Denied because 'Maternity Leave' was viewed as 'Quitting' by Unemployment rep.

by Tami
(Las Vegas, Nevada)

My Unemployment claim was denied because the representative I spoke to was convinced I had quit my job to have my baby, when I was in fact on un-paid Maternity leave & was laid off upon asking to be returned to the schedule at work.

My employer said they laid me off. The date of my termination was different than my last day before maternity leave, but the rep refused to acknowledge that I had not quit my job.

From the outset, my employer & I had both known that I was only taking a temporary leave & would be returning within a few months after having the baby. This is a small company & times are tough, so when I was ready to come back they told me they couldn't bring me back on, but would hire me back when they were able to open a position again. There was no formal paper work to state that I was on Maternity leave & I do not believe the company is big enough to be covered by FMLA, but my leave was understood between my boss and I.

So it really feels like the denial boils down to the personal opinion of the representative that handled the case, but I don't really know what more can be done to prove that I did not "quit" when I left to have the baby. Any help or advise is appreciated.
State is Nevada (Las Vegas)



Well Tami, appeal, if the employer said you were laid off .. then it shouldn't be that hard to get reversed when a hearing officer hears all the facts.

Personally, it just doesn't make any sense to me .. provided you have given me all the "pertinent details".