by anners » Sun Dec 27, 2009 06:41 am
I live in California. I am 3 months pregnant and was laid off on Nov. 30th. I know that with unemployment, you have to consistenly look for jobs. My dr has told me that since I am having twins, If i were working, I would be out of work by the 27 to 32nd week of my pregnancy, for the risk of preterm labor or anything of that sort. I was wondering if I still don't find a job by the time i am 27-32nd week, if i can go on disability? OR will i still recieve unemployment during and after I give birth?
Posted: Sun Dec 27, 2009 12:31 pm Post Subject:
It would be my bet that if the unemployment dept knows of your pregnancy then the inemployment would cease. Are you talking about a private disability policy you have with your former employer?
Posted: Mon Dec 28, 2009 01:13 am Post Subject:
Let's be clear about what types of disability coverage are available. We also need to distinguish between short and long term disability.
Short term disability is generally a disability that takes you out of work for 1 to 3 months. Pregnancies typically trigger short term benefits.
Long term disability is generally a disability that takes you out of work for more than 3 months. Usually coverage for this kicks in after a waiting period (known as an elimination period) which begins after any short term benefits you might have been able to collect are exhausted.
Types of insurance
1.) Private insurance
This is what you would get through a group plan at work, or from an individual disability insurance plan you yourself buy privately and pay for.
2.) Social Security Insurance Disability (aka SSI)
This is offered as a social security benefit and eligibility is requires you to wait 5 months before applying and then your disability must wither be irrevocable or be expected to result in your death in 12 months.
3.) State required disability benefits
There are 5 states in the United States that require employers (with few exceptions) to cover every full time and most part time employees with a short term disability benefit. The 5 states are CA, HI, RI, NJ, and NY.
California's version of this has a complex formula that determines how much you get, and the benefit period is quite long.
There's a hitch here, you're ability to obtain disability benefits now that you are unemployed will be very tough. You won't be eligible for a group plan, and SSI will not cover the missed work due to the pregnancy unless you have som circumstance that takes you out for much longer.
Individual long term disability insurance won't pay because you likely won't satisfy the elimination period.
As far as CA's mandatory benefits, you would need to seek advice from someone else. I'm no expert on the exact details of that program.
Posted: Thu Dec 31, 2009 03:49 am Post Subject:
If you were laid off you will not be eligible for any short term disability benefits. I was in the same exact situation as you, but luckily my Dr. had put me on medical leave before the layoff occurred, so legally I was still covered, but if you are laid off, you lose you STD benefits. It isn't fair, but thats the way they work. As far as unemployment goes, legally, just as long as your physically able to "work", you can continue to file your weekly claims. I had a friend with a situation similar to you, and was laid off during pregnancy, she continued to file her weekly claims throughout her entire pregnancy, she never told them she was expecting, and did continue and comply with a job search online, as they do now. She had no problems continuing to get her benefits. It would just really be up to you, and how you feel about it. Some pregnant people carrying twins are able to work further along than others.
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