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June 2014 Moms
cspencer85
member
Has anyone ever gotten unemployment after losing a job due to pregnancy?
cspencer85
member
My maternity leave ends in about 6 weeks and I technically have 6 weeks left until the baby is born and then I will lose my job. I'm hoping I'll be able to get unemployment after that but I'm not sure if losing a job due to pregnancy qualifies.
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Re: Has anyone ever gotten unemployment after losing a job due to pregnancy?
Married DH 7/30/11
CSC arrived 5/7/12
CHC arrived 6/2/14
I had only been working for my company for about 6 months when DS was born so I did not qualify for FMLA since it hadn't been a full year of employment. I had a plan in place with my employer that I would get my full 8 weeks of STD since I had a csection and then I could take 4 more weeks of unpaid maternity leave. when DS was 2-3 weeks old I got a registered letter from my employer that I was terminated because I did not qualify for FMLA and the company decided not to hold my position for me. This is technically legal because I was not covered by FMLA (I have multiple attorneys in my family who all said there was no case) even though I had a plan in place with my employer, nothing was legally holding my job for me. I was still able to receive my full 8 weeks of STD (not sure how that worked, possibly because I enrolled in COBRA?) and I was able to qualify for unemployment because I had a letter of termination I could provide to the Dept of Labor.
so I would think as long as you are provided with a letter of termination, you would be able to apply for unemployment?
Hmmm. Well I've been out on leave since the first week of April due to PIH. My OB said I could go back part time and see how that goes and I talked to my boss, but apparently it's a policy that says if you're hired full time, you have to be there full time. So I stayed out. Then a couple weeks later, my OB said I could go back full time but I have to have two 15 minute breaks. And apparently that's against policy too because our office is so busy, they can't guarantee those breaks, which makes no sense to me because they legally have to give you breaks if you're breastfeeding. But what do I know? So I'm still out on leave. I called HR and left a message asking how much fmla I have left. I think I have five weeks left, which is how much longer I have in this pregnancy. So right after the baby comes, I'd technically have to go back to work. I don't see that happening, which is why I'm curious about the unemployment. My boss told me way back before any of this happened, that I get 12 weeks of fmla in a calendar year, and nothing else. She asked how long I was planning on taking with the baby and I said 12 weeks. She said if I had to have surgery later on, I wouldn't be able to. I have the greatest employer on earth. Note sarcasm. And she said they can post my job after 12 weeks, which I'm almost positive they'll do, because someone just quit and with me out on leave, they're very short-staffed.
I fell back in August. I hurt my ankle and was off from August until October. Then in December I was having cardiac issues and was taken off work until post partum.
FMLA... Your employer must hold your current position for 12 weeks. After 12 weeks, they do not need to hold your current position but must have one available to you should you come back between 12 and 26 weeks. After 26 weeks they no longer need to hold any position and you are terminated. This is cumulative for a 12 month period (my initial FMLA started in August so any time taken off in a 12 month period, regardless of the reason, will count) Short term/long term disability line up with this.
In my case, I used over half my 12 weeks with my ankle. Then at the end of December my manager no longer needed to hold my position if she didn't want to. Then, mid April I met the 26 week mark and I was terminated. However... Talk to HR because, in my case, for 90 days I'm eligible to apply as an internal candidate and if hired they will simply do the paperwork and it will look like I never left (will still hold all my seniority, etc) --- not sure if this is facility thing?
As far as std/ltd. My std ended mid April when I hit my 26 week mark and my ltd kicked in. I have not tried to get unemployment because i do not need it and my ltd company is ok with me not pursuing it. However, because you are being terminated (and not because of wrong-doing) I would imagine that you should be eligible. Hope that helps a little.
I know you can take FMLA leave (if you and your company qualify) for a variety of reasons, it sounds like you are taking part of that time for the "care and treatment of a serious medical condition", and will have very little left for "baby bonding". I believe STD must be take concurrently with your FMLA (it sounds like you are doing this already). As for qualifying under the ADA for reasonable accommodations (like two 15 min. breaks), I belive that you have to be diagnosed with a qualifying medical condition/disability, and it sounds like your PIH might, but if you are already cleared to go back full time, that might be a moot point). So to me, it sounds like you would just be taking unpaid, uncovered leave after the baby is born to recover and bond, and if you've used up your fmla, and don't have any sick time or vacation you can use, it THINK they can legally terminate you. In that case I believe you would qualify for unemployment, since you were unable to perform you work functions and you were not released for any disciplinary reason.
I would check out the website for the unemployment agency for your state and maybe give them a call to pre-emptively ask. Good luck!
Edit: OP, I think we need a little more info. How long have you been out, and by "maternity leave" are you actually referring to FMLA or some other leave benefit?
IVF/FET #1 - BFP!!
DX - PCOS 2004
FET #2 - scheduled for 11/24/15