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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37842
Experience:  Retired (mostly)
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I quit my job this week due to harassment and pregnancy discrimination.

Customer Question

I quit my job this week due to harassment and pregnancy discrimination. I have been there 3 years and will now not qualify for PFL due to intollerable working conditions .I felt I had no other chioce but to leave. After requesting light duty they scheduled me doubles without paying me overtime and not giving me a rest break ( I am a bartender in California).My boss agreed I did the right thing and said he won't fight it if I apply for unemployment. Now I am out of work but not far enough along with a twin ( high risk ) pregnancy to qualify for disability. When I am far enough along for disability ( 2 or 3 m0nths) ,will I qualify if I am out of work and if I am denied unemployment? I am unclear if you can collect disability for pregnancy if you are not employed? I have been employed for 20 years and now having a hard time finding work because I am pregnant. Thanks
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

Unfortunately, you wouldn't qualify for Paid Family Leave if you are unemployed.

You can file a claim for discrimination with the Department of Fair Employment and Housing.

You can file a claim online at:

Customer: replied 5 years ago.
I wasn't looking for information about PFL, I know that already. My question was, " can a pregnant woman still get disability if she is not currently employed? Do you have to be employed to get disability?
Expert:  Joseph replied 5 years ago.
You don't have to be employed to receive disability payments, but you may not qualify as being disabled in order to receive disability benefits.

You can file a disability insurance claim with the form available here:
Customer: replied 5 years ago.
Even when my doctor tells me I can no longer work due to a high risk double pregnancy you are saying there is still a chance I may not quailfy for disability?? Under what type of circumstance can they deny a pregnant woman disability for this? Im sorry but your awnsers are short and not very through.
Expert:  socrateaser replied 5 years ago.

Different expert here. Please permit me to assist.

State Disability Insurance benefits are applicable to all forms of disabilities which prevent an applicant from engaging in full-time work. If you are disabled because of your pregnancy, then you are eligible for state disability benefits.

Your facts suggest that you have a pregnancy that may become sufficiently difficult to qualify as a disability. Assuming that your physician will certify that you are unable to engage in full-time work, then you would be entitled to disability benefits.

That you are unemployed at the time of your application for SDI benefits is irrelevant -- as long as you are "actively connected to the labor market" at the time you apply. In other words, if you are not actually working, then you must be actively seeking work at the time of your application. So, do not make the mistake of applying and then telling the EDD investigator that you have "taken some time off," or you've "been out of town visitng relatives," etc.If you do, you may be denied benfits.

EDD encourages potential applicants to file a disability claim, so you have nothing to lose by doing so. See this link to apply.

Hope this helps.

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