< Back to Washington Unemployment

Fired right before maternity leave - Can I get unemployment after paid medical leave ends?

Just had a bombshell dropped on me yesterday. I've been working at a marketing firm for almost 2 years, and I'm currently 32 weeks pregnant. My boss just terminated me for 'performance issues' that were never documented in any of my reviews. I'm pretty sure it's because they don't want to deal with my maternity leave, which was supposed to start in about 6 weeks. I do qualify for Washington Paid Family & Medical Leave since I've worked enough hours, so I'm planning to file for that when the baby comes. But what happens AFTER that? Can I file for regular unemployment benefits once my paid leave runs out? I'll definitely be looking for work at that point, but I'm worried that being fired will disqualify me somehow. I've never been in this situation before and I'm really stressed about supporting my family after the baby arrives. Anyone have experience with this weird timing between being fired, taking medical leave, and then trying to get unemployment?

I think it depends on why exactly u were fired. If they really did fire u bc of the pregnancy that's discrimination and u should talk to a lawyer asap!!

0 coins

Diego Chavez

•

Thanks, I'm definitely considering that angle too. But I'm also trying to be realistic about income in the meantime. I don't have documentation that explicitly proves it was pregnancy discrimination.

0 coins

Sean O'Brien

•

Yes, you CAN apply for regular UI benefits after your Paid Family & Medical Leave ends. The key factor is that you need to be able, available, and actively seeking work when you apply for UI. Your situation is actually pretty common. When ESD reviews your claim, they'll look at why you were terminated. If they determine it wasn't for misconduct (and vague 'performance issues' without documentation often don't qualify as misconduct), you should be eligible. The timing between benefits would work like this: 1. Use your PFML benefits first when the baby arrives 2. Once PFML runs out, apply for UI if you're ready to return to work 3. Meet the job search requirements (3 activities weekly) I'd suggest gathering any positive performance reviews and documentation now while you still have access to prove the firing wasn't for cause. Good luck!

0 coins

Diego Chavez

•

This is incredibly helpful information, thank you! I have copies of my last two performance reviews which were both positive. I'll make sure to save those for when I need to file the UI claim after PFML ends.

0 coins

Zara Shah

•

omg the same EXACT thing happened to my cousin last year!! they fired her like 3 weeks before her due date for some BS reason. she got the paid family leave and then applied for unemployment after that and did get approved. her boss tried to fight it but she had good reviews too so that helped her case a lot. hang in there!!

0 coins

Luca Bianchi

•

This is why I tell everyone to DOCUMENT EVERYTHING at work. Save emails, performance reviews, everything. Companies pull this garbage all the time and then try to deny unemployment.

0 coins

I work in HR (not for ESD) and can share some insight. In Washington, if you're fired for alleged performance issues but there's no documentation of warnings or a performance improvement plan, ESD often rules in the employee's favor. Your employer would need to prove misconduct, not just general dissatisfaction with performance. One thing to keep in mind: when you apply for UI after your PFML ends, make sure you're truly able and available to work full-time. If you have childcare arrangements and are actively looking for work, you should be eligible assuming the termination wasn't for misconduct. Also, keep in mind there's a waiting week for UI benefits, so plan your finances accordingly for that gap week between PFML and when UI payments would start.

0 coins

Nia Harris

•

I've been trying to call ESD to ask about a similar situation (being fired right before paternity leave) but it's IMPOSSIBLE to get through. Been calling for 3 days straight and either get disconnected or told the wait is 4+ hours. Any advice on actually reaching a person there?

0 coins

Mateo Gonzalez

•

@TiredDad2025 I was in the same boat last month and finally used Claimyr to get through to an ESD agent. Found it at claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. They basically hold your place in line and call you when an agent is available. Saved me literal days of frustration when I needed to sort out a similar issue with being laid off before parental leave.

0 coins

Aisha Ali

•

BE CAREFUL with the timing here!!! I made a mistake when applying for UI after my medical leave and it caused a HUGE headache. Make sure when you file for UI that you're saying you're available to work RIGHT NOW, not that you'll be available soon. If you indicate any restrictions on your availability, they'll deny you and getting it fixed is a nightmare. Also, if your employer tries to fight your UI claim (which they probably will to avoid their rates going up), be ready to appeal. I had to go through an appeal hearing and ended up winning, but it delayed my benefits by 8 weeks. Start saving any documentation NOW.

0 coins

Diego Chavez

•

Thanks for the warning! I'll definitely make sure I only apply once I have childcare arranged and am 100% available to work. Did you have to attend a formal hearing for your appeal?

0 coins

Aisha Ali

•

Yeah, it was a phone hearing with an Administrative Law Judge. It was actually less scary than I thought - just had to explain my side and show my documentation. But the wait was stressful. Definitely line up childcare before applying for UI!

0 coins

Sean O'Brien

•

I want to add one more important thing: when you file for UI after PFML, you'll need to report that you received PFML benefits when asked about other income during the application. This won't disqualify you, but you need to be honest about it. Also, your UI benefit amount will be calculated based on your highest-earning quarters in your base year, which should include your employment before being fired. So at least your benefit amount should still reflect your full-time wages.

0 coins

Diego Chavez

•

Thank you for this additional information. I'm making notes of all this so I don't make any mistakes when the time comes to apply. Do you know if I need to report any severance pay as well?

0 coins

Sean O'Brien

•

Yes, absolutely report any severance pay. Depending on how it's paid out, it might affect your benefits for those weeks. If you got a lump sum, ESD may prorate it across several weeks. Always better to report everything and let them decide than to miss something and face an overpayment later!

0 coins

Luca Bianchi

•

Just wanted to say your employer sounds AWFUL and I'm sorry you're dealing with this while pregnant. The stress is the last thing you need right now. This is why we need better worker protections in this country!! Companies get away with this garbage all the time because they know most people won't have the resources to fight back.

0 coins

Diego Chavez

•

Thank you for the sympathy! It really does feel terrible to be going through this during what should be an exciting time preparing for the baby. I'm trying to focus on one step at a time rather than getting overwhelmed by everything.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,725 users helped today