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Miguel Diaz

Can you file for unemployment while on maternity leave in Washington?

I'm 8 months pregnant and planning to take maternity leave starting next month. My employer doesn't offer paid maternity leave, so I'll be unpaid for about 12 weeks. I've been working full-time for the past 2 years. Can I file for Washington ESD unemployment benefits while I'm on maternity leave? I've heard conflicting information and want to make sure I understand the rules before my baby arrives.

Unfortunately, you typically can't collect unemployment while on maternity leave because you need to be able and available for work to qualify for UI benefits. Being on leave means you're not available to accept work. However, Washington state has the Paid Family and Medical Leave (PFML) program that might cover you - that's separate from unemployment though.

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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 administered by Washington ESD but it's a completely different program from unemployment insurance. You should definitely look into that instead.

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Wait I thought if you lost your job while pregnant you could still get unemployment? Or is that different from taking voluntary leave?

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That's different - if you lose your job while pregnant but are still able to work, you can get unemployment. But if you're taking leave and not available for work, that disqualifies you.

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Ah that makes sense, thanks for clarifying!

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I went through this same situation last year. You definitely want to apply for Washington's Paid Family Leave instead of trying to get unemployment. The 'able and available' requirement is pretty strict - they'll ask if you're actively looking for work and can start immediately if offered a job.

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How was the PFML application process? Was it hard to get approved?

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It was pretty straightforward actually. Just needed medical documentation from my doctor and some employment verification. Way easier than dealing with unemployment requirements.

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I tried calling Washington ESD about this exact question a few months ago and spent HOURS on hold. Their phone system is impossible! Finally used Claimyr (claimyr.com) to get through to an actual person who explained that maternity leave doesn't qualify for regular unemployment but confirmed the PFML option. There's even a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of Claimyr but anything to avoid sitting on hold for hours sounds amazing right now!

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Is that service legit? Seems too good to be true that they can actually get you through to Washington ESD.

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Yeah it's totally legitimate. They basically call for you and wait on hold, then connect you when a real person answers. Saved me so much frustration.

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The whole system is so confusing! Why can't they just have clear information about this stuff on their website?

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Right? Like pregnancy and maternity leave isn't exactly an uncommon situation that people need help with.

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Just to be super clear on the unemployment rules - you have to certify each week that you're actively seeking work and available to accept suitable employment. If you're on maternity leave, you can't honestly certify that you're available to start a new job immediately.

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What if someone tried to lie about being available? Would Washington ESD catch that?

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That would be fraud and could result in penalties, overpayment demands, and even criminal charges. Definitely not worth the risk when there are legitimate options like PFML available.

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Yikes, not worth it at all then.

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I was in a similar boat two years ago. Applied for unemployment first because I didn't know about PFML and got denied pretty quickly. The adjudication process was fast because it's pretty cut and dry - maternity leave = not available for work = no UI benefits.

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Did you end up getting PFML instead? How long did that take to process?

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Yes, PFML came through and it was much better suited for my situation. Processing took about 2-3 weeks I think.

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Can I just say how much I hate that we even have to navigate all this bureaucracy when we're about to have a baby? Other countries just give you paid leave automatically.

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Totally agree! At least Washington has PFML now though, that's better than a lot of states.

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True, could be worse I guess.

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OP, definitely check if your workplace has contributed to the PFML fund. Most employers in Washington are required to participate, but there might be some exceptions.

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How do I find that out? Should I ask HR or is there somewhere I can look it up?

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Check your paystub - you should see a small PFML deduction if your employer participates. You can also ask HR directly.

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Wait, so if I quit my job to be a stay-at-home mom I can't get unemployment either? Even if I worked for years?

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No, quitting voluntarily usually disqualifies you from unemployment unless there are specific circumstances like unsafe working conditions or harassment.

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Well that's disappointing but makes sense I guess.

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The key thing everyone's mentioning is that 'able and available' requirement. Washington ESD is pretty strict about this. You have to be physically and mentally able to work AND available to accept work if offered.

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What if someone had complications during pregnancy and couldn't work but then recovered? Would that change anything?

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If you became able and available to work again after recovery, you could potentially qualify then. But during the period you're unable to work, no unemployment benefits.

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I remember trying to call Washington ESD about a different issue and it was impossible to get through. Ended up using that Claimyr service someone mentioned earlier and it actually worked great. They got me connected to someone who could answer my questions properly.

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I might have to try that if I need to talk to someone about PFML applications.

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Just want to emphasize what others have said - DO NOT try to claim unemployment while on maternity leave thinking you won't get caught. Washington ESD has ways of verifying employment status and availability, and fraud charges are serious.

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Good point. Better to be honest and explore legitimate options like PFML.

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Final thought for OP - since you're planning ahead, make sure you understand both the PFML application timeline and requirements. It's great that you're thinking about this now instead of scrambling after the baby arrives!

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Thank you all so much! This has been incredibly helpful. I'll look into PFML and forget about unemployment benefits. Really appreciate everyone taking the time to explain everything.

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Good luck with everything! PFML was a lifesaver for me, hope it works out well for you too.

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