Employers Contesting Unemployment Claims From Pregnant Workers
While pregnancy discrimination is illegal, it unfortunately still occurs. If your employer fired you from your job because of your pregnancy and refused to provide reasonable accommodations for you to perform your job, you can file a claim for unemployment benefits and a discrimination charge against your former employer. Some employers concoct reasons to fire pregnant workers and might contest their unemployment compensation claims by alleging that they engaged in misconduct. Keep thorough records and documentation, including emails, texts, requests for accommodations, the contents of your personnel file, and witnesses who could testify on your behalf. An attorney at Swartz Swidler can help you with your claim for unemployment compensation and your claim for wrongful termination based on your pregnancy status.
Losing your job while you are pregnant can be problematic. If you are fired during pregnancy, your condition will not prevent you from getting unemployment compensation. If you believe that your employer fired you for a pretextual reason simply because of your pregnancy, contact the employment lawyers at Swartz Swidler for advice. Our attorneys are dedicated to helping to protect the rights of our clients and can explain the legal remedies that might be available. Schedule a consultation by calling us at 856.685.7420.
Childcare Subsidies And Vouchers
The federal government provides grants and funding to states and local communities to help qualified low-income families access affordable day care services. To qualify, you must be employed, going to school, or enrolled in an approved job training program before taking advantage of the day care services offered under this program. Funding provided by the government only covers a portion of overall childcare expenses, however, which means youll still be responsible for the difference. To see if you qualify and to find a local participating facility, call 800-424-2246.
U.S. Housing and Urban Development
USDA Rural Development
Health Resources and Services Administration
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Does Pregnancy Affect Unemployment Benefits
If you are pregnant and lose your job, you may be eligible for unemployment benefits. The eligibility requirements for collecting unemployment are the same, whether you are pregnant or not.
In addition, the federal government has passed a number of laws protecting pregnant women and new mothers from employment discrimination or hardship. One of them may help you collect benefits or find other resources to ease your unemployment.
For example, the Family and Medical Leave Act allows eligible parents to take time off for prenatal care and incapacity related to pregnancy, and the Pregnancy Discrimination Act makes firing a worker on account of pregnancy illegal.
Unemployment benefits programs are intended to provide a safety net for workers who lose their jobs through no fault of their own.
If you’re laid off or your company closes, you’re entitled to receive a portion of your salary through the government.
There are ways to get disqualified from eligibility, but being pregnant is not one of them. Women who are pregnant and new mothers are eligible for unemployment benefits.
Here’s information on eligibility for unemployment benefits, filing and continuing unemployment claims, and legal protections for pregnant workers.
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Information Youll Need To Submit Your Unemployment Claim
To successfully complete your unemployment benefits application, youll need to have several documents that act as proof for your claim.
- Social Security number.
- Names and addresses of all previous employers during the last 18 months.
- Pay stubs that show your quarterly earnings.
- The last date you were employed.
- The reason you have become unemployed be sure this reason matches your employers reason, as processors will verify your claim with your previous employer.
- Personal identification number from any previous Michigan unemployment claims.
- If you are not a US citizen, youll need your Alien Registration Number and expiration date for work authorization.
Be sure to gather this information first before beginning the application process. You can also read our guide on the unemployment application process for more tips.
After filing for unemployment benefits, the UIA will contact you by mail regarding your benefits. They will explain if your claim has been accepted or denied . If accepted, the information packet will show how large your weekly benefit check will be and how often you can receive unemployment payments. This information will also include information on what you must do to continue receiving benefits.
Faq: Maternity Leave Coverage
Get answers to questions about Temporary Disability and Family Leave Insurance programs for expectant and new mothers. For an overview on both wage replacement programs and how they work with job protection laws, click .
Can I collect Temporary Disability Insurance benefits for my pregnancy?
Eligibility for Temporary Disability Insurance benefits due to pregnancy is determined in the same way as any other disability. You must meet the wage requirements, and your medical provider must certify that you are disabled and unable to work due to your pregnancy.
When should I apply for Temporary Disability Insurance if Iâm pregnant?
File your application when you have stopped working and your medical provider certifies that you are unable to work due to your pregnancy.
How long can I collect Temporary Disability Insurance benefits for my pregnancy?
Benefits are usually payable up to four weeks before the expected date of delivery, and up to six weeks after you give birth . If your medical provider certifies that complications exist more than four weeks before your expected delivery date or longer than eight weeks after the birth, benefits may be payable for a longer period.
Do I have to live in New Jersey to receive Temporary Disability Insurance benefits for pregnancy?
You may be eligible to receive benefits if you work in New Jersey, regardless of where you live.
Why haven’t I gotten my FL2 yet?
Can I collect Temporary Disability Insurance benefits if my baby is sick?
