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Can I collect unemployment if my job lets me go after having a baby?"


(Texas)

Can I collect unemployment if my job lets me go after having a baby?" I am 6 months pregnant and just started a job. I will not work there long enough to receive FMLA or PTO. Can I collect unemployment after I have the baby? I am in the state of Texas?




Hi,

How long are you planning to be out? In the absence of available PTO or FMLA have you spoken to the employer about a personal LOA when you do have your baby?

Will you have qualifying wages in your base period?

If you don't want to answer these questions .. feel free to use the search bar on this page to search this site using word such as ...

Leave of absence
FMLA
Maternity leave

I've answered many question about being fired for a "circumstance beyond your control".

To understand your situation I suggest you need to understand the difference between being fired for misconduct or "appearing to have quit without good cause" which you can find my monologue about on Can you quit and collect unemployment.

If you have the qualifying wages .. and if you take the appropriate action .. there is no reason you should not be able to collect unemployment if they fire you.

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Oct 23, 2009
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by: Anonymous

yes I have spoken to the employer and they said when I have the baby I cannot return. I will have to reapply when I'm ready to return to work.

Hi

Please understand that you should be able to collect unemployment based upon the fact that the employer is opting not to allow you any time off to have a baby (although you didn't indicate how much time you asked for), but that little blurb about having to reapply for work could be used to protest your claim.

Some states may lean toward focusing on a failure to reapply when you become able and available .. not that I think it's right, but I've known it to happen.

In any event, make sure the employer is notified when you do have the baby. If you aren't able to call and tell them, have someone call in for you.

When absences are beyond your control .. there's not much you can do except adhere to the employer's policies with regard to calling off.

And remember, you are not able to collect until you are able and available to go back to work.


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