Can I continue CA unemployment benefits if I quit a temporary positionbecause of mymaternity due date?

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Can I continue CA unemployment benefits if I quit a temporary positionbecause of mymaternity due date?

I filed and was awarded the max CA UI benefit in 10/10. However, I accepted a 3-month contract position in 11/10. They delayed the start of the contract to 12/10. As a result, I will have to quit prior to the end of the contract (up until the end of January) because I will be due with my first child the first week of 02/11. Will I be able to continue with my UI benefits where I left off before taking the contract position? If not, can I qualify for some other benefit?

Asked on December 14, 2010 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

California unemployment law is quite strict, as it is in most other states.  This is to prevent unemployment insurance fraud and eliminate individuals from collecting unemployment and working.  In California, you are required to file on a continuous basis proof that you have attempted to seek employment and file an affidavit to that effect.  You may still be able to collect while partially employed but once you quit (prior to the three month contract end date), you will undoubtedly be scheduled for a telephone interview to determine if you are eligible to obtain unemployment.  Further, if you obtained this contract as an independent contractor, you need to find out whether this breaks any claim you originally had when you were collecting unemployment and if now you don't qualify because you are no longer an employee.  You might qualify for short term disability due to your pregnancy and giving birth, but check with California's Employment Development Department for both unemployment and disability insurance.


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