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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".

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Jan 02, 2017
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Same situatio
by: Anonymous

I am going through the exact situation now. It couldn't be more similar if I had told this story myself. Any tips my hearing is in two weeks.


I deleted your email address because I made your comment public .. on this website Anonymous. Unemployment-Tips.com

If you need tips about how to represent yourself at an unemployment hearing, there is no lack of Q&As which may explain some of the finer .. ins and outs relevant to winning unemployment hearings.

Basically, since this is my website, and it seems no one gets the difference between free info and that which I strongly advise, professional hearing representation as a legitimate way to compensate for what a claimant doesn't know, or isn't clear about to do what is a very real job, for themselves (meaning quasi-legally presenting their own case to get, or keep benefits) and only then asking about how to deal with writing a written argument for a board due to an unfavorable hearing decision hinged on how well the individual represented themselves during the hearing .. that I suggest what I do.

A result that continues to be unclear to many people in the beginning about the consequences of losing a tribunal hearing, is when initially allowed to collect weekly benefits, it literally forces those controlling the cost of unemployment for an employer into appealing benefits.. right, wrong, or indifferent to actual cause of separation.

But the end result of a claimant initially allowed to collect benefits after losing the first and only hearing to explain the circumstances of good cause to quit voluntary, or why a discharge for something other than misconduct is .. repaying unemployment benefits per the recovery provisions of a state's unemployment laws.



Chris - Unemployment-tips.com

May 20, 2015
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You're welcome Billie Fisher MD if it helped
by: Chris - Unemployment-Tips.com

However I deleted the link to the costume website as it goes against the terms and conditions for submitting a comment if that was actually the only purpose for your comment.

I do not offer free advertising, but am not opposed to someone paying to advertise a business that is at least somewhat related to unemployment or employment in some way.

May 20, 2015
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Good post
by: Billie Fisher MD

Thanks for the valuable information. I have used it., Many thanks from ***link to costume website deleted***

Nov 06, 2014
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Whoa..........
by: Chris

Your comment is troubling because it's always best to tell the truth straight up, but to understand the implications of it before you even apply for benefits.

Being on leave, whether FMLA, or any documented approved medical leave from a smaller employer who doesn't have to comply with FMLA, also means it's reasonable to be denied unemployment until you become able and available to work again.

As for not getting paid while on leave .. a lot of employer have STD insurance that pays a comparable amount to what you'd get when unemployed through no fault of your own .. which often happens to people shortly after they come back from FMLA leave when their job is no longer being protected by the law.

Tami's problem, aside from not being covered by FMLA, sounded to me like her former employer told a big fat lie to the unemployment department who is also struggling to refill the coffers after a devastating recession and the current lack of new jobs being created.

She just needed to appeal the denial because the employer wouldn't let her come back to work when her leave was up. Hopefully, she documented the communications she had with her employers and would use those to prove what made the determination erroneous by relying on a by the book, sack of crap protest .. similar to this ...

"Claimant voluntarily quit when she failed to return on the agreed upon return date from an approved leave of absence."

All anyone need do to verify how their employer responded is .. after being denied, request a copy of your state claim file so you can begin preparing for the appeal hearing.

Chris

Nov 06, 2014
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Denied unemployment on Maternity Leave
by: Fallah

Tami, I am also in Las Vegas Nevada, and left my employer to have my son in May 2014. If your employer is a small company and does not provide maternity leave YOU DO NOT CLAIM OR SAY YOU ARE ON MATERNITY LEAVE!!!! You just say that your are on leave, or that you quite, and explain (towards the end of the claim) that you had a baby. If you tell them that you are on maternity leave that means that you are on leave and your employer is holding your job for you! YOU DONT WANT TO SAY THAT!!

In fact, it is a violation of federal and state law to deny a claimant eligibility for unemployment on account of pregnancy. Pregnancy, in and of itself, cannot affect your benefits. However, if you are UNABLE to work because you are pregnant, you may be covered under disability insurance. Nevada does NOT provide disability insurance and you CAN work so disability insurance is NOT what you need, you need unemployment!!

I filed for unemployment yesterday and I put in my claim that I quite my job due to medical and health reasons. At the end of my claim I explain that I was pregnant that is why I am no longer working for my previous employer! Now I am playing the waiting game!!

Good luck to you!!!!

Nov 24, 2012
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Going through the same
by: Anonymous

Tami,
I am currently going through the same situation. I appealed and I am waiting for my hearing date. I'm curious to know what was your outcome?

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