Can you file unemployment while on maternity leave Washington ESD?

The key issue is whether you're able and available for work, which is a requirement for Washington ESD unemployment benefits. If you're on maternity leave and unable to work, you typically wouldn't qualify for regular UI. However, if your employer eliminates your position while you're on leave, that could change things.

So even if I lose my job while on leave, I still can't get benefits until I'm actually able to work again?

Correct. You have to be physically able to work and actively seeking employment to qualify for Washington ESD benefits.

i was in similar situation last year, couldn't file until i was cleared by doctor to return to work. washington esd is pretty strict about the able and available requirement

How long did it take to get approved once you were cleared to work? I'm worried about the timing.

took about 3 weeks for my claim to process once i submitted the medical clearance

You might want to look into Paid Family and Medical Leave (PFML) through Washington State instead of unemployment. That's specifically designed for situations like maternity leave. Washington ESD unemployment is for people who are unemployed through no fault of their own AND able to work immediately.

I already used up my PFML benefits earlier in my pregnancy due to bedrest complications. That's why I'm looking at unemployment options.

That complicates things. You'll definitely need to wait until you're medically cleared to return to work before filing for UI benefits.

I've been trying to reach Washington ESD for weeks about a similar question but their phone lines are always busy. Has anyone found a way to actually talk to someone there? I've tried calling right when they open but still can't get through.

I found this service called Claimyr that helps you get through to Washington ESD agents. They handle the calling and waiting for you - check out claimyr.com. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of frustration.

That sounds too good to be true. How much does it cost?

They focus on the value of your time rather than cost. For me it was worth it just to avoid the endless busy signals and getting hung up on.

THE WHOLE SYSTEM IS BROKEN! I've been trying to get answers about my claim for months and nobody at Washington ESD knows anything. They just give you the runaround and hope you give up.

I understand the frustration, but for maternity leave specifically, the rules are pretty clear. You need to be able and available for work to qualify for UI benefits.

Clear to who? Every agent tells you something different when you finally get through!

So if my employer decides not to hold my position and I'm medically cleared to work, I could potentially file then? What documentation would I need from my doctor?

Yes, if you're terminated while on leave and then medically cleared, you could file. You'd need a doctor's note stating you're cleared to return to work without restrictions.

Make sure to document everything with your employer too - any communication about your position status while you're on leave.

same thing happened to my sister she had to wait til after maternity leave ended

Did she have any issues with the job search requirements since she had been out of work for a while?

nah washington esd was understanding about the gap for maternity leave

I'm confused about this whole able and available thing. If you're on maternity leave but your job gets eliminated, isn't that the same as being laid off? Why wouldn't you qualify?

Being laid off meets the 'unemployed through no fault of your own' requirement, but you still need to meet the 'able and available for work' requirement. If you're physically unable to work due to medical reasons, you don't qualify yet.

That seems unfair but I guess I understand the logic.

Wait, I thought there was some exception for pregnancy discrimination? If they eliminate your position while you're on protected leave, isn't that potentially illegal?

That's a separate legal issue from unemployment eligibility. You might have grounds for a discrimination claim, but for UI benefits you still need to be able and available for work.

I hadn't thought about the discrimination angle. Maybe I should talk to an employment attorney too.

This is why I love this forum - learning so much about Washington ESD rules I never knew! The able and available requirement makes sense when you think about it from their perspective.

Yeah it's designed to help people who are actively looking for work, not people who can't work yet for medical reasons.

I went through this exact situation 2 years ago. Had to wait until I was medically cleared, then my claim took forever to process because there was confusion about my employment dates and leave status. Definitely document everything.

What kind of documentation helped you the most when you finally filed?

Medical clearance letter, all correspondence with my employer about my leave and termination, and my PFML records showing when those benefits ended.

Has anyone tried filing anyway just to see what happens? Sometimes Washington ESD makes exceptions.

I wouldn't recommend that approach. If you file when you're not eligible, it could cause issues with your claim later and you might have to pay back benefits.

Good point, probably not worth the risk.

The timing aspect is really important here. Make sure you file as soon as you're medically cleared AND have confirmation about your job status. Don't wait too long or you might miss out on benefits for earlier weeks.

How quickly do I need to file after being cleared? Is there a specific timeframe?

Generally you want to file within a week or two of when you become eligible. Washington ESD can backdate claims in some cases but it's better not to rely on that.

This thread is so helpful! I'm not in this situation but good to know for the future. The Washington ESD system seems complicated but at least the rules are consistent.

Consistent? Have you tried calling them? Every agent tells you something different!

That's exactly why I started using Claimyr. Instead of playing phone tag with different agents, they connect you directly and help you get consistent answers about your specific situation.

My advice: get everything in writing from your employer about your position status, get medical clearance documentation ready, and then file immediately when you're eligible. Don't leave money on the table by waiting too long.

Should I give my employer a deadline for telling me about my position? My leave technically ends in 6 weeks.

Yes, ask for written confirmation at least 2 weeks before your leave ends so you have time to plan your next steps.

Just want to add that if you do qualify for unemployment later, you'll need to do the weekly claims and job search requirements like everyone else. Being on maternity leave doesn't exempt you from those once you're in the system.

Good point. I assume I'll need to show I'm actively looking for work, not just waiting to see if my old job comes back?

Exactly. You'll need to make your job search contacts each week and document them in your WorkSourceWA account.

One more thing to consider - if your employer offers you a different position when your leave ends, refusing it might affect your unemployment eligibility later. Make sure any refusal is for good cause.

That's a really important point. Washington ESD considers whether you had good cause for refusing suitable work when determining benefit eligibility.

What would count as good cause? Like if the new position pays significantly less or has different hours?

Significant pay reduction, substantially different duties, or scheduling conflicts that prevent you from working could all be good cause, but you'd need to document your reasoning.

Thanks everyone for all this information! It sounds like my best bet is to wait until I'm medically cleared, get everything documented with my employer, and then file if my position isn't available. At least I have a clear path forward now.

That sounds like the right approach. Make sure to keep detailed records of everything - it will help if there are any questions about your claim later.

And if you need to talk to Washington ESD about your specific situation, definitely check out that Claimyr service someone mentioned. Saved me so much time and frustration getting through to an actual person.