ExpertLaw.com Forums

Can You Get Unemployment if You Quit for Medical Reasons

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 08-11-2014, 07:18 PM
    simple295
    Can You Get Unemployment if You Quit for Medical Reasons
    My question involves unemployment benefits for the state of: Pennsylvania

    Hi, I am diagnosed with a sleep disorder that causes sleep quality to suffer, excessive daytime tiredness, and other issues due to that. I work 50 hours a week, my employer has known of my condition for the past 4 months, and I've been employed for 2 years. I had my diagnosis before then, but I didnt know how bad my condition was when I chose this job.

    I have been having extreme difficulties lately with work performance, my physical health has taken a backseat due to the condition and schedule, not to mention the mental/emotional aspects. This is all getting to the point of me realizing that I NEED to work somewhere else, before it gets worse.

    I know that I meet the qualifications for unemployment, I am able and willing to work, just not 50 hours a week. The hours are the main concern, I also think that it is time to move on from my current place of employment, but I am not sure if that would help my UI case with out trying to have my boss accomodate me. I never did ask my boss for hour reduction, mainly because he hinted that he wouldn't.

    I think my next steps are to visit my Primary doctor and alert him of the situation. I am not sure how much longer I can handle this workload, But I also cannot handle no income.
  • 08-11-2014, 07:27 PM
    Disagreeable
    Re: Medical Condition is Making Me Consider to Quit, Would I Be Eligible
    They have a solution for this, sleeping pills. I worked for decades, a sleep study revealed an efficiency of 23%, due to severe pain issues, talk about being tired. Yours is not a reason to collect UI. The problem is you appear to not be scheduling your sleep time/schedule properly. If you have regular hours like 6 to 6, you should be able to do this easily. I worked on a seniority/on call basis and worked about 70 hours a week.
  • 08-11-2014, 07:43 PM
    cbg
    Re: Medical Condition is Making Me Consider to Quit, Would I Be Eligible
    Quite frankly, 50 hours a week is not excessive. Nor could I find anything to suggest that PA is one of the very few states that permits UI benefits to someone who quits for medical reasons.

    PA is very clear that eligibility cannot be pre-determined, but I am not at all confident that if you quit for the reason suggested that you would qualify for benefits.
  • 08-11-2014, 08:09 PM
    Dogmatique
    Re: Medical Condition is Making Me Consider to Quit, Would I Be Eligible
    Quote:

    Quoting cbg
    View Post
    Quite frankly, 50 hours a week is not excessive. Nor could I find anything to suggest that PA is one of the very few states that permits UI benefits to someone who quits for medical reasons.

    PA is very clear that eligibility cannot be pre-determined, but I am not at all confident that if you quit for the reason suggested that you would qualify for benefits.


    Right..because one of the requirements is the ability to work, yeah?
  • 08-11-2014, 09:28 PM
    chyvan
    Re: Medical Condition is Making Me Consider to Quit, Would I Be Eligible
    Since I don't want to look it up, I'll go with cbg that PA doesn't allow medical quits.

    However, just prenting that they did, you'd have to get a diagnosis from a doctor. You'd have to inform your employer, and give them a chance to do something to make the situation workable, as in, trying to retain your employment. Your employer could cut your hours or give you a leave of absence to get some sleep (you wouldn't be eligible for UI on a leave). If your employer said no to everything, you might get a good cause quit separation, but you can then immediately be disqualified as not able and available because of your health condition. Medical quits aren't all they're cracked up to be. They are usually only available to someone like a construction worker with a really physical job that gets arthritis or something. They can't do the physical job, but they could work at a desk. You don't sound like a very good candidate to give this another thought because of what cbg said, and because your condition sounds like you'd have trouble no matter what kind of job you thought would make things better for you.
  • 08-11-2014, 09:58 PM
    simple295
    Re: Medical Condition is Making Me Consider to Quit, Would I Be Eligible
    I am currently on medication, stimulants, not sleeping pills. This isn't a condition that sleeping pills will help, my problem is sleeping excessively, immediately after work. The past couple of weeks from 7pm until 5pm, and that's not scheduled or intentional, more or less without me realizing it. While that is more than enough in hours, I am still exhausted. Mainly because I am not able to address other things such as eating, exercise, or anything else that would benefit my condition that takes a massive toll.

    http://www.portal.state.pa.us/portal..._issues/552113

    Medical reasons seem to be a valid reason.

    I also have a therapist, who has known of my ongoing issues for several months, and while not a doctor, had suggested that I see my primary doctor and tell him exactly what I told her.
    I know that while 50 hours a week isnt excessive, it has become extraordinarily excessive for me. I quite simply am not able to handle all of my needs anymore.
  • 08-11-2014, 10:03 PM
    Disagreeable
    Re: Medical Condition is Making Me Consider to Quit, Would I Be Eligible
    The logical response would be to buy a louder alarm clock for use on work days. If you don't eat excessively at work and sleep 22 hours a day on weekends, I don't see how food could be a problem absent an IV.
  • 08-11-2014, 10:23 PM
    Dogmatique
    Re: Medical Condition is Making Me Consider to Quit, Would I Be Eligible
    And wonder of wonders, PA does actually allow a medical quit.

    Quote:

    Medical Reasons: When you cannot work because of a medical condition (or when working would worsen a medical condition) you may have good cause to quit a job, and could therefore receive unemployment compensation (Deiss v. UCBR, 475 Pa. 547 (1977)).
    To receive unemployment compensation after quitting a job for medical reasons, you must show that:
    You had adequate medical reasons to quit your job; and
    Before quitting, you told your company about the problem, and gave them a chance to accommodate you; and
    Even with the health problem, you are able and available to work at some job.
    At your unemployment compensation hearing, you may need documents proving that you had a medical condition (Wivell v. UCBR, 673 A.2d 439 (1996)).
    (From http://www.nlsa.us/resources/employm...tary_quit.html )

    (And I'm not sure how relevant that is to the OP - but I did find it, so maybe someone else can benefit)
  • 08-11-2014, 10:51 PM
    Disagreeable
    Re: Medical Condition is Making Me Consider to Quit, Would I Be Eligible
    Problem being OP claims to have been suffering this for months but has yet to address the issue with his PC for any treatment. Who diagnosed the "sleep disorder" and how did they do it?
  • 08-12-2014, 01:28 AM
    CourtClerk
    Re: Medical Condition is Making Me Consider to Quit, Would I Be Eligible
    What is this mysterious condition?
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 07:18 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved