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Voluntary Quit in Kentucky when unable to return from a medical leave?

by Louis
(Louisville, KY)

In the state of KY, what determines if one "Voluntarily Quits"? I was out on an approved Medical Leave and concurrent FMLA. FMLA ran out and I was not released by my doctor to return back to work.I was then placed on a 30 Day Administrative Leave.I was not released to return back to work by my doctor by the time the Admin. Leave expired. As result, I did not return. My doctor did not release me to return until 1.5 months after the Admin Leave ran out. The Unemployment Dept. and subsequent appeal ruled I "voluntarily quit" even though the letter I received from my employer stated I was terminated. Is this an accurate application of KY unemployment law?





Hi,

When the administrative leave was running out and you knew you wouldn't be able to return to work .. what did you do?

Did you contact the employer and request an additional leave .. regardless of whether you thought it might be denied or not?

Or, did you just ignore any communications from the employer or as I stated above .. not contact the employer?

That would be a voluntary quit for failure to return from a leave.

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Oct 21, 2010
An Unintentional "Voluntary Quit" in CA
by: Anonymous

I had the same situation in Ca. I called the first day I missed work and was put off work for three days (I spoke to my boss). I called on the third day before my shift and said I was at the doctors (I spoke to my boss). That day the doctor put my off for two months. (I have Multiple Sclerosis so it can be hard to say if I am just common cold sick, or I have an exacerbation of M.S.) I called and was never "put through" to my boss. I left a message. Each time I called the boss I also faxed a doctors notice to them indicating the length of time I would be off. I received a letter stating I would have to return by a certain date (Nov 26th). However on Nov 2nd I received a second letter indicating that my employer was "unable to keep my job open to me". After receiving that letter from my boss I did follow up by writing to my boss. I knew at the time I received the letter that my leave from work would be quite long. I recently had my telephone interview to determine eligibility. The EDD gave me the opportunity to fax the copy of the two letter's written to me, the letter I wrote in response stating that I had tried to contact her by phone and indicated the dates and the name of the person I left the message with. I also indicated that there was a discrepancy of dates between the two letters and that I would continue to fax the doctors orders until the furthest date. I did fax the orders indicating I would be off until January.
I have not heard from the EDD yet. I guess it seems as though it would have been better to keep sending the fax until I was released even though I know I had been replaced. unintentional

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