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I was found Eligible and Ineligible

by Michelle

I was on FMLA from my job due to high risk pregnancy. One month of that was for appointments and then December 1st I had my daughter who had medical conditions. She was in NICU for 24 days and had ng tube through the nose since she aspirates on oral feeds. I requested extension of leave since FMLA was about to be exhausted. She had frequent appts which my job was willing to work around even though they said they wouldn't be approved. Being I had not pto time left, but they would let me go to the appts. However, the big problem was daycare wouldn't take her due to ng tube. They said its a liability issue. They would be willing to take her once she had the g-tube which goes right into stomach. Job denied the extension which would have gave me off til this March 10th. Unemployment found me eligible for Voluntarily quitting, but ineligible for being available for work. Due to the child care I'm assuming. My daughter had the gtube surgery on March 2nd, therefore the daycare will take her now when I find employment. I appealed my case, but my question is this, do I need to prove my case again on the voluntarily quitting part since I was already found eligible? Am I just going to show them at the appeal that she had the surgery and I can now be available for all shifts? And do you think my employer would even show up for this appeal since they agreed with reason for quitting and I would just be arguing the available for work part?

Chris's Response

You sound to me like you're headed in the right direction with the able and available for work proof .. and you should provide the medical proof and something from the daycare about their policy as I'm sure it may be an industry wide liability.

As for whether you will need to be prepared for the voluntary quit with good cause issue is a matter of the issues listed when you receive your
hearing notice. Pennsylvania lists issues by #number and send a list of over sixty different one with a hearing notice. Because the list and the hearing notice references all those potential issues the referee has jurisdiction to take testimony and evidence on any of them .. and it probably saves a lot of continuances that may be procedurally necessary in other states.

For that reason, it's not going to hurt you if have the documentation, or emails between you and the employer leading to your decision to quit .. ready to be submitted for that hearing, because if you were allowed benefits for the VQ, but denied due to not being able to meet the A&A conditional requirement .. it's also possible the employer could appeal that same determination because of the VQ being found with good cause .. even if they have no first hand knowledge relevant to the A&A issue which can be lifted once you prove you are able and available to look for work and accept it when it comes along.

As for the fact you are now available for only part-time work ... this alone could present a problem for someone in a state that doesn't have any part-time worker provision.

The PA pamphlet say ..

Compensation shall be payable to any employee who is or becomes unemployed, and is able to work and available for suitable work.

The claimant must prove a realistic attachment to the local labor market as a whole, as indicated by the claimant’s readiness, willingness, and ability to accept some substantial and suitable work. The claimant must certify that he/she is able to accept and is available for suitable work during each week for which he/she files a claim for benefits.

So, it's not going to hurt that you now know PA has a part-time worker provision. This information above is also referenced in a state law comparison chart (2014 Nonmonetary Eligibility Chart - Table 5/14 States with Part-time Worker Provisions

And very happy for you and your newborn, who must be very determined to become stronger each day!


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