Maternity leave and Unemployment
NeedCoffee
595 Posts
Good morning everyone! I need some help deciphering some labor code regarding unemployment benefits.
A long time EE is about to leave on maternity leave. My original intention was to put her on FMLA leave and be done with it, which we normally do with employees. We have no ST disability programs that are company sponsored. This particular EE opted NOT to get ST disability coverage when offered as a voluntary benefit.
Issue: The EE came to me yesterday stating that her sister in law advised she apply for unemployment benefits while not working. She now wants to know her options.
I already know about all the able/active/accept rules, which would normally disqualify her from unemployment under Texas law. However, if you look at Texas Labor Code §207.045(d)(4) it states a person is not disqualified from unemployment if they voluntarily left their job for a pregnancy.
If this is true, I need help with three things:
(1) Is she technically eligible for unemployment benefits while out on maternity leave?
(2) If so, would I then have to technically lay her off so that I can complete the unemployment request, or is voluntary resignation sufficient for unemployment according to the code?
(3) If all this happens, can she concurrently be on FMLA or does that go out the window?
There are days when I hate my job. This is one of them.
Any input would be appreciated! Thanks!
Sarah
A long time EE is about to leave on maternity leave. My original intention was to put her on FMLA leave and be done with it, which we normally do with employees. We have no ST disability programs that are company sponsored. This particular EE opted NOT to get ST disability coverage when offered as a voluntary benefit.
Issue: The EE came to me yesterday stating that her sister in law advised she apply for unemployment benefits while not working. She now wants to know her options.
I already know about all the able/active/accept rules, which would normally disqualify her from unemployment under Texas law. However, if you look at Texas Labor Code §207.045(d)(4) it states a person is not disqualified from unemployment if they voluntarily left their job for a pregnancy.
If this is true, I need help with three things:
(1) Is she technically eligible for unemployment benefits while out on maternity leave?
(2) If so, would I then have to technically lay her off so that I can complete the unemployment request, or is voluntary resignation sufficient for unemployment according to the code?
(3) If all this happens, can she concurrently be on FMLA or does that go out the window?
There are days when I hate my job. This is one of them.
Any input would be appreciated! Thanks!
Sarah
Comments
And when you get the answer, please post. I'm curious about this myself.
The EE is welcome to apply for unemployment compensation. Leaving a job for pregnancy/birth does not disqualify them, even if I just have them as out on leave. In otherwords, I don't have to terminate the EE. However, whether she gets benefits is dependent on her ability to work while on maternity leave. If her doctor states she cannot work, she cannot receive unemployment compensation. If the doctor says she can work, then the commission may grant benefits.
Lucky for me, I don't have to do much but wait and see what happens for her claim. I would urge all of you to check and see if your individual states have an exemption from disqualification for illnesses and maternity leave!
State Disability has no bearing on FMLA.
If she is qualified for FMLA give her the leave as unpaid depending on your company policy.
Best wishes.