AboutShirley McAllister, CPP, PHR Expertise I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience 25 years in Payroll and Human Resources
Organizations SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
Question have been on FMLA for5 mnths due to high risk pregnancy with twins,so the 12 wk time they have to hold my job has g past.I don't expect to return to work for 2-3 months as i am still pregnant nearing the end. I have been collecting disability insurance, a work benefit. have heard through a source that when i return to wrk i am going to be told that they want me to wrk at a different location than i have been at for the past 5 years , the new location being an additional 30 min from my current place of employment. That would be an additional hour of traveling time a day AT LEAST on top of what i was already traveling. This would mean i would have to drop off earlier and pick up later from daycare for my twins as well as all the other factors of traveling further,weather , gas etc. based on that i won't be able to keep working for this company..my 2 ?'s are , because of the circumstances would i qualify for unemployment if i gave my resignation and also would my unemployment be based on what i made during my fmla(only 60 % of my normal wages) or would it be based on what i made through my employer..either my weekly rate? because being on disability insurance if they went by last quarter of worked earnings i only made about 1,000 so far this year.
I hope you understand what I'm asking and i look forward to hearing from you.. By The Way i work in MA
Answer If you have exhausted FMLA the company no longer is required to hold your job for you. They may offer you a different job if one is open. If it is open in a different area that is permissible to offer it to you.
It would be up to your state department of employment whether or not you would be eligible to draw unemployment. I do not know if they would consider the 30 minutes driving time to be enough of a factor to allow you to quit and draw unemployment. I would not think so, but it would be up to them to determine that.
The amount of unemployment is determined by the quarters of work. It would be determined on the amount earned in the quarter being used for the determination which will soon be 2nd quarter, April, May and June of 2009.
