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  1. #1
    Join Date
    Mar 2012
    Posts
    3

    Default Drawing Unemployment After I Quit for Medical Reasons

    My question involves unemployment benefits for the state of: North Carolina
    My wife and I were working full time, my wife fell seriously ill. Basically it could have killed her, she was under home health care and we went to emergency room several times, all admitted. I worked 12 hour night shifts and would then come home to cook my wife breakfast, lunch, and dinner. Also small snacks in between meals. All this to keep her energy up and keep her from getting worse. She could barely get up to use the bathroom which was only 3 feet from the bed, this is why I had to do all this. Anyway I was only getting 3-4 hours of sleep a day before going back to work, not straight sleep, always broken 3-4 hours. I did this for about 2 months, then she starting getting worse because i couldn't provide for her better. Now my job was a dangerous job especially when sleepy, lets just say I wear a bullet proof vest and a gun to work every night.
    I took all my vacation and sick time available which was about a month total. I did this to focus more on her. After the month was up she was still on the edge, I quit my job and stayed with her. After about another 2 weeks she started showing great improvement.
    Well she is back to work and is not as strong as she was but getting better everyday. Now we have burned through all of our savings and I can not find work anywhere, even tried the hotel down the street from me. I guess this is where my question comes in. Can I draw unemployment under these circumstances?
    I was told I was uneligible for FMLA because I had not worked there for a year.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,087

    Default Re: Drawing Unemployment After I Quit for Medical Reasons

    Can I draw unemployment under these circumstances?
    Unlikely, since you quit voluntarily.
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  3. #3
    Join Date
    Mar 2012
    Location
    Georgia
    Posts
    149

    Default Re: Drawing Unemployment After I Quit for Medical Reasons

    Some States (almost all of them) have a premise of what is called a "legitimate quit". Generally, the reason has to be related to the employer, specifically, such as moving your workplace so as travel to work becomes a burden, reducing your hours, or reducing your pay, harassment on the job, etc.

    Still, in order to determine "good cause", there would be a hearing, and the burden is on the claimant to show that the quit was legitimate, and for "good cause". There are sometimes exceptions to the "employer-related" cause, but that would be determined by the hearings officer and would likely be rare.

    It would probably be advisable to at least apply for UI, even though you might not be found immediately eligible, as that could help establish an eligibility date. It might even result in a hearing to determine whether the eligibility guidelines could be applied to your situation. If the employer doesn't object to the UI claim, it might even play in your favor.

    Only the NC ESC can positively determine your UI eligibility. If it were me, I'd rather roll the dice and crap out, rather than not play the game.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,677

    Default Re: Drawing Unemployment After I Quit for Medical Reasons

    FYI, FMLA is UNPAID leave.

    I agree with Riply that it can't hurt to apply. I operate on the theory that if you apply for UI, you might qualify and you might not. If you don't apply, you definitely won't. Plus, applying at least locks in your top-earning quarters.

    However, a cautionary note; there are only a very few states where leaving because of illness in the family qualifies you for unemployment. I don't know if NC is one of the few exceptions or not. I'm not saying don't apply - I definitely think you should. I just don't think you should get your hopes up regarding a positive result.

  5. #5
    Join Date
    Sep 2010
    Posts
    9,944

    Default Re: Drawing Unemployment After I Quit for Medical Reasons

    Actually, North Carolina does not consider leaving employment to care for an immediate family member provided he gives the employer notice. You can apply (if you are now registered for and ready and able to work). Your case will be forced into the determination procedure and you will need to be prepared to justify it all:

    https://www.ncesc1.com/individual/do.../NCESC568E.pdf

    FMLA is unpaid, but it may have provided him a job (or at least a good determination for termination) when he went back.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,004

    Default Re: Drawing Unemployment After I Quit for Medical Reasons

    Here's the statute:
    Quote Quoting NCGS § 96‑14. Disqualification for benefits.
    An individual shall be disqualified for benefits:


    (1) For the duration of his unemployment beginning with the first day of the first week after the disqualifying act occurs with respect to which week an individual files a claim for benefits if it is determined by the Division that such individual is, at the time such claim is filed, unemployed because he left work without good cause attributable to the employer.


    Where an individual is discharged or leaves work due solely to a disability incurred or other health condition, whether or not related to the work, he shall not be disqualified for benefits if the individual shows:


    a. That, at the time of leaving, an adequate disability or health condition of the employee, of a minor child who is in the legally recognized custody of the individual, of an aged or disabled parent of the individual, or of a disabled member of the individual's immediate family, either medically diagnosed or otherwise shown by competent evidence, existed to justify the leaving; and


    b. That, at a reasonable time prior to leaving, the individual gave the employer notice of the disability or health condition.


    Where an employee is notified by the employer that such employee will be separated from employment on some future date and the employee leaves work prior to this date because of the impending separation, the employee shall be deemed to have left work voluntarily and the leaving shall be without good cause attributable to the employer. However, if the employee shows to the satisfaction of the Division that it was impracticable or unduly burdensome for the employee to work until the announced separation date, the permanent disqualification imposed for leaving work without good cause attributable to the employer may be reduced to the greater of four weeks or the period running from the beginning of the week during which the claim for benefits was made until the end of the week of the announced separation date.


    An employer's placing an individual on a bona fide disciplinary suspension of 10 or fewer consecutive calendar days shall not constitute good cause for leaving work.
    * * *
    Note that the applicant has the burden of proving qualification under that provision.

  7. #7
    Join Date
    Sep 2010
    Posts
    9,944

    Default Re: Drawing Unemployment After I Quit for Medical Reasons

    It seems I left a word out of my post. It should say NC does not consider leaving to care for a family member DISQUALIFYING.

  8. #8
    Join Date
    Mar 2012
    Location
    Georgia
    Posts
    149

    Default Re: Drawing Unemployment After I Quit for Medical Reasons

    Considering what this individual has gone through, that is certainly good news. I'm glad you had the time to find the code, "flyingron". I attempted to, but had to leave for an appointment.

    My guess is that the medical documentation for the wife, along with the sick leave and vacation pay dates corresponding with treatment might be enough to establish a reasonable claim.

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