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Can You Qualify For Short Term Disability Insurance While Pregnant
Many companies, as an option or under legal obligation, may offer you disability benefits. Short-Term Disability insurance plans provide income protection for the period you could not work due to childbirth. If you are enrolled in your companys STD insurance plan, you can apply for benefits when you are off from work due to pregnancy. While these policies dont provide 100% income coverage, the funds they do provide can be helpful. Also, note that the program does not start until you have been unable to work for a few weeks.
You can also learn more about additional benefits available in your state that are specific to your situation. Speak to your supervisor or the HR representative well in advance to make the best use of available schemes and welfare offered by both the federal or state government and employer before starting maternity leave.
Desantis Disputes That Florida Denies Pregnant Women Unemployment Benefits So Why Were They Flagged
TALLAHASSEE Gov. Ron DeSantis is refusing to say why the states unemployment agency is denying benefits to Floridians who were pregnant, sick from COVID-19 or caring for children at home.
I dont trust the premise of the question, DeSantis told a Times/Herald reporter during a Monday news conference. Its not something Im going to accept at face value.
When asked to elaborate, his spokeswoman, Meredith Beatrice, said the premise that the state was denying benefits was false, inaccurate, and intentionally misleading to the public.
Beatrice said all of those categories of people qualify for federal pandemic-related benefits, such as the Pandemic Unemployment Assistance program, which specifically allows people to receive benefits if they are not able and available for work.
But for those who arent able and available, Florida has been denying state benefits, the maximum $275-per-week Florida offers for those who are out of work.
Even though the pandemic cost millions of Floridians their jobs and shuttered schools, former call center workers contracted by the Department of Economic Opportunity told the Times/Herald that they were told to filter out those who arent able and available for work under state law and therefore ineligible for state benefits.
Categories of people that were to be flagged include:
Department Director Dane Eagle told a Senate committee Tuesday that it was preposterous that the state was denying pregnant women benefits.
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The Quick Answer: Yes But It Depends
Unemployment serves as a lifeline of sorts for workers who aren’t terminated for cause. In other words, someone who gets fired for consistently showing up late to the office won’t be eligible, but if you lost your job because your company downsized, you can generally file a claim for benefits.
The amount of money you get from unemployment will depend on what you earned and where you worked. Either way, your unemployment payments aren’t designed to replace your entire paycheck but rather a portion thereof. Still, collecting those benefits while you search for new work is crucial, especially if you don’t have much in the way of savings to tide yourself over and your company doesn’t offer a particularly generous severance package.
Of course, not everyone is eligible for unemployment, and you’ll need to meet certain requirements to get your hands on that money. You might therefore be wondering what happens if you’re a woman who loses her job during a pregnancy. Are you allowed to file for benefits, or must you wait until after your child is born to submit a claim?
Your Guide To Unemployment Benefits In Michigan
Michigan residents who have lost their job through no fault of their own can qualify for unemployment benefits. The State of Michigan provides this safety net in situations where workers have become unemployed due to a layoff, a labor dispute, or being placed on mandatory leave of absence.
Michigan unemployment benefits and unemployment compensation are meant to provide a temporary source of income until you are able to find another job. This service is provided by the states Unemployment Insurance Agency . All employers in the state pay unemployment taxes, which are then paid out weekly to workers who lose their jobs.
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Know Your Rights: Pregnancy Workplace Rights & Covid
In the midst of the COVID-19 crisis, these are uncertain times. If you are pregnant and working or have had a recent change in your employment status, the crisis may add an additional layer of uncertainty and raise a host of unique questions. A Better Balance is here to help. Below are some frequently asked questions and answers that we hope will provide some guidance and clarity on your rights to paid or unpaid time off, reasonable accommodations, and the right to be free from discrimination if youre pregnant during the pandemic. We also hosted a webinar covering many of these questions, which you can access below. For health information about COVID-19 and pregnancy, visit the CDC or ACOG for more information or speak with your health care provider.
For the webinar slides, see here.*
Family Medical Leave Act And Maternity Leave
You may have heard this term before, or it may be your first time. FMLA lays down rules and acts as the guiding principle for maternity leave and allied benefits. While some employers are legally obligated to provide employees with time off from work for maternity leave, it is not always the case.
In most states, only the companies that fall under Family Medical Leave Act guidelines are required to provide leaves related explicitly to becoming a parent or any other kind of illness. You must be aware that both parents are eligible for certain days of leave at the time of pregnancy and post-delivery of the baby. This type of leave is provided during childbirth, adoption, and foster situations.
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Q: If You Are Pregnant Can You Collect Unemployment Compensation
A: Yes. The same rules apply to pregnant women as apply to everyone else. However, pregnancy is not considered good cause to voluntarily quit a job. If you choose not to work because you are pregnant, you cannot receive unemployment compensation. However, if your company fires you because of your pregnancy , you can receive unemployment compensation. You can continue to receive your unemployment compensation benefits after the child is born if you are able and available to work.
