Can I delay filing ESD unemployment claim because of prepaid vacation?
I got laid off yesterday and I'm eligible to file for unemployment this week. Here's my dilemma - I've had a two-week vacation planned for months that starts next week. Everything is paid for with no refund options (about $3,800 total between flights, hotels, and activities). I'm wondering if I should wait until I get back from vacation to file my initial claim? I read somewhere in the ESD handbook that they might question why I delayed filing. Could postponing my initial claim by 2-3 weeks actually hurt my chances of getting approved? I have way more than enough hours (steady employment for 20+ years) and honestly, I'm financially stable enough to go without benefits for a few months if needed. I just don't want to mess up my claim by waiting. Has anyone dealt with this situation before?
16 comments
Tyrone Hill
Don't wait to file! You should file your initial claim immediately, then when you do your weekly claims while on vacation, you would answer "no" to the question about being able and available for work for those weeks. You won't get paid for those specific weeks, but your claim will be established with the correct effective date. If you wait, you might lose benefits for weeks you could have claimed before your vacation. The system will ask for the reason you weren't available, and "preplanned, prepaid vacation" is a valid reason that won't hurt your claim status overall.
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Anderson Prospero
•Oh that makes so much sense! So I file now, indicate I'm not available during vacation weeks, then resume normal claims after? Will this affect my benefit year at all? Like do I lose those two weeks forever or just for now?
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Toot-n-Mighty
I say wait honestly. ESD is such a nightmare and I waited 2 weeks to file my claim last year and it was fine. Why deal with the hassle of filing now when ur about to be unavailable? Just enjoy ur vacation and deal with the bureaucracy when u get back lol
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Lena Kowalski
•This is incorrect advice. Delaying your initial claim can permanently reduce your total benefit amount. The claim "effective date" determines your base year and benefit calculation. Filing late could push your effective date forward and potentially exclude some high-earning quarters from your calculation.
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DeShawn Washington
File RIGHT NOW but make sure when you do your weekly certifications during vacation that you say NO to being available for work!!! I tried skipping filing for 3 weeks because of a family vacation and when I came back and tried to backdate my claim, ESD denied it and I lost almost $2,700 in benefits I could have received if I'd just filed on time. The system makes you explain why you weren't available, and prepaid vacation is a legitimate reason as long as you're honest about it.
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Anderson Prospero
•Thank you for sharing your experience! That's exactly what I was worried about. So I should file immediately, then for those vacation weeks just indicate I'm not available. Makes sense! Do you remember if they asked for any proof of your prepaid vacation?
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Mei-Ling Chen
I had this EXACT situation in January. File your claim immediately, then when you do your weekly claims during vacation, just answer truthfully that you weren't available for work. You won't get benefits for those weeks, but your claim will be properly established. If you wait to file, ESD might question the delay AND you'll potentially lose benefits for the days between your layoff and vacation. I used Claimyr (claimyr.com) to get through to an ESD agent right away to confirm this approach was correct - they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. The agent told me that planned, prepaid vacations don't affect your overall claim eligibility.
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Anderson Prospero
•Thanks for the tip! I might use that service if I run into problems. So they specifically told you that having a pre-planned vacation was okay? That's reassuring.
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Sofía Rodríguez
dont even worry about it bruh... ive been on unemployment like 5 times and they never check that stuff anyway. just wait till u get back and file then. esd is too busy to care about a few weeks
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Tyrone Hill
•This is dangerous advice. ESD absolutely does verify information, especially when there's a gap between your layoff date and filing date. They can see your last day of work from employer records, and if you can't adequately explain the delay, they may question your eligibility during that period.
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Aiden O'Connor
WAIT!!! Everyone saying "file now" is ASSUMING you're eligible right now. Are you getting severance pay? If so, you might not be eligible until that runs out anyway. Severance can delay when you can actually receive benefits. I would double-check if you're getting any kind of continued pay from your employer before rushing to file.
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Anderson Prospero
•That's a good point! I'm not getting severance though - just a final paycheck for my last two weeks. So I think I would be eligible immediately based on what everyone is saying.
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Lena Kowalski
Here's the official ESD guidance: You should file your initial claim immediately to establish your benefit year correctly. For the vacation weeks, report that you're not able and available for work when filing those weekly claims. You won't receive benefits for weeks you're unavailable, but this won't affect your overall eligibility or total benefit amount. Waiting to file your initial claim could result in losing benefits for eligible weeks before your vacation. If questioned about the vacation, simply explain it was pre-paid and arranged before your job loss - keep any receipts showing it was booked before your layoff date as documentation.
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Anderson Prospero
•Thank you for the clear explanation. I'll file tomorrow and make sure to indicate I'm unavailable during my vacation weeks. I'll also gather my vacation booking confirmations just in case they ask for proof.
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DeShawn Washington
Has anyone actually tried calling ESD lately? I spent HOURS last week trying to get through. Started calling at 8am exactly when they opened and still couldn't get a human. How is OP supposed to even confirm this info if they can't reach anyone?!
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Mei-Ling Chen
•That's why I mentioned Claimyr in my earlier comment. I couldn't get through for days until I used their service. Was connected to an agent in about 18 minutes. Worth every penny because the agent helped me understand exactly how to handle my vacation weeks properly.
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