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Can I win an appeal if I resigned from my job because I had to provide child care?

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birdseed

Junior Member
What is the name of your state (only U.S. law)? PA
I resigned from my job last month because my original child care plans did not work out with my work schedule. I returned from 6 week maternity leave as a part-time employee. My plan was to work 2-3 days per week on the days that my husband was scheduled to be off. Unfortunately, he was required to do mandatory over-time on several occasions which caused me to have to complete my work after normal business hours. Working after normal business hours is not allowed. I considered requesting a leave of absence, but did not feel that it would be approved because (1) I was on medical leave for most of my pregnancy due to unexpected complications, (2) my company was already hounding me after I returned from maternity leave, and (3) my supervisor repeatedly reminded me that she had to find coverage while I was out on medical and maternity leave. Considering those items, I felt that my request for a leave of absence would be denied. Therefore, I resigned, and I am seeking reliable child care and looking for another job. My original UC app was denied so I filed an appeal. Would this circumstance be considered ‘necessitous and compelling’? Thank you for your help.
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? PA
I resigned from my job last month because my original child care plans did not work out with my work schedule. I returned from 6 week maternity leave as a part-time employee. My plan was to work 2-3 days per week on the days that my husband was scheduled to be off. Unfortunately, he was required to do mandatory over-time on several occasions which caused me to have to complete my work after normal business hours. Working after normal business hours is not allowed. I considered requesting a leave of absence, but did not feel that it would be approved because (1) I was on medical leave for most of my pregnancy due to unexpected complications, (2) my company was already hounding me after I returned from maternity leave, and (3) my supervisor repeatedly reminded me that she had to find coverage while I was out on medical and maternity leave. Considering those items, I felt that my request for a leave of absence would be denied. Therefore, I resigned, and I am seeking reliable child care and looking for another job. My original UC app was denied so I filed an appeal. Would this circumstance be considered ‘necessitous and compelling’? Thank you for your help.
So, what you are saying is, you quit your job because you didn't have child care. Wouldn't it have been more cost effective to hire a babysitter, or day care?

I doubt this is a good enough reason to get unemployment, your probably going to lose. Hope you get a new job soon, until then you need to consider who else can watch your kid while your husband and you work.
 

OHRoadwarrior

Senior Member
No, quitting your job to watch your child is not grounds for collecting UI. If it were. everyone with children, who hated their job, would go on UI.
 

commentator

Senior Member
Personal situations, such as losing your child care or losing your transportation to and from the job are not good reasons to resign a job. Go on and do the appeals, but your chances are not good. Unemployment insurance is not about your personal situation or how badly you need them, but are about whether you had a valid work related reason to quit your job. Child care issues aren't work related, and the employer should not be penalized because you couldn't' get you child care issues worked out.
 

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