• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Terminated while on Maternity Leave

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jason2005

Junior Member
What is the name of your state?What is the name of your state? New Jersey

I started a new job on May 15, 2004. I found out I was pregnant two months later. Due to complications my doctor put me on bedrest as from August 31, 2004 for the duration of the pregnancy. The company's private plan paid me short term disability till I had the baby on March 16, 2005. I was then on maternity leave for six weeks.

I called HR to update them on my situation and was told that since I had not been with the company for long enough, they had back filled my position and they had no current vacancies matching my skills. They were going to keep me as active in the system until I got the all clear from my doctor to return to work after which I had no job to return to. My six weeks doctor checkup is on 4/29/05, I received a letter from the company on 4/26/ saying I resigned from the company and that all my employee benefits will be terminated as at 4/29.

My problem is I did not resign, I was prepared to go back to work once I got the all clear from my doctor. Since they are terminating me, