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Will I Qualify for Unemployment if I Was Terminated for Job Abandonment After FMLA

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  • 01-18-2011, 07:44 PM
    Jdailey
    Will I Qualify for Unemployment if I Was Terminated for Job Abandonment After FMLA
    My question involves unemployment benefits for the state of: CA. I am unsure if I qualify for unemployment. I was recently terminated for job abandonment. I had left work due to pregnancy (in CA 4 weeks prior to delivery and 6 weeks after) and my FMLA allowed 6 weeks. Before returning I was asked to resubmit all documents pertaining to my leave, when I refused I was informed I would be terminated for job abandonment. Will I qualify for unemployment?
  • 01-18-2011, 08:13 PM
    cbg
    Re: Will I Qualify for Unemployment if I Was Terminated for Job Abandonment After FML
    Good question, and one that only the state can answer.

    But I have a question for you, and it might bear on the likelihood (all we can do is guess, but this will help us make a better guess).

    How much time off related to your pregnancy did you take ALL TOGETHER? This includes time before delivery, time after delivery, any days missed due to morning sickness or pre-natal appointments, EVERYTHING.

    I am not concerned with how much time was paid, unpaid, covered by disability, or anything of the sort. All I am looking for, for the purpose of this issue, is the number of days/weeks you missed, IN TOTAL, related to the pregnancy.

    Depending on the answer, I may or may not have additional questions.
  • 01-19-2011, 12:09 AM
    Jdailey
    Re: Will I Qualify for Unemployment if I Was Terminated for Job Abandonment After FML
    In all I missed 3 days due to morning sickness ( unexcused, non-sequential) and all prenatal appointments (1 a month in from weeks 3-33, 2 a week in weeks 34 & 35) were made on scheduled days off. I began my maternity leave in week 36, delivered in week 38 and used all the time allowed by the state (6 weeks recovery, 6 weeks baby bonding/FMLA). Does it make any difference that I was on modified duty for nearly 5 weeks? My job entailed a lot of heavy lifting, pushing and pulling that was difficult or dangerous for me to do.
  • 01-19-2011, 08:46 AM
    cbg
    Re: Will I Qualify for Unemployment if I Was Terminated for Job Abandonment After FML
    So you used more than 12 weeks total?
  • 01-19-2011, 01:21 PM
    Jdailey
    Re: Will I Qualify for Unemployment if I Was Terminated for Job Abandonment After FML
    Yes. Approx. 17 in total if you include the all prenatal exams scheduled on my days off. 14 of these weeks are covered by maternity leave and FMLA.
  • 01-19-2011, 02:19 PM
    cbg
    Re: Will I Qualify for Unemployment if I Was Terminated for Job Abandonment After FML
    As far as Federal law is concerned, your job is protected for 12 weeks, and 12 weeks only. At the end of 12 weeks, you no longer have job protection under the law, regardless of disability benefits or company policies.

    It is possible that company policy may provide additional protections IF you are covered by a contract (union or otherwise) or IF the policy is written in such a way as to constitute a contract. This happens rarely. Not never, but rarely. But for the most part, 12 weeks is the maximum.

    CA state law is slightly different, and can provide additional protected leave over and above the 12 weeks, but not all women qualify for the same amount of leave. It depends on a number of factors.

    It was your reference to 6 weeks of FMLA that caught my attention. I wondered if you might have some protected leave still due, but if you've taken a total of 17 weeks that's unlikely. Not 100% impossible given CA state law, but unlikely.

    But that wasn't really your question. You wanted to know about unemployment. I truly can see this going both ways. Unemployment is based on your being unemployed through no fault of your own. The big question is going to be whether your refusal to provide a second copy of your leave documentation constitutes "no fault of your own". That is going to be the decision of the claims adjuster who reviews all the circumstances of your termination; it will be his or her decision if the situation qualifies as voluntary or involuntary. That's something we can't guess. All I can offer is that if you are turned down, you should appeal. It costs you nothing but a little time, and you can be sure that the decision won't be overturned if you don't.
  • 01-19-2011, 03:40 PM
    Jdailey
    Re: Will I Qualify for Unemployment if I Was Terminated for Job Abandonment After FML
    Thank you for the advice. I hadn't thought about my termination as my fault, as the had the clerical to begin with, but I do see how an adjuster could see it that way. I will definitely take your advice if I should get denied. Again thank you for your help.
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