I will try to make this as short and sweet as possible. I am currently employed and pregnant. I will not be covered under FMLA because I will deliver at 11 months of employment.
At the same time, my employer is closing the location I currently work at. 50% will be laid off and the others dispersed to other offices. This will be determined by reapplying to new job postings and getting “hired”.
I would like to get laid off so that I have some paid maternity leave. (If I keep my job I may lose it anyway when I need maternity leave that is not owed to me.) Since my job will technically not exist anymore… Will unemployment approve my claim if I chose not to reapply? Keeping in mind that I will have to reapply for a “new” position.
I’m a little confused as to how you will get “paid maternity leave” if you’re not entitled to FMLA yet .. but I’ll put that on the backburner for now. I’m hoping you have asked for and received approval for an “unpaid personal leave” for when you have the baby .. since FMLA is not an option.
I think I’ll just focus on the possible consequences of not reapplying for another position as far as UI benefits go.
It depends on whether there will be a possible job available within a reasonable distance from where you live. It wouldn’t make sense to apply for a job that’s over 50 miles away .. because the “suitability” isn’t there.
If you don’t reapply, it is typical for employers to protest UI claims by saying you “refused suitable work”. Not that an invitation to apply for another job is a definite offer of work, but it could be enough for the State of Florida to issue an initial determination denying benefits and the “appeal process” in Florida is heavily burdened. The wait time for a hearing is ridiculously long.
If I were you .. I’d take them up on their offer to apply .. if they refuse to hire you .. or if they offer you a job that isn’t suitable .. then you have something to work with once you become able and available for work.
In the meantime .. acquaint yourself with pregnancy discrimination just so you know if the employer might be potentially guilty of it and you can find a lawyer who might help you.
Ashley, document everything .. including conversations. Save everything the employer gives you .. including emails and your responses.
The secret to winning unemployment benefits and unemployment hearings is documentation and witnesses which support that you are telling the truth.