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Unemployment Insurance: Pregnancy, Maternity Leave Unemployment insurance and maternity leave should fit like a hand and a glove. You won't be working during your maternity leave. Unemployment insurance pays benefits when you are out of work. You should be entitled to a benefit - right? If only it were so easy. If you are pregnant and facing a maternity leave without pay, you are in a tough spot. Unfortunately, you don't have a lot of options unless you fit into a few narrow categories. Below is an outline of what you should consider. Scroll to the bottom of the page to learn more.
Unemployment During Your PregnancyUnemployment during pregnancy can occur for a host of reasons: job performance, economic downturns, or your own pregnancy disability. Each situation has differing consequences for you. If you lose your job because of documented job performance shortcomings you are in a tough spot. Unemployment insurance in most states typically does not cover performance based job loss. On the other hand if you lost your job because your pregnancy prevented you from performing your job duties you may be able to protected under the Pregnancy Discrimination Act. If you are laid off during your pregnancy as part of a general staff reduction you should file an unemployment claim with your local state office. Unemployment insurance is designed for people in your situation. Your doctor may order you to stop working before your delivery. Missed work due to pregnancy complications are considered a disability, and unemployment insurance would not apply. However, short term disability insurance would replace a portion of your income during this time. Click the links below to see if your state provides disability coverage. A private policy will help if coverage began before getting pregnant.
Maternity Leave UnemploymentMaternity leave unemployment needs to be cut in two: your initial leave, and your return to work. During your initial maternity leave, unemployment insurance will not pay benefits. Unemployment Insurance is intended to help people who lose their jobs due to economic reasons - ie no fault of their own. Your maternity leave is not the same as job loss - it's considered a disability: you are unable to work for medical reasons. Unemployment insurance is intended for job loss. When you attempt to return to work you may not longer have a job. State and federal maternity leave laws provide job protection for specific time periods for some workers. Your leave may extend beyond the specified time frames, or your employer may or may not be subject to these laws. Your leave may extend beyond the job-protected timeline if you experience postpartum disorders. You may miss more work than expected. If your leave time exceeds the mandated timeline, your employer does not have to bring you back. Once you are physically able to work again, you may be eligible to unemployment insurance benefits. If your employer holds your job open during your maternity leave, it will be difficult to collect a benefit. But don't let that stop you from trying. File a claim anyway - all they can do is say "NO". If you lose your job during maternity leave, then unemployment insurance may pay benefits.
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