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Misterclamation Skyblue

Can I collect Washington ESD unemployment after paid family leave ends?

I just finished my 12 weeks of paid family leave to care for my newborn and my employer told me they can't bring me back due to restructuring. I'm wondering if I can file for unemployment benefits with Washington ESD now? I was employed for 3 years before taking family leave and my leave just ended last week. Has anyone been in this situation before? Do I qualify for UI benefits or does the family leave mess up my eligibility somehow?

Peyton Clarke

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Yes you should definitely be able to file for unemployment! Paid family leave doesn't disqualify you from UI benefits as long as you meet the other requirements. Since you were employed for 3 years before the leave, you definitely have enough work history. The key is that you're now available and actively seeking work.

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That's a relief! I was worried the leave might have reset my eligibility somehow. Should I file right away or wait a certain amount of time?

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Peyton Clarke

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File as soon as possible! There's a waiting week anyway, so don't delay. The sooner you file, the sooner your claim gets processed.

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Vince Eh

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i was in the exact same situation last year!! took family leave for my dad's cancer treatment and when i came back they said my position was eliminated. washington esd approved my claim no problem, just had to explain the circumstances during the phone interview

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Did they ask a lot of questions about the family leave? I'm nervous about the interview part.

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Vince Eh

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not really, they just wanted to confirm i was available to work now and that the job loss wasn't my fault. pretty straightforward

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Actually, this depends on several factors. While paid family leave itself doesn't disqualify you, Washington ESD will need to verify that you're now available for work and that your separation from employment wasn't voluntary. Since your employer terminated you due to restructuring after your protected leave ended, this should qualify as an involuntary separation. Make sure you have documentation showing the employer's reason for the termination.

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I have an email from HR explaining the restructuring and that my position was eliminated. Would that be enough documentation?

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Yes, that email should be perfect documentation. Keep copies of everything related to both your family leave and the termination.

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Ugh I've been trying to get through to Washington ESD for weeks about my claim status and can never reach anyone! The phone system is impossible. If you need to talk to someone about your situation, I just discovered this service called Claimyr at claimyr.com that actually gets you through to ESD agents. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

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Thanks for the tip! I'm definitely going to need to talk to someone to make sure I explain my situation correctly.

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Ezra Beard

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Never heard of Claimyr but if it actually works that's amazing. The ESD phone system is absolutely brutal.

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It really does work! I was skeptical at first but got through on my first try after weeks of failed attempts on my own.

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WAIT - are you sure your employer can even terminate you after family leave?? That sounds like it might be illegal retaliation! You might want to talk to an employment lawyer before filing for unemployment.

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I thought about that but they showed me documentation about the company downsizing and several other positions were eliminated too, not just mine.

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If it's truly a legitimate restructuring affecting multiple positions, it's likely legal. But documenting everything is still important.

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Yeah if it's company-wide that's different. Still sucks though!

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One thing to be aware of - make sure you report your family leave benefits correctly when you file. Even though they shouldn't affect your UI eligibility, you want to be completely transparent about all income during your base period.

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Good point. The family leave was through the state program, so I assume Washington ESD will already have that information?

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They should, but it's always better to be upfront about everything. Prevents any delays or issues later.

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Vince Eh

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also make sure you start your job search right away! they require you to be actively looking for work and documenting it. don't wait until after you file to start applying places

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How many jobs do I need to apply to each week? I've been out of the job market for 3 months so I'm a bit rusty.

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Currently it's 3 job search activities per week, but check the Washington ESD website for the most current requirements. Activities can include applications, networking, interviews, etc.

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Aria Khan

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This exact thing happened to my sister in 2023. She took family leave and came back to find her job eliminated. Washington ESD approved her claim without any issues. The key is that the termination happened after the protected leave ended, so it's clearly not related to taking the leave.

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That's encouraging! How long did it take for her claim to get approved?

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Aria Khan

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I think it was about 2-3 weeks from filing to first payment. Pretty standard timeline.

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Ezra Beard

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Man the timing on this is just brutal. Having a new baby and losing your job at the same time... I feel for you. At least unemployment should help bridge the gap while you find something new.

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Yeah it's definitely stressful but we'll figure it out. The unemployment benefits will help a lot.

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Peyton Clarke

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Quick tip - when you file online, there's a section where you can explain your specific circumstances. Make sure to clearly state that you were terminated due to company restructuring after your protected family leave ended. This will help the adjudicator understand your situation right away.

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Perfect, I'll make sure to be very clear about the timeline and circumstances. Thanks for all the helpful advice everyone!

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Everett Tutum

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Been there with the Washington ESD phone nightmare. If you do need to speak with someone, that Claimyr service someone mentioned earlier is legit. Used it last month when my claim was stuck in adjudication. Worth every penny to actually reach a human.

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Good to know it's not just hype. I'll definitely look into it if I run into any issues with my claim.

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Right? It's crazy that we need a service to reach our own state agency, but at least it exists!

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Sunny Wang

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Just wanted to add - make sure you apply for unemployment ASAP because there's a waiting week before benefits start. Don't procrastinate on this!

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Already working on the application! Thanks for the reminder about the waiting week.

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One more thing - since you're coming off family leave, make sure your contact information is up to date with Washington ESD. Sometimes addresses or phone numbers change during leave and you don't want to miss important communications about your claim.

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Great point! I'll double-check all my contact info when I file.

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Your situation sounds pretty straightforward for approval. Family leave + involuntary termination due to restructuring = qualifying for UI benefits. The hardest part will probably be getting through to ESD if you need to talk to someone, but that Claimyr thing might help with that.

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Yeah I'm feeling more confident about it after reading everyone's responses. Thanks for the reassurance!

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