HR question. I will likely be laid off right before maternity leave. Anything I can do to protect myself?

Question

I am 7 weeks from the start of my maternity leave. I received information that my company is going to be doing massive lay offs. I will not be in the first round of layoffs/furlough which will likely occur tomorrow but I may be in the next round of lay offs in 2-3 weeks (1 month until baby). 
I have no official maternity leave from my company. Only 6 weeks disability and 6 weeks FMLA. 
Is there anything I can do to protect myself legally from being laid off or stopping my benefits? My HR has been aware of my leave since December.

Answer

I would take your leave early so it’s in action before you get laid off

Answer

Go on FMLA now.

Answer

I was laid off in my third trimester. In my severance package they included money for me to pay for COBRA benefits should I choose to go that route. If you end up being in that we have to let you go meeting, ask if they can include money for you to pay for cobra benefits up to 2 months after your due (if it’s currently not written in your severance). If you are married look into your spouses benefits now and get ready to pick one. See if your doctor and hospital are in network. Also during that meeting ask HR to write you a letter explaining that you lost coverage so you can present that to your spouses HR. (See if you can get it before you leave, it’ll make things easier than having to wait  on them). That day when you get home apply for unemployment. During this time I know the unemployment office is overwhelmed with calls but don’t give up keep trying to apply. (I live in Texas and it’s easy to apply online vs calling) Once you have the baby you’ll have to pause on your unemployment benefits for a few weeks (I paused for 6) because you have to be “able” for work in order to claim benefits. My 6 weeks were up at the start of this COVID panic and it took my 3 days to get someone on the phone at the unemployment office to update my status. This is all I could think of based on my experience, if you need someone to talk to I’m here. I know it’s scary, I’ve been there. You’ll be ok.

Answer

Unfortunately, no.

HR question. I will likely be laid off right before maternity leave. Anything I can do to protect myself?

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