Does unpaid maternity leave qualify for unemployment Washington ESD
I'm currently on unpaid FMLA leave after having my baby 6 weeks ago. My employer is holding my position but I'm not getting any pay during this time. Can I file for unemployment benefits through Washington ESD while on unpaid maternity leave? I've heard conflicting information and don't want to mess anything up with my job or create issues when I return to work.
61 comments


Dyllan Nantx
Unfortunately, if you're on approved FMLA leave and your job is being held for you, you typically won't qualify for unemployment benefits. Washington ESD requires that you be able and available for work, and being on protected leave suggests you're not available for other employment.
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Destiny Bryant
•That's what I was afraid of. So even though I'm not getting paid, the fact that my job is protected means I can't get UI?
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Dyllan Nantx
•Exactly. The key factor is job attachment. Since your employer is required to hold your position, Washington ESD considers you employed, just on unpaid leave.
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TillyCombatwarrior
Wait, this doesn't sound right to me. I thought if you weren't getting paid you could file? My sister got unemployment when she was on unpaid leave for medical reasons.
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Dyllan Nantx
•Medical leave can be different depending on the circumstances. If it's not protected leave or if the person is able and available for other work, they might qualify. But FMLA specifically creates job protection which complicates UI eligibility.
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TillyCombatwarrior
•Oh that makes sense. The job protection part is what makes the difference.
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Anna Xian
You should definitely call Washington ESD to get a definitive answer for your specific situation. There might be nuances in your case that could affect eligibility. The general rule is what others mentioned, but individual circumstances can vary.
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Destiny Bryant
•I've been trying to call but keep getting disconnected after waiting on hold forever. It's so frustrating when you need a straight answer.
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Anna Xian
•I totally get that frustration. You might want to try Claimyr - it's a service that helps you get through to Washington ESD agents. Check out claimyr.com, they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.
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Jungleboo Soletrain
I was in a similar situation last year. The Washington ESD rep told me that because my employer was required to take me back, I wasn't considered unemployed. Even though I had zero income for 12 weeks, I didn't qualify for benefits.
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Destiny Bryant
•That's exactly what I'm dealing with. Did you end up finding any other financial assistance during that time?
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Jungleboo Soletrain
•I looked into state disability benefits but didn't qualify for those either since it was maternity leave rather than a disability. Ended up just having to budget really carefully.
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Rajan Walker
this is so messed up that new moms can't get help when they're not getting paid... the system is broken
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Nadia Zaldivar
•I agree it seems unfair, but the logic is that unemployment insurance is for people who lost their jobs involuntarily. If your job is being held for you, you technically still have employment.
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Rajan Walker
•yeah but no paycheck is no paycheck regardless of the reason
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Dyllan Nantx
Just to clarify the specific Washington ESD requirements: you must be able to work, available for work, and actively seeking work to qualify for UI benefits. Being on FMLA leave means you're not available for other employment, which disqualifies you even if you're not receiving wages.
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Destiny Bryant
•So if I were to quit my job instead of taking leave, would I qualify then?
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Dyllan Nantx
•Quitting usually disqualifies you from unemployment unless it's for good cause. Having a baby typically wouldn't be considered good cause for quitting in Washington ESD's view.
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Lukas Fitzgerald
•Don't quit! You'd lose both your job protection and unemployment eligibility. That would be the worst of both worlds.
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TillyCombatwarrior
What about if your employer doesn't offer FMLA or you don't qualify for it? Like if you're at a small company?
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Dyllan Nantx
•If you're not on protected leave, the situation could be different. You'd need to meet the able and available requirements, but there might be more flexibility if your job isn't being held.
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TillyCombatwarrior
•That's what I thought. The job protection aspect is really the key factor here.
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Ev Luca
I'm going through this exact same thing right now! Been trying to get through to Washington ESD for weeks to ask about my specific situation.
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Anna Xian
•If you're having trouble reaching them, definitely try that Claimyr service I mentioned earlier. It really helps with getting connected to an actual agent instead of sitting on hold forever.
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Ev Luca
•Thanks, I'll check that out. At this point I'm willing to try anything to get a real person on the phone.
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Nadia Zaldivar
There might be other programs available for new parents even if unemployment doesn't work out. Have you looked into WIC, temporary assistance, or other state programs?
