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under what conditions would minnesota pay out for quitting a job to care for a sick mother?

by cindy
(watertown,mn usa)

I have been working at this job for 5 years and my mother recently became sick,Her dr has written a note saying she should not stay alone and they are offering me a FLMA but I need to have unemployment for income

they will not be flexible with my hours so I need to find something more flexible like eves or overnights
Is there anything at all I can do to get on unemployment in this situation?

Cindy




Hi Cindy,

I'm going to refer you to the Minnesota statutes.


Specifically Sub d. 3 "Good cause by the employer defined"

I'm doubtful your reason would be good cause to quit. Any unemployment you receive will be charged to the employer. You would need to prove your quitting was due to the employer because there is not a provision for your circumstances that allows benefits and non-charging to employers.

They are offering FML to protect your job for 12 weeks. At the end of that time if your mother still needs your full-time care, you will need to request a personal or additional leave. If they deny additional leave and fire you at that time and the state finds you are able and available for work you would be able to collect unemployment because the circumstances for the discharge would be beyond your control.

Additionally if you quit and limit your hour of availability the state could find you not able and available even if you manage to get over the first hurdle you are proposing which is to claim you quit due to the employer not accommodating the hours you are requesting. I supponse this might (and that's a BIG might) be able to show good cause if they customarily make this type of accommodation for people.

Another thing to consider is that even if you do go the quitting route. It's going to take a while for benefits to be realized if you manage to get them.

Unemployment is for those who lose their job through no fault of their own .. and this employer is offering FML to protect your job.. take it and look for a more flexible job in your spare time to supplement while on FML. It'll save you a ton of trouble down the road.


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