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Liam McConnell

Can I collect Washington ESD unemployment while on maternity leave?

I'm 7 months pregnant and my job doesn't offer paid maternity leave. I've been working full-time for 2 years at a retail store but they said I can take unpaid FMLA leave when the baby comes. I'm wondering if I can file for unemployment benefits during my maternity leave to help with bills? I know I'll be physically unable to work for at least 6-8 weeks after delivery. Has anyone done this successfully with Washington ESD? I'm confused about the 'able and available' requirement.

Unfortunately, you generally can't collect regular unemployment while on maternity leave because you have to be able and available for work. Washington ESD requires you to be physically capable of working and actively seeking employment. However, you might qualify for Paid Family and Medical Leave (PFML) through the state instead.

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Oh I didn't know about PFML! Is that through Washington ESD too or a different agency?

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PFML is through the Employment Security Department but it's a separate program from unemployment insurance. You apply at paidleave.wa.gov

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Wait, I thought if you're laid off while pregnant you can still get unemployment? My sister got benefits when she was pregnant last year.

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That's different - if you're laid off or lose your job involuntarily while pregnant, you can collect UI as long as you're able to work. But taking voluntary leave for maternity doesn't qualify.

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Ah that makes sense, thanks for clarifying!

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I was in a similar situation last year and it was so frustrating trying to get clear answers from Washington ESD. I spent hours on hold trying to talk to someone who could explain my options. Eventually I used Claimyr to get through to an actual agent who walked me through the PFML application process. Game changer! They have this demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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How much does that service cost? I'm already worried about money with the baby coming.

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It's worth checking out their site at claimyr.com - they focus on helping you reach the right person rather than navigating the system yourself. Much better than the endless hold times.

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The whole system is ridiculous honestly. Why should new mothers have to stress about this stuff? Other countries actually support families.

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I feel you but at least Washington has PFML now. My older kids were born before that existed and I got nothing.

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True, it's better than nothing I guess. Still frustrating though.

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Have you looked into whether your employer offers short-term disability? Some retail chains do have it and pregnancy/childbirth usually qualifies. It might be separate from their regular benefits package.

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I should check on that - HR never mentioned it but maybe they have it. Thanks for the suggestion!

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Definitely worth asking! And if they don't, you might be able to get private short-term disability but you'd need to apply before getting pregnant.

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I'm confused about this whole thing too. What if you're planning to go back to work after maternity leave but your employer says they can't guarantee your job back?

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That's actually illegal under FMLA if you qualify. Your job should be protected during approved leave.

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What if the company is small and doesn't have to follow FMLA rules?

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Then you might have a case for unemployment if they don't let you return to work after your leave ends.

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I think some people do collect unemployment while on maternity leave but don't tell Washington ESD about it. Not saying you should do that but...

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That's benefit fraud and can result in serious penalties including having to pay back all benefits plus interest and fines. Not worth the risk.

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Yeah you're right, bad idea. Just saying I've heard people do it.

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The PFML program is actually pretty good once you figure out how to apply. I got 12 weeks at 90% of my wages when my daughter was born. Way better than unemployment benefits.

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Wow 90% of wages? That sounds amazing! How long did it take to get approved?

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It took about 3 weeks from application to first payment. Make sure you apply at least 30 days before your due date.

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Can you collect PFML and unemployment at the same time? Like if you're laid off while pregnant?

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No, you cannot collect both simultaneously. You'd need to choose one or the other based on your situation.

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Got it, thanks. PFML sounds like the better option for new parents anyway.

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Just want to add that if you're planning to quit your job to stay home with the baby, you definitely won't qualify for unemployment. You have to be involuntarily separated from work.

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Good point. I'm planning to go back to work after a few months, so hopefully my job will still be there.

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If you're taking FMLA leave and your employer is covered, they legally have to hold your position. Just make sure you follow all the proper procedures.

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This is why I love living in Washington - at least we have some protection for new parents. I moved here from a state that had nothing.

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Same! The PFML program is relatively new but it's been a lifesaver for families.

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Exactly. Now if only they could make the application process easier to understand.

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I had to call Washington ESD multiple times to get clarification on maternity leave vs unemployment. Their phone system is brutal - kept getting disconnected after waiting over an hour. Finally tried that Claimyr service someone mentioned and actually got through to speak with an agent the same day. Worth every penny when you're dealing with time-sensitive benefit questions.

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That's exactly what I'm worried about - spending hours on hold when I should be preparing for the baby. I'll check out claimyr.com

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Smart move. The agents can explain the difference between UI and PFML eligibility much better than the website does.

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Don't forget to check if you've been paying into the PFML program through your paycheck deductions. It should show up on your pay stub as 'WA PFML' or something similar.

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I'll look at my pay stub tonight. If I haven't been paying in, does that mean I don't qualify?

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If you haven't been paying in, you might not be eligible. But check with your HR department - some employers pay the full premium for employees.

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Are there any work search requirements for PFML like there are for unemployment? I know with UI you have to apply to jobs every week.

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No, PFML doesn't have work search requirements since you're on approved leave. That's one of the key differences from unemployment insurance.

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That makes way more sense for new parents. Thanks for the info!

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I'm due in 3 months and my employer already confirmed I can take PFML. The paperwork is a bit confusing but HR helped me understand what I needed to submit.

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Did you need any special forms from your doctor? I'm not sure what medical documentation they require.

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Yes, you'll need a form from your doctor certifying your need for leave. They have specific forms on the PFML website.

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The max PFML benefit is like $1,327 per week I think? Way better than the unemployment maximum of $999 per week.

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Those numbers are helpful - I make about $600 per week so 90% would be $540 which is much better than nothing!

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Exactly! And you don't have to worry about job searching while caring for a newborn.

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Just to clarify for anyone reading this - if you're laid off WHILE on maternity leave and you're physically able to work, you might be able to transition from PFML to unemployment. But you'd need to talk to Washington ESD about the specifics.

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Good point. These situations can get complicated quickly, which is why talking to an actual agent is so important.

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Absolutely. The online resources only go so far when you have unique circumstances.

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I keep seeing people mention Claimyr - is it legit? I'm always skeptical of services that charge you to deal with government agencies.

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It's definitely legit. They don't handle your claim for you, they just help you get through to the right person at Washington ESD. Check out their demo video to see exactly what they do.

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Thanks, I'll watch the video. Getting through to ESD has been impossible lately.

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Bottom line: if you're taking maternity leave, apply for PFML not unemployment. If you're laid off while pregnant but still able to work, apply for unemployment. If you're not sure which applies to your situation, talk to someone at Washington ESD who can review your specific case.

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Perfect summary! I'm feeling much more confident about my options now. Thank you everyone for all the helpful advice.

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You're welcome! Congrats on the upcoming baby and good luck with whichever program you end up using.

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