Can I get unemployment benefits for maternity leave if I work for a company that isn't covered under FMLA?

by Charlene
(Florida)

I am pregnant and my work has told me that they may possibly lay me off if I take maternity leave. It is a small business that I do not believe is covered under FMLA. If I am laid off while on maternity leave can I collect unemployment? They said that I would not qualify for unemployment if they lay me off.



Hi Charlene,

They are incorrect by saying you won't qualify if they lay you off .. you won't qualify because you will not be able and available for work.

This is an eligibility condition of collecting unemployment.

So if they lay you off and you have requested a reasonable length of unpaid leave for having this baby (document please) you might not be eligible, but when you're ready to go back to work .. you will have lifted the A&A disqualification.


No FMLA? There may still be Pregnancy discrimination.