Financial Help For Pregnant Women From Religious Charities
There are a variety of religious organizations that may offer help to pregnant women. Since financial pressures and lack of support may contribute to the decision about abortion for some women, these groups seek to financially support women who may want assistance in carrying the pregnancy to term. They may supply clothing and baby items as well.
Pregnancy Resource Centers offer counseling, medical services and may be able to help you secure local financial resources in your community. Click to find the pregnancy centers near you.
Catholic Charities in many communities offers assistance to women with unplanned pregnancies. They provide pregnancy counseling and adoption services as well. You can check with the Catholic Charities in your area if you are in need of assistance with your pregnancy.
Adoption Agencies may offer financial assistance if youre considering placing your baby for adoption. This assistance may come from the parents you choose for your baby.
These non-pregnancy specific assistance programs may help too:
Section 8 Housing
Rent Help for Low-Income Rural Families
Energy Bill Assistance
The Low Income Home Energy Assistance Program helps millions of families nationwide overcome this problem. To learn more, contact LIHEAP directly at 202-401-9351.
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Unemployment After Maternity Leave
After maternity leave ends, getting unemployment benefits is often more feasible when the five main disqualifiers no longer apply.
However, your states rules about good cause reasons for quitting or job termination can affect your eligibility unless your employer laid you off.
Pregnancy Rights In The Workplace
Employers have many questions regarding employee pregnancy issues. Here is an outline of the basic things to keep in mind about the rights of a pregnant employee:
Fewer than 15 employees:
If a business has fewer than 15 employees , it is not covered by any employment law relating to pregnancy or disability, and the business would be free to handle the situation in any way it deems appropriate. Of course, a business not covered by such laws would still want to treat its employees as fairly and consistently as possible, if for no other reason than to minimize complaints, unnecessary turnover, and the risk of unfavorable publicity. Businesses with 15 or more employees should see the comments below.
15 or more employees:
If the business has 15 or more employees, it is covered by state and federal pregnancy and disability discrimination laws, which require non-discriminatory treatment of pregnant employees and reasonable accommodation for employees with disabilities. Disability laws can come into play for a pregnant employee if the pregnancy becomes complicated and results in something that can turn into a disability, such as gestational diabetes.
Reasonable accommodation is something that the company can do, without undue hardship to the business, that allows the employee to work and manage any periods of leave.
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Temporary Assistance For Needy Families
The Temporary Assistance for Needy Families program can also offer assistance to pregnant mothers if you are pregnant with no resources. TANF is federally funded but administered by the state the goal is to provide temporary financial assistance at the same time while helping you find a job to better support yourself. The financial aid can be used to purchase food, clothing, housing, utilities, and medical supplies.
Low-income families with children and pregnant women who are in the last three months of pregnancy are typically able to receive these benefits. Each state has specific eligibility requirements like with Medicaid. In order to apply, you should contact the Medicaid office in your state.
Legal Protections For Pregnant Workers
It is illegal under the Pregnancy Discrimination Act of 1978 to fire an employee because she is pregnant. If youre job searching, its also illegal for an employer to refuse to offer you a job based on pregnancy status, unless employing you would place other workers at risk.
Further, if your employer offers accommodations for workers with certain disabilities, they must provide the same for pregnant workers with the same disabilities. For example, they couldnt provide ergonomic accommodation for a male worker with carpal tunnel syndrome, but refuse to do the same for a female worker with the same condition due to pregnancy.
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How To Collect Unemployment While Pregnant
Expectant mothers have a lot of exciting changes to anticipate. Many laws in the U.S. protect the rights of mothers who work outside the home. For instance, the Pregnancy Discrimination Act of 1978 made it illegal to fire a worker for being pregnant. Additional legislation created the Family Medical Leave Act to provide both parents with the legal protections necessary to allow them to take time away from work without being punished for it by employers. Expectant mothers are also eligible for unemployment benefits just like any other worker.
What If An Employee Wants To Be Off Work Beyond The Time She Is Physically Disabled Because Of Her Pregnancy
There is a clear distinction between childbearing leave and child rearing leave. Childbearing leave should be handled the same as other temporary leaves for medical reasons. When child rearing leave is granted by an employer, it should be available to both men and women and handled on the same basis as leave for any other non-medical personal reason.
Under the Wisconsin Family and Medical Leave Law, employers with 50 or more permanent employees must allow covered employees up to six weeks of family leave in a 12-month period, without pay, for:
Note: The federal family and medical leave law may provide additional weeks of leave. Contact the U. S. Labor Department, Wage and Hour Division.
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