Not Returning to Work After Maternity Leave, and Collecting Unemployment

[ElizabethAnne307]

My question involves labor and employment law for the state of: Michigan

I am not returning to work after maternity leave due to not being able to find affordable child care. After my 12 weeks of FMLA was exhausted, my place of employment terminated me from payroll, but sent me a letter stating they consider that I have resigned. Now I am trying to collect unemployment. What should I put for "reason for separation?" There is a choice stating "Leave of absence," however, I am not still on my leave of absence. There are options for laid off, quit, or fired. Which is correct?

[cbg]

I'm confused. Did you make the active decision not to return, or not?

[LawResearcherMissy]

I am not returning to work after maternity leave due to not being able to find affordable child care.

When you made this decision, how did you tell your employer?

[ElizabethAnne307]

When you made this decision, how did you tell your employer?

I stayed in contact with them regarding my search for childcare. They made me aware that if I was not able to return to work by 12/28/10 I would be terminated from payroll. I called them about a week before this date and informed them I still had not been able to find affordable childcare.

I wanted to return but I only had 12 weeks of FMLA. That time was exhausted before I was able to find reliable and affordable childcare. Therefore I was terminated from payroll.

[cbg]

Quite honestly, this one is a toss-up. There have been instances where an employer has successfully contested unemployment of an employee in your situation, on the basis that you chose not to return after leave. The basis of the denial is that to get unemployment, you need to be out of work through no fault of your own, for a reason attributable to your employer. Child care is not your employer's problem.

On the other hand, there have also been instances where the UI office has judged that since the employer had the option of granting you additional leave and was not REQUIRED to term you when FMLA was up, and granted UI. It depends a great deal not only on your state laws, but also on how the specific claims adjuster that drew your claim interprets them.

With all sympathy to your situation, I have to admit that the first instance is the one that follows the intent of unemployment more closely - UNLESS your state specifically allows for childcare as an exception. I don't know off the top of my head if your state does or not; jk might know - I think he's in your state.

But if I were in your shoes, I think I would take the position that I was fired (laid off implies that you will be returning to work) and let the employer contest if he wants to. It will be the decision of the state, and only the state, whether you are eligible or not.