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Employment Law/Unemployment denial

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Question
I recently quit a job after having a valid and documented medical issue.  I was only employed for two weeks when I had a medical issue and was given a 2 week leave of absence from the employer.  During this time I was under medical treatment.  However I quit the job during the leave of absence period because I would not have been able to return to work on the date that they stipulated.

I have been denied benefits because 1. chronic medical condition (even though I was released to work about 2 weeks after the LOA end date and I can work under certain circumstances) 2. the employer claims that I could have taken a medical leave of absence (they offered the two weeks and told me that I needed to come back at that time)they didn't indicate that there was any other leave opportunities and 3. that I didn't ask for an accommodation.  

Since I was not physically able to return to work at that time I resigned.  I was also offered another position with another company that didn't have a start date until several weeks later.

Do I have to ask for an accommodation specifically?  I explained the medical situation in detail for them and they didn't offer any accommodation.

Your help is gratefully appreciated...

Answer
You do have to ask for an accomodation.  The FMLA (Family medical leave) should have kicked in to save your position. This is 12 weeks without pay but your job would be saved.  The fact that you quit is why you cannot draw unemployment and the fact that medically you could not work. You cannot draw unemployment if you are not physically able to work.

Shirley

Employment Law

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Shirley 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

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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