My Employer cut benefits to part-time workers and is taking 3 weeks vacation during which the surgery center I work at will be closed.

by Robin
(Florida)

After 9 yrs. employment at surgery center in Florida, my employer has cut all part-time benefits including PTO and Holiday pay effective July 1, 2010.

He is taking 3 weeks vacation in the next month and the surgery center will be closed.
Can I collect unemployment for any of this and future time that we are not working because if his taking time off?



Hi Robin,

Possibly, I would call it a lack of work as long as you don't have to use any accrued paid time off during what I would call a "furlough"

Another problem is that you work part-time.

Florida doesn't have an established part-time worker provision, but they interpret whether you may still collect benefits if you happen to have to limit any "job search" to only part-time work.

I can't provide the criteria by which they judge that issue .. because Florida doesn't provide an easily accessible list of precedent decisions on unemployment.

The standard is part-time work may be qualifying for benefits, but an inability to take a full-time job can stop payment of benefits because you are restricting your availability for work. So some states have enacted PT worker provisions which are beneficial to people who can only work a part-time schedule.

That information can be found here,

A couple classes of people that come to mind are Mothers and unpaid family caregivers.

So, yes I think you should file .. but please try to understand the issue of "availability for work" that will be raised and be ready for it.

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Jun 27, 2010
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by: Robin

Thanks for the info.
As far as working full-time, I was in a bad car accident back in 2001, I lost my full-time job because of it, and had to have a 2-level spinal fusion which limits me in my current position of a Surgical Tech. due to long hours standing and lifting involved.
Don't know if this makes a difference in the whole scheme of things.




I think it does Robin .. and I would use it in an argument if ever an A&A (able and available) issue arises. I just know that I can't say how Florida's AWI will feel about it because of that "lack of informative information" that would answer the question "can you collect" definitively.

Just make sure if any questions are posed to you by the department .. that you add the "documentation" that proves your answers so they can't question the validity of what you "tell" them.

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