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If your employer wrongly denied your request for leave under the Federal Family Medical Leave Act, then you need to lodge a complaint with the U.S. Department of Labor, Wage and Hour Division or you can retain an attorney and pursue it as a private civil case. That being said, an alleged violation of the Federal FMLA law has no bearing on New Jersey state UI law. New Jersey is likely adjudicating you as either a voluntary quit, or a termination for timeliness and absenteeism along with an "able and available" issue thrown in due to your availability to look for and accept work due to your child's illness. The NJ UI folks have no regulatory authority over whether or not your termination was a violation of the FMLA law. An employee requesting FMLA leave must still adhere to all of their employers policies for requesting paid time off or unpaid medical leave. Violating any of those policies can result in you losing protection under FMLA law.
I'm aloud to take a family leave , can not terminate me because I wanted to take a family leave I been at that job well long enough to be able to take a family leave and I can't help if my son got sick
No one's saying you can't take leave, but the vast majority of companies do NOT pay you while you're on leave. Therefore, you'd have no pay check and you wouldn't be eligible for UI because you were on leave. You'd have NO money.
FMLA will protect your job so that you may return to it, but it doesn't give you access to the UI system. UI doesn't pay because you can NOT work, it pays when your employer isn't allowing you to come to work but you could if they would let you.
I think your failure to start the FMLA process BEFORE you racked up the absences because of your sick kid is "simple" misconduct, and an 8-week disqualification.
I think your kid being sick and preventing you from work makes you not "able and available."
I think your employer firing you when you started the FMLA process might be against the law, but it has nothing to do with your UI benefits. You need to have that handled by a different government agency rather than the UI people.
I never got fully into my family leave , I didn't know how family leave works I never had to take one the boss told me to bring hospital and Dr notes in which I did he said everything was ok when I called him back stating I can return to work and ask for my schedule he called me back stating they was not keeping me and terminated me, come to find out I called cooperate and I was never on family leave , I do have a lawyer they said in the mean time while they getting together the case to collect UI
But I think I'm getting my UI , online it states still pended but I called the phone inquiry system and my balance went down and it says a payment was made on the 28th which is today , it never said that before but I still haven't received money on my UI BOA card
I have a question if anyone can help?? I've been reciving my unemployment for about two weeks. I was told i had ro do another intervew. This is after my first interview and I was already penilized for the 6 or 7 weeks. I had my second interview because of my second job they claimed I called out of work on 12/10 and unemployment wanted to know why i called out of work (they sent me a form to fill out in the mail) I told them the reason why because my child was sick. I even faxwd over the Drs note stating that she was there for a sick visit. I emailed all of this info on 01/02/2018. I then faxed the paper on 01/06/2018. I have yet to get a payment because my claim is still in pending and has been for two weeks. How long dose it take. I haven't even gotten a decisión.
Thanks
You'll probably get nailed because I'm betting you said you could work and were available for work on your claim form, and now you're playing the "sick kid" card. UI isn't a sick pay system. All that stuff you sent in HURT you, and you had no clue.
At a minimum, you're not getting UI for the weeks your kid was sick and you missed work, and then if NJ assesses penalties for lying on a claim form, that ratchets things up.
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