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I am planning to take all of my leaves (annual/sick/vacation), plus sick leave bank access as well as my FMLA status due to my wife's ongoing cancer diagnosis. When all my leaves run out, which will be long after 12 weeks of concurrent FMLA, FYI. FMLA will be exhausted at least 10 weeks before my paid leaves. My employer makes you take FMLA along with your paid leave if it is a qualified FMLA situation.
My question is, if my current employer terminates my employment since I will probably not return, will I be eligible for unemployment at a later date, if able to work, because of the termination? Also, if I am in a different state do I apply for unemployment in my new state or go through the unemployment process where my employer is located?
1. You might be eligible for UI benefits depending on several factors. If you are filing in Iowa-there are several requirements: The base period used to determine your eligibility is a 4-quarter (one year) time frame. They use the first 4 of the last 5 completed calendar quarters; if you filed in Apr-Jun then they would go back to January-December of the prior year. You must have had wages in at least 2 of the base period quarters paid by a covered employer and earnings of $1610 minimum in 1 quarter and $850 in a second. Your total base period wages also have to be 1.25 times higher than the highest base period quarter; if you earned $6500 in one quarter, then your total base wages would have to be $39,000.
Iowa also stipulates 'losing job through no fault of your own'. That's a pretty broad definition.
Note that while collecting UI, you have to make 2 job contacts minimum per week. In PA they have a job search registration website; I believe that Iowa has something similar and this is also a requirement to collect UI.
The employer does have the right to contest UI when you file it; just letting you know that is a possibility that you might have that situation. The employer might not even bother with it or they might give a hard time and cause you to have to go through the appeals process with it. It's pretty unlikely that they will cause an issue over a termination because an employee did not return from leave but some employers are determined to try not to have the UI premiums go up if they can avoid it.
In my company, we have the policy of giving employees coming off FMLA/other LOA 3 days to return or otherwise provide documentation of a need to take a different type of need. I did unfortunately have to let a guy go who had been taking care of his wife who had stage IV cancer; felt terrible doing it but the guy thanked me. Geez.
You'll also want to check your employer's policies on returning from leaves and if you like working there--if they have options for non-FMLA leaves if you want to try and keep the job.
He did end up getting UI though PA is pretty employee friendly. Not sure how Iowa is; you will want to find out Iowa's general lean-to: are they more employee or employer friendly when it comes to UI claims? I don't have actual experience with this; I just know Iowa UI from having locations in the state.
Carefully consider your options and review the Iowa UI site:
Thanks for all the info..... here is the skinny on states involved. I work in Nebraska, live in Iowa and will be living in Arizona when the leave runs out as my wife wants to be there near our children. If I don't return from AZ how do I go about requesting unemployment once my Nebraska employer terminates me?
Why are you so sure your employer will terminate you? Your refusal to return from leave indicates a voluntary separation on your part. That may complicate your plan of getting unemployment.
Yeah, its not going to work. You apply from AZ and your employer simply fights it stating you never returned to work. How do you explain moving away instead of returning to work?
Why are you so sure your employer will terminate you? Your refusal to return from leave indicates a voluntary separation on your part. That may complicate your plan of getting unemployment.
I assume if I say I would like to request ongoing unpaid time off because of wife's stage IV cancer, they will say that they cannot continue to leave my position open and unfilled (or choose to eliminate the position entirely) and will terminate me for not returning to the position after my FMLA runs out. Simple as that.
You are allowed 12 weeks of unpaid leave under FMLA each year with a note from your wife's physician for each absense. Your accrued annual and sick time are how you secure payment for that time. You have to reapply each year to be entitled to FMLA. Even with no payment, it can take a lot of stress off an already stressful situation.
12 weeks may sound like a lot of time, but with a condition like cancer or other debilitating disease, it really isn't a great deal of time.
I really don't think you have a leg to stand on with this scheme of yours. I would also pity the fool who would attempt to use federal and state programs in a fraudulent scam.
May we please know what you hope to gain, other than getting over on a couple government agencies?
You claim to be semi-retired. Does that mean you work part time? Usually, only full time employees are entitled to apply for unemployment. Part time may be possible if you have only been working part time for a very short time and can make a claim from your last full time employer. Good luck working that out to your advantage.
Quote:
Originally Posted by 4khansen
I assume if I say I would like to request ongoing unpaid time off because of wife's stage IV cancer, they will say that they cannot continue to leave my position open and unfilled (or choose to eliminate the position entirely) and will terminate me for not returning to the position after my FMLA runs out. Simple as that.
What is to stop them from saying okay to you, and hiring someone to work your job anyway while they wait for your semi-retired self to pass the 12 week mark? They obviously have someone covering for you anyway, so they could just leave you suspended there and wait you out, don't you think?
Last edited by ComeCloser; 11-12-2018 at 06:33 PM..
I assume if I say I would like to request ongoing unpaid time off because of wife's stage IV cancer, they will say that they cannot continue to leave my position open and unfilled (or choose to eliminate the position entirely) and will terminate me for not returning to the position after my FMLA runs out. Simple as that.
Nope. Your leave ends. You ask for more time. They say no and tell you to return. You don't return and this means you quit.
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