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  1. #1
    Join Date
    Jun 2008
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    2

    Default Denied Unemployment

    My question involves unemployment benefits for the state of: Michigan

    My daughter is 20 years old and left her job as a CNA for a better paying job as a Corrections Officer for the State of Ohio. On her 2nd day of training, she informed her employer that she had recently found out she was pregnant. She was assured that her pregnancy wouldn't be an issue and continued her 6 week paid training program. After completing the training she started employment at the Toledo Corrections Institution and supplied her employer with restrictions from her doctor due to her pregnancy. After one month on the job she was called in to the Human Resource Office and was informed that she was being placed on leave. Their reason was due to her doctor's restriction which didn't allow her to work more than 8 hours per day or more than 40 hours per week. She questioned them on the fact that they hired her knowing she was preganant. They told her, "We're not FIRING you. And you're more than welcome to come back and work for us after the baby is born. We just need you to be accessible to us at all times." She was placed on leave with no benefits and no compensation so she filed for unemployment. Her claim has been denied due to the fact that the Corrections Insititution has stated that she's still employed there. How can this BE when she hasn't actively performed as an employee for the last 4 months? And she hasn't received a pay-check? Also, if the Toledo Corrections Insitution is not being held accountable to have to pay her unemployment benefits, then why hasn't the MESC Office gone back to her employer before that?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: DENIED Unemployment

    where does she live and where did she file for UI?

    the problem I see is she is essentially on med leave since Ohio corrections cannot offer her partial duty. Due to that, I would think she is deemed ineligible for UI as not being able to accept work, which is a requirement for UI. Her unemployment situation is of her own making and not due to any employers actions so why would she be eligible for UI?

  3. #3
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Denied Unemployment

    She filed in the state of Michigan and lives in Michigan. She never denied work. She was fully capable of performing her duties, she was only restricted as to the time she was allowed (by her doctor) to work each day/week. She wasn't on "light duty" or anything like that. Again, they hired her knowing she was pregnant and she submitted her restrictions of 40 hours per week to them when she started her actual job at the Corrections Facility. She tried to find a job after they put her on leave, but was denied everywhere she went due to her pregnancy. (Nobody wants to hire somebody that they know will leave them after a few months.) Her unemployment situation is NOT due to her own making--she didn't WANT to be placed on leave--she wanted to continue working.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Denied Unemployment

    Her unemployment situation is NOT due to her own making--
    Unless she was touched by God, the cause of her situation is her own.

    and why is there even a restriction on her to 40 hours to begin with? There is no reason a healthy pregnant woman would be restricted to 40 hours. This speaks to a condition that does limit her based on medical neccessity.

    She questioned them on the fact that they hired her knowing she was preganant
    .they don;t have a problem with her being pregnant apparently but now you come back with:
    Again, they hired her knowing she was pregnant and she submitted her restrictions of 40 hours per week to them when she started her actual job at the Corrections Facility.
    So, when they hired her and sent her to training, there were no doctor suggested restrictions and only after her training when she was being placed for duty did these restrictions be placed, right? So, how were they to know a doctor was going to place some restrictions on her hours when they initially hired her? From what you have posted, they have no problem because she is pregnant but because she has limited her hours available. That is of her own making. Don;t blame this on the employer. They had nothing to do with it and even hired her knowing she was pregnant BUT without the restrictions.

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