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Kolton Murphy

Can you get Washington ESD unemployment for unpaid maternity leave?

I'm due in about 6 weeks and my employer doesn't offer paid maternity leave. I'll be taking 12 weeks off under FMLA but it's all unpaid. Can I file for unemployment benefits during this time? I've heard mixed things about whether new moms can get UI while on maternity leave. Has anyone successfully gotten Washington ESD benefits during unpaid maternity leave?

Unfortunately, you generally can't get regular unemployment benefits during maternity leave because you're not considered 'able and available' for work, which is a requirement for UI benefits. However, Washington State has Paid Family and Medical Leave (PFML) that might cover some of your maternity leave. Have you looked into that program?

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I think I heard about PFML but wasn't sure if I qualified. Do you know how much it pays compared to unemployment?

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PFML typically pays up to 90% of your weekly wages up to a cap. It's administered separately from Washington ESD unemployment though - you'd apply through the state's PFML website.

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I tried to get unemployment during my maternity leave last year and was denied. They said since I wasn't actively looking for work or available to accept a job immediately, I didn't qualify. The 'able and available' requirement is pretty strict.

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That's frustrating! Did you end up finding any other financial support during your leave?

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I had to use up all my savings unfortunately. I wish I had known about PFML earlier - definitely look into that option!

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Actually, there might be some situations where you could qualify for UI benefits after giving birth, but it's complicated. If you're ready to return to work but your employer won't let you come back (like if they eliminated your position), you might have a case. But during active maternity leave when you're not seeking work, it's unlikely to be approved.

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That makes sense. My job is protected under FMLA so I should be able to return. Sounds like PFML is the better route.

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Exactly. PFML was specifically designed for situations like yours. The application process can be a bit complex though.

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I had a really hard time getting through to Washington ESD when I had questions about this exact situation. Their phone lines are always busy and the website wasn't super clear about maternity leave situations. I ended up using a service called Claimyr (claimyr.com) that helped me get connected to an actual agent who could explain my options clearly. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Interesting, I've never heard of that service. Did they help you figure out the PFML vs unemployment question?

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Yes! The agent I spoke with explained that unemployment and PFML serve different purposes and I needed to apply for PFML instead. Saved me from filing the wrong claim.

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wait can you get both unemployment AND maternity leave money?? that doesn't seem right

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No, you can't get both at the same time. They're separate programs for different situations. PFML is for when you need time off for family reasons, UI is for when you're unemployed and looking for work.

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oh ok that makes more sense

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Update: I looked into PFML and it seems like that's definitely the right program for my situation. The benefits are actually better than unemployment would be anyway. Thanks everyone for steering me in the right direction!

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Great! Make sure to apply as soon as possible since there can be waiting periods.

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So glad you found a solution! I wish I had known about this when I was in your situation.

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For what it's worth, I know someone who tried to game the system by saying she was ready to work when she really wasn't after having a baby. Washington ESD found out and she had to pay back everything plus penalties. Not worth the risk when PFML exists.

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Yikes, definitely not worth it! Good thing there's a legitimate option available.

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Yes, UI fraud is taken very seriously. Always better to use the right program for your situation.

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I'm in a similar situation but my employer is being weird about my FMLA request. If they end up firing me or not letting me take the leave, would I then qualify for unemployment?

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If you're terminated illegally for requesting FMLA leave, you might qualify for UI benefits. But you'd need to document everything and possibly file complaints with the Department of Labor too.

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Thanks, I'm keeping records of all our communications just in case.

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The whole system is so confusing! I spent weeks trying to figure out what I qualified for when I was pregnant. Why can't they make this information clearer?

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I totally agree! That's part of why I ended up using Claimyr - sometimes you just need to talk to a real person who can explain things clearly.

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I might have to try that if I have more questions. The automated systems are so frustrating.

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Just wanted to add that PFML has different requirements than unemployment - you need to have worked a certain number of hours and paid into the system. Make sure you check eligibility before assuming you qualify.

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Good point! I've been at my job for over a year full-time so I think I should be covered, but I'll double-check.

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Yeah, as long as you've been working regularly you should be fine. The eligibility requirements are on the PFML website.

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Does anyone know if you can use PFML for bonding time with an adopted baby too, or just biological births?

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Yes, PFML covers adoption as well! It's designed for family bonding regardless of how the child joins your family.

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That's wonderful! Good to know the program is inclusive like that.

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I tried calling Washington ESD about this same question and was on hold for literally 3 hours before giving up. The phone system is broken.

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That's exactly why I started using Claimyr! They handle the calling and waiting for you. Worth every penny to not waste half your day on hold.

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I might have to try that. I can't afford to spend entire days trying to get through to someone.

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My sister got PFML benefits last year and said the process was pretty straightforward once she figured out the right forms to fill out. Much easier than dealing with unemployment claims.

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That's encouraging! I was worried it would be as complicated as unemployment seems to be.

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Nope, it's actually designed to be more user-friendly since it's a newer program.

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Just be aware that PFML benefits are taxable income, so you'll need to plan for that at tax time. It's not like unemployment where you can choose to have taxes withheld.

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Good to know! I'll make sure to set aside some money for taxes.

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Yeah, I learned that the hard way. Better to plan ahead than get surprised next April.

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Can you apply for PFML before the baby is born or do you have to wait until after?

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You can apply up to 30 days before your leave starts, which is actually recommended so everything is processed in time.

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Perfect! I'll start my application soon then.

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I wish more employers offered paid maternity leave so we didn't have to navigate all these government programs. It's 2025, this should be standard by now.

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Totally agree! At least PFML gives us some option, but employer-provided benefits would be so much simpler.

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Exactly. The fact that we have to figure all this out while pregnant is just added stress we don't need.

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Has anyone had issues with their employer trying to deny PFML requests? I'm worried my boss will give me a hard time about taking leave.

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Employers can't deny PFML if you're eligible - it's a state program, not something they control. They can only deny the unpaid FMLA portion in certain circumstances.

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That's reassuring! I was worried they could block it somehow.

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The income replacement rate for PFML is actually pretty decent compared to unemployment. When I used it, I got about 85% of my normal pay.

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That's way better than I expected! Unemployment would have been much less than that.

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Yeah, PFML is designed to actually help people afford to take family leave, not just provide bare minimum survival money.

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One thing to consider is that PFML has a maximum benefit amount, so if you make really good money, you might not get your full salary replaced. But it's still probably better than unemployment benefits.

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I'm not in the high earner category so that shouldn't be an issue for me, but good to know!

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Yeah, the cap is pretty reasonable for most people. Just something to be aware of when budgeting.

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Thanks for this thread! I'm not pregnant yet but planning to start trying soon, and this gives me a much better understanding of what financial options are available. PFML sounds like a great program.

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Glad it was helpful! I learned so much from everyone's responses too.

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It's always good to plan ahead for these things. Knowledge is power when it comes to navigating benefit programs!

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