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tons of doctor excused absences?

by melissa
(panama city, fl USA)

My hubby works for an emp. leasing company and the company that he worked for hired him as a hvy. eq. operator. Co. hit hard times and hubby had to do manual labor not hired for but that isn't the real problem. He was out doctor ordered for month and a half and is still ordered out but the co. is now 'turning him back over to the leasing co. for reassignment'. If he can't do the work yet and they let him go can he draw unemp. or can he draw now being let go by com. who hired him through leasing co.? Hope I made sense.

If they let him go .. he can file, but please understand that he would not be able to collect until at which time the doctor releases him back to work.

You must be able and available for work .. it is a basic and immutable requirement to collect unemployment ..

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yep, complied
by: Anonymous

I'm sorry, yes we contacted within the 48hrs and rec. confirmation number. He also rec'd a letter from co.(1) he worked for stating that leasing co(2) both needed to hear from him by the 18th of Aug. They did not say we can't hold your position or by such and such date we need you at work or else....So he went down there and told them with proof that doc wanted him out pending upcoming tests. Two days later here comes the we're sorry but you got to go letter. If he had been told we need you here by a certain date or we need you to resign he would have. We aren't the type to look for a hand out but they never acted like his being out was a problem. There was another man out for equally long time and there was no prob he came back. Of course, he was a laborer and didn't hold a pos. like my hubby (hvy. equip). While I understand their position I just wish they would have not gone about it this way. He would much rather keep his job than be dropped while out on med lve. Sorry so long and my guess is since #1 said #2 was questioning his return that both parties are very aware of all that was going on.


No offer of FMLA from the leasing company? FMLA is not an area I'm completely familiar with, except to say that FMLA is often central to unemployment claims.

What I'm trying to say is that I do not know if leasing, temp, or staffing agencies, might be exempt from the FMLA.

I think I'm also saying that you should check the FMLA guidance to see if the leasing company might be in violation if they didn't offer it. As it is, I still don't know if the leasing company still considers your husband an employee and if they would protest his claim .. or if they have released him from his status as an "employee".

FMLA Guidelines

The only reason I can think of for your husband receiving the form to sign(?) in your prior comment is because the leasing may have looked in his file and couldn't find it.

It would be the document used to prove your husband was made aware of this because it's possible the FL provision requires that a signed acknowledgment informing of a FL statutory provision for temporary worker is required by FL.

Your husband of course, has a conf. # number to counter.

The form is the teeth that stops temporary type workers from collecting unemployment. If you don't call for another assignment or job .. you are considered to have voluntarily job abandoned and that is almost always a disqualifying event.

I hope I haven't confused you more.

update on hubby
by: Anonymous

Thanks so much for your advice!! Here is what the leasing co letter stated in black.
"By Florida Statutes 468.525(4) A, We Are Required To Notivy you at the end of your work assignment that you must contact ### for reassignment within 48 hours. Please contact the human resources department at ***-***-****. Failure to do so will be considered a job abandonment of ###and MAY AFFECT YOUR UNEMPLOYMENT BENEFITS.

Employee has seen this form but has refused to sign.__________Initial refusing to sighl

Employee quit and was not available to sign.

I have read and understood the above statement regarding my status with ###.

Please explain briefly reason employment has ended:___________________________

My words now: this kinda confuses me. Is this allowing him to draw ue benefits? He called Sat. when letter came in left msg and called back today and got conf. number of his call in for documentation and they said they had no work for him. Is this all a good sign?

The letter is probably just SOP for leasing companies in Florida.

But now were talking about temporary staffing agencies and they have "special provisions" added to state UI laws in a number of states that protect them from increasing the extremely high "experience rating" (UI tax rate).

What it means is that the leasing company is your husband's employer. They pay the UI taxes and if your husband does not contact them for further assignments as specified he will be considered to have voluntarily quit without good cause.

I've started a page of questions just for temporary work.

I can't tell if it's good new or not .. because I don't know if your husband fulfilled that "time requirement" of 48 hours, nor if the leasing company has been aware of all they should be made aware of.

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