When on leave after having baby can you collect unemployment

by cjsymmank » Tue Apr 20, 2010 08:04 pm

When on leave after having a baby can you collect unemployment if your company does not offer you anything for compensation during the time you have off after having the baby??

Total Comments: 3

Posted: Sat Apr 24, 2010 09:52 pm Post Subject:

What state are you in? The Federal Govt has instituted a program known as Paid Family Leave, that allows you to take up to six weeks of employer-paid time off work per year (must have 20 or more employees). Pregnancy is a qualifying condition.

PFL is normally coordinated with state disability insurance -- what your employer pays you, they do not pay to state disability insurance. You pay tax on the money, but it may come to you without income tax withholding. Your employer's HR person should be aware of this. Makes no difference if your employer offers paid sick leave or not. PFL is an outgrowth of the Family Medical Leave Act, which provides for unpaid leave and guaranteed return to work (unless your position is eliminated and there is no comparable work to return to).

Can you collect unemployment? Not if you are taking time off under FMLA or PFL, or if you are simply taking a leave of absence with the intent to return to work in 6-8 weeks or so. Alternatively, you should apply for state disability insurance benefits, since you are considered disabled. Your benefit amount is generally determined by a retrospective earnings test (such as the income you earned in the quarter ending 12 months prior to your disability).

Posted: Fri Jul 20, 2012 01:37 am Post Subject: collecting unemployment in WI after having a baby

in wisconsin can u collect unemployment while being off for having a baby?

Posted: Fri Jul 20, 2012 06:26 am Post Subject:

NO. Not in Wisconsin or any other state. In order to collect unemployment insurance benefits a person must be ABLE TO WORK AND ACTIVELY SEEKING WORK. This would not be the case when you take time off to have a baby, or the father takes time off to "bond" with the newborn baby.

You might be eligible for the PAID FAMILY LEAVE benefit I wrote about in the post above yours.

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