Not Returning Back to Work after the Initial Mandatory 6-Week Period? (California)
(Whittier, CA, USA)
Hi, I gave birth to my daughter and was obviously given the mandatory 6 week leave. They HAD to hold my position during this time. However, my daughter would not be given her immunizations until week 8. I cannot get her into a reputable childcare facility without them. I explained all this in an email to my employer and I opted to take the 6 week FMLA, unpaid obviously by my employer. During my first week of FMLA my employer decided to let me go and hire my temp on full-time. My boss sent me a letter acknowledging the termination but asked me to sign and return a form which says, "I am choosing to quit my job on... (date)" and a box marked "voluntary quit" is checked.
I believe they are trying to make me sign this form so that I cannot file for unemployment. They had work that I COULD do and was WILLING to do once I returned from the FMLA. However, because my previous employer was smart about the way they hired employees, the required number of employees to make them have to hold my position open during the FMLA fell short. They hire employees under 2 separate entities I believe so that they are not subject to certain laws and restrictions. I informed my employer in a letter that I would not sign this form but would be happy to sign an amended one which reflected THEIR decision to terminate. I did not choose to not come to work, they chose to not let me take the FMLA and then return in 6 weeks. So, do I have a shot at filing for unemployment? Please help!
A little clarification on the status of your FMLA is needed. Did they or did they not approve 6 weeks of leave time whether FMLA or personal?
In other words, do you have paperwork approving FMLA or a personal leave?