular UI is for job loss, PFML is for leave situations, and they have different eligibility requirements. It would be clearer if they separated these programs more obviously on their website.

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Just wanted to add that even though you can't get regular unemployment while on maternity leave, you might be able to claim it AFTER your leave ends if your employer doesn't let you return to work for some reason. But hopefully that won't be an issue since you said they're holding your position.

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That's a good point I hadn't considered. My employer seems committed to holding my job but it's good to know I'd have options if something went wrong.

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Check if your employer pays into the PFML program - not all employers are required to participate yet since it's still relatively new in Washington. If they don't participate, your options might be more limited.

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How can I find out if my employer participates? Should I ask HR directly?

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Yes, HR should know. You can also check your pay stubs to see if there's a PFML deduction - that would indicate your employer participates in the program.

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Another thing to consider is that if you do end up quitting your job instead of taking leave (which some people do), you generally won't qualify for unemployment either since quitting is considered voluntary separation.

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I definitely plan to take leave and return to work, not quit. But good to know for planning purposes.

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There are some exceptions to the quitting rule but they're pretty specific and hard to prove. Taking leave is definitely better if your employer offers it.

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When I was on maternity leave I tried to file weekly claims thinking maybe I could get something, but Washington ESD kept asking if I was looking for work and available to start immediately. Since I answered no (because I was on leave), they stopped my claim. Don't waste your time with regular UI.

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That confirms what I was thinking. It sounds like regular unemployment just isn't designed for leave situations.

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Exactly. The weekly claim questions make it pretty clear that they expect you to be actively job searching.

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If you do decide to call Washington ESD for clarification, I'd recommend using that Claimyr service I mentioned earlier. I was skeptical at first but it really does help you get through their phone system without the usual runaround. Worth it when you need clear answers about benefits eligibility.

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How much does Claimyr cost? Is it worth paying for when you're already dealing with lost income from unpaid leave?

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I think it's reasonable considering how much time and frustration it saves. Plus if it helps you understand your benefits options correctly, that knowledge is valuable.

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Just my two cents but I think the PFML program is still working out some kinks since it's newer. When I applied last year the processing time was longer than expected. Start your application early if you decide to go that route.

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Good advice! I'll start researching the PFML application process now rather than waiting until the last minute.

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Does anyone know if you can collect PFML and then transition to regular unemployment if your job situation changes after leave? Like if your employer eliminates your position while you're out?

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That's a complex situation that would probably require individual review by Washington ESD. I'd recommend calling them to discuss how those benefits might interact.

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Another good reason to use Claimyr if you need to call - these kinds of complex questions really need to be answered by an actual agent who can look at your specific circumstances.

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The whole system seems designed to confuse people honestly. I'm sure there are plenty of new parents who could have gotten PFML benefits but applied for the wrong program or missed deadlines because the information isn't clear.

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That's why I'm glad I asked here first! This thread has been really helpful in understanding the differences.

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Agreed, it's always worth asking in forums like this where people share real experiences rather than just trying to decode government websites.

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One more thought - make sure you understand any coordination between PFML and your employer's policies. Some employers supplement PFML benefits or have different return-to-work requirements.

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I'll definitely need to have a detailed conversation with HR about how everything works together. Thanks for bringing that up!

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This thread has been super informative! I'm in a similar situation and had no idea about PFML. Going to start researching that option instead of trying to figure out unemployment.

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I'm so glad this helped you too! It's definitely given me a much clearer direction for what to research and apply for.

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Happy to help! The key is understanding which program fits your situation rather than trying to make one program work when it's not designed for your circumstances.

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For what it's worth, Washington's PFML program is actually pretty generous compared to what other states offer. You should definitely look into it rather than trying to work around the unemployment system.

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That's encouraging to hear! I was worried there might not be good options for financial support during leave.

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Just want to echo what others said about calling if you need clarification. I know Claimyr has been mentioned a few times but it really does work for getting through to Washington ESD when you have complex questions that can't be answered online.

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I think I will try that service. After this discussion I realize I need to talk to someone who can look at my specific work history and situation.

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Thanks everyone for all the helpful info in this thread! As someone else who's pregnant and confused about benefits, this has been incredibly valuable. Good luck OP!

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Thank you! And good luck to you too! It's so helpful to know other people are dealing with the same confusing situation.

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These kinds of discussions are exactly why forums like this are valuable - people sharing real experiences and helping each other navigate complex systems.

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