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Destiny Bryant
•I haven't really looked into those yet. Do you know if there are income requirements for those programs?
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Nadia Zaldivar
•Yes, most have income limits, but since you're currently without pay, you might qualify. Worth checking with DSHS for temporary assistance programs.
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Avery Davis
Just want to add that Washington State does have paid family leave now, but you have to have been paying into the system. If you qualify for that, it might cover some of your leave time.
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Destiny Bryant
•I did apply for the paid family leave but it only covers a portion of my regular pay and for a limited time. That's why I was hoping unemployment might fill the gap.
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Avery Davis
•Unfortunately they don't stack. You can't get both paid family leave and unemployment benefits at the same time.
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Rajan Walker
seriously though why is it so hard to get real answers about this stuff... spent 3 hours on hold yesterday and got disconnected
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Anna Xian
•That's exactly why services like Claimyr exist. The phone system is overwhelmed and people need to actually reach someone who can give definitive answers.
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Rajan Walker
•might have to look into that because this is ridiculous
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Dyllan Nantx
Bottom line for the original poster: while on protected FMLA leave with job attachment, you won't qualify for unemployment benefits through Washington ESD. The system is designed for people who are involuntarily unemployed and available for work.
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Destiny Bryant
•I appreciate everyone's input. Sounds like I need to focus on other forms of assistance rather than trying to get unemployment.
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Collins Angel
•That's probably your best bet. The unemployment system has pretty strict requirements about availability for work.
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Marcelle Drum
Had a friend go through this exact situation. She ended up calling Washington ESD multiple times and got different answers from different agents, which was super frustrating.
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Destiny Bryant
•That's what I'm worried about - getting inconsistent information depending on who I talk to.
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Marcelle Drum
•Yeah it's definitely worth getting it in writing or asking for a supervisor if you get conflicting answers.
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Lukas Fitzgerald
The key thing to remember is that unemployment insurance is really 'involuntary unemployment insurance.' If you still have a job that's being held for you, you're not involuntarily unemployed in their view.
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Destiny Bryant
•That actually makes a lot of sense when you put it that way. I guess I was thinking about it wrong.
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Lukas Fitzgerald
•It's a common misconception. People think no paycheck equals unemployment, but there are a lot more factors involved.
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Tate Jensen
just want to say congratulations on your baby! I know the financial stress is real but hope you're able to enjoy this time
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Destiny Bryant
•Thank you! That's really sweet. It's definitely been stressful worrying about money but trying to focus on the positive.
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Tate Jensen
•You're doing great mama! The financial stuff will work out one way or another.
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Adaline Wong
For what it's worth, I used Claimyr when I had questions about my claim status and it was super easy. Got through to someone in like 10 minutes instead of waiting hours.
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Destiny Bryant
•That sounds amazing compared to what I've been dealing with. I think I'm going to try it.
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Adaline Wong
•Definitely worth it when you need actual answers instead of just general information from the website.
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Nadia Zaldivar
One more thought - if your employer reduces your hours when you return from leave instead of giving you your full position back, that could potentially qualify you for partial unemployment benefits at that point.
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Destiny Bryant
•That's good to know for the future. Hopefully they'll give me my full hours back but it's good to know there are options if not.
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Nadia Zaldivar
•Exactly. Keep that in mind when you're transitioning back to work.
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Gabriel Ruiz
This whole thread has been super helpful. I'm due in a few months and was wondering about the same thing.
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Destiny Bryant
•Glad it helped! Definitely plan ahead financially since unemployment probably won't be an option.
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Gabriel Ruiz
•Will do. Thanks for asking the question and getting all this good information!
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Dyllan Nantx
Final summary: Unpaid FMLA leave with job protection = no unemployment eligibility. You must be able, available, and actively seeking work. Job attachment through protected leave disqualifies you even without wages.
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Destiny Bryant
•Perfect summary. Thank you everyone for all the helpful responses!
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Misterclamation Skyblue
•This should be pinned somewhere. Super clear explanation of a confusing topic.
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Peyton Clarke
wait so if I'm on unpaid sick leave but my job isn't protected I might qualify?
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Dyllan Nantx
•Potentially, but you'd still need to meet the able and available requirements. If you're too sick to work, you wouldn't qualify. It depends on your specific circumstances.
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Peyton Clarke
•got it, so it's not just about whether you're getting paid or not
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