Maternity leave/unemployment ?

MontyMrs

I'm a freelancer or I'd really call myself a "permalancer" at my job, I've been there for over three years.  I get no benefits. I'll be talking to the boss next week and probably will be planning on taking 3 months off and going back to work.   

In this situation is it legal/ethical for me to claim unemployment for my maternity leave?  I've put aside funds for my months off but with 3 babies coming home every penny will count.  I plan of talking to our finance guy about this as well.  My state benefits say that I can claim if I "quit" my job to care for a child.  Thoughts?   

LCB34

It sounds like (per your last sentence) it is legal. 

However, to me, it doesn't seem very ethical.  I would not be comfortable doing it.   

MontyMrs

I guess the ethics of it is what I go back and forth on here.  They've been very good to me, but certainly haven't gone out of their way to hire me on as staff.  I don't think the small unemployment benefit is worth damage to my relationship with the company though.  

Mrs.Reem

I'm not sure you can claim unemployment if you're not an employee. You're more like a contractor, right??  or am I misunderstanding?

OrangeSmoke

I would think if they agree to hold your freelancing position while you are gone, you shouldn't be able to claim unemployment...

If not, then I say go for it.

 

GuitaristsGirl

If you haven't been receiving benefits and were never hired, I suspect that they haven't been paying unemployment for you either - meaning that you also couldn't receive unemployment benefits. 

Have you talked to anyone in HR or the unemployment office or anything like that?  Just asking because it would seem strange to me if you really could get benefits based on the situation you describe. 

MontyMrs

Well, I am on their payroll with them taking taxes out. I think a true independent contractor is a freelancer with their own corporation who bills the company and doesn't get taxes taken out.  What is supposed to happen is when a freelancer works for a company for over 6 months you either can't work for them anymore in that year or they have to put you on staff.  All the small production companies I work for fly under the radar on this issue.  

I'm not sure if they pay unemployment benefits on me or not, we have a finance guy and I'll talk this over with him. I won't try and screw them since I'm sure they'll be holding a job for me.

Thanks for all the input 

RoxBride

In most cases, unemployement means you are ready and able to work.  You wouldn't be, since you are on maternity leave, so it would be illegal.

sescms2004

I received unemployment for a few months after I got laid off several years ago.  In order to receive benefits (in my state) you had to prove that you were actively searching for a job & keep a log of all phone calls, contacts, people you spoke with, etc.  Just FYI...