Will my unemployment be denied due to leave of absence used during my time of employment?


(Maryland )

Hello, I was fired for absenteeism due to a medical issue my mom is dealing with. I did need to have a stint placed, but I was granted a leave of absence for this and returned to work on my own whim.


I was fired after returning to work because I still could not work a consistent 40 hours a week. I never signed any agreement, it was more so just a mutual thing that every absence was excused and proof I couldn't work forty hours, was available if needed.

Will I be granted unemployment if I was truly discharged due to my mom being sick although I came back from a leave of absence? I am available to work 40 hours now. Thanks!!

Hi,

First, I don't think there's many employers, at least those who understands how unemployment works, that would willingly admit to an unemployment department, they fired an employee after they returned from a medical leave of absence, because they took a medical leave of absence.

And .. for the record, an employee doesn't return from a medical leave on their own whim, but when their doctor provides documentation clearing them to return to work, with, or without other restrictions that may include how many hours they can work, or physical restrictions.

Your question is doing a good job of muddling/mixing up the reason you say caused your termination, because you are in fact describing two separate possible reasons an employee might have to gran an approved leave for medical reasons.
One being a medical issue of your own, or two, a medical issue of an immediate family member, when their doctor provides documentation saying the famil member needs full-time home care, and there is only a family member with a job to provide that care.

This can be especially important for employees of employers who must comply with rules and guidelines related to the Family Medical Leave Act, which provides employees of employers with 50, or more employees to protect an employees job while the person is on an approved FMLA medical leave.

I just can't answer if you will be granted unemployment benefits, because you left out details that would be important for me to explain if I think your former employer will be able to meet their burden of proof regarding you being at fault for work misconduct, when absenteeism can be proven as misconduct .. or under certain conditions, often connected to documented health issues, rebutted as a reason not climbing to a level that shows the absenteeism as "willful" misconduct.

You can find the guidelines for the FMLA at the USDOL and you can also find the Maryland Unemployment Decision Digest, when you click the "laws" link in the top navigation bar, found at the top of every page of this site, or the menu button at the top when on a mobile device.

Then, if you may be able to clarify some details by adding a comment .. so this can become a more useful discussion about YOUR unemployment claim.

Chris

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Aug 12, 2019
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Hi Chris!!
by: Anonymous

Hi Chris,

So I was let go because of absenteeism due to issues with my mom. I had been given a leave of absence since I didn’t qualify for fmla.

I came back for about a month after using LOA and was let go for missing work. On the day I missed, I was excused and had proof. My manager decided later that day to call and fire me. I always had an excused absence and in my interview, the lady said " it seems you and you employer agree that you were fired due to medical issues with your mom". What would you say my chances are? Thanks Chris!


Hi,
Better than I was originally thinking, because it sounds like you made your employer aware of your mom's health issues and that you would need time off to help with her issues .. and that you could provide medical documentation from her doctor .. if necessary.

Documentation, is something I'm always happy to hear a claimant has, because it's highly useful as proof, when one has to prove a burden of quitting a job with good cause, or rebut an employer's burden of having to prove a termination was for intentional, or willful misconduct connected to the work.

That most all jobs in the U.S. are be employment at-will and not requiring good cause of any kind to end the relationship, it's an unemployment claim, that forces not just employers, but employees to consider, when they want to know how to prove the truth, is also the credible facts.

In my opinion, there's nothing like a document to weight one's testimony at an unemployment hearing (when necessary) to be more credible .. than just telling a story you can only hope will sway, or compel the hearer of facts at a hearing to believe your side of the story.




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