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MarinaPatricia
01-30-2009, 09:33 AM
I leave in Maryland and I知 on Maternity leave at the moment. I知 taking 12 weeks and should go back to work on March second. I received short disability for 6 weeks and I知 not going to receive for the rest of the time that I知 home. Today I find out that 3 people from my department were laid off. My boss called me today asking if I could go to work for a couple hours to training the person that is doing my job to do some others duties that I used to perform. In this case will my maternity leave will I be consider terminated?
I strongly believe that I知 going to be laid off as well. I believe that they can not lay me off until my maternity leave period ends. Is that correct?
I have a couple more questions concerning my situation. The first question is:
If I go back to work only after my 12 weeks can they laid me off right way or do they need to wait some period of time?
The second question is:
If they do laid me off do I have the right of receiving unemployment?
I知 very concern about my work situation and I would really appreciate your help.

Thank you so much

Marketeer
01-30-2009, 11:46 AM
Going to work for a few hours does not end your maternity leave, if that's what you're asking.

The employer does not have to wait until you return from maternity leave to lay you off. Being on leave does not protect you for employment actions that would happen if you were not on leave.

If you are laid off, you can collect unemployment as long as you are actively seeking and able to accept employment. You can't collect if you are still disabled from giving birth or if you want to take more time for baby bonding.

MarinaPatricia
01-30-2009, 04:35 PM
Assuming I am laid off, will the fact that I accepted disability affect the amount of unemployment that I can get?

cbg
01-30-2009, 05:06 PM
No, it won't. Disability benefits do not count as wages when figuring the UI benefit so it won't affect it in that way, and you cannot collect UI and disability at the same time. They are mutually exclusive - if you are disabled and unable to work you do not qualify for UI (though when you are cleared to return to work you can) and if you are able to work you are not eligible to collect disability.

MarinaPatricia
01-30-2009, 05:21 PM
for the quick response. This site is wonderful.

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