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Old 01-03-2019, 02:14 PM
 
41 posts, read 36,867 times
Reputation: 19

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Hi all,

I live in CA and this past June my mom was diagnosed with stage 4, terminal cancer. I'm the only child, my dad died unexpectedly a few years ago, and my mom had no one else to care for her. So I informed my employer and HR about the circumstances, because I had to take care of her. HR was willing to allow me to have a flexible work schedule so I can take her to appointments, but my manager would not allow this (he was a complete jerk ). Since her appointments and work schedules were conflicting, I took FMLA beginning in mid August.

I got a note from my mom's oncologist stating I was her caregiver and the circumstances were stressful, so I needed time off until May 2019. HR was great about this and accepted the note. I technically had enough FMLA time to be off until October 2018, but they granted me a temporary extension until the end of December 2018. Since my physician's note was until the end of May 2019, someone in HR thought they could grant another temporary extension. Unfortunately, they weren't able to do this and I was given the option to come back to work or quit.

My mom is still undergoing chemotherapy and other treatment, and I could not return to work. So I quit yesterday. I filed for CA unemployment and I have a phone interview to determine my eligibility in a few weeks. I read on their website that this situation would be considered a good cause to quit. I'm concerned that they'll deny my unemployment request though. Can any unemployment guru's give me advise on my situation? Would they deny me? I've been unpaid since August and I do need money for my own finances.
I tried applying for Paid Family Leave when I first took time off of from work, but my employer didn't qualify for this benefit. Thanks so much for your responses.
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Old 01-03-2019, 02:35 PM
 
14,500 posts, read 31,095,734 times
Reputation: 2562
You'll get disqualified, NOT because you quit, but because you are NOT able and available for work.

UI is not a sympathy system. The note from your doctor means that you can't get UI until May, 2019.

The other site wasn't entirely wrong. It's a good reason to quit, and not be disqualified, BUT it raises an able and available issue, and you still get no money.

Think it through. How much were you getting paid to be on FMLA? How much were you getting paid when you weren't working on the extension? UI only provides an income when you CAN work, but aren't being allowed to work. It doesn't provide an income when you can't work.

Talk about that Paid Family Leave. I didn't know an employer had a choice.
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Old 01-03-2019, 06:41 PM
 
41 posts, read 36,867 times
Reputation: 19
We'll based on your answer, if I were to tell them that I am looking for work and are ready and able to work, would I get the unemployment?
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Old 01-03-2019, 08:17 PM
 
14,500 posts, read 31,095,734 times
Reputation: 2562
No. If that were the case, then you should have kept the job you had, and EDD would be within it's rights to disqualify your separation. A disqualification on the separation issue must be purged. The disqualification on an able and available is a week by week disqualification until the conditions that caused you to be unavailable no longer exist.

Just take your knocks. After the separation is adjudicated and you get your not able and available disqualification. Wait about two weeks, then go see the doctor and get a new letter where your mother has made a miraculous recovery. Then REopen the claim, submit your medical evidence that you don't have to care for your mother, and start collecting going forward. Then you can go through the motions of looking for work half-heartedly, and pray no one makes you an offer of work or your problems start all over again.

To try to say that I had to quit, and then turn around and say I can look for work and work in the next breath just doesn't work. You'll have to submit medical records for the adjudication on the separation, and you'll have to submit medical records to remove the not able and available disqualification.
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