If your employer contributes to the state disability fund (which you would know by deductions from your paycheck), and you are unable to work due to pregnancy related reasons, you should be eligible for SDI, from the time you are unable to work. If there is a gap between the layoff and your disability, you should be eligible for unemployment benefits for that brief period of time.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
Mr. Kirschbaum is correct. Unemployment benefits are for those able to work and looking for a job. State disability benefits are for those who cannot work because of a defined disability. Between the two, you should be covered.
It always concerns me to hear that someone is laid off after the employer hears that the employee is pregnant and will be taking leave. If you are sure that your termination is part of an overall layoff and your inclusion in that layoff seems reasonable and appropriate under the circumstances, then there is probably no reason for concern. However, if you are curiously the only one being laid off, or it seems you have been chosen for layoff instead of others with less seniority or work performance quality, then you might be the victim of pregnancy discrimination.
If you believe that your situation might be unlawful pregnancy discrimination, you should consult with an employment lawyer right away.
Good luck to you with your new baby!
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Were you the only employee laid off? If so, this is a bright red flag for possible pregnancy discrimination. Generally, you have the right to return to your previous job. New pregnancy regulations strengthen your rights.
Having a baby should be a joyful experience that should not cost you a job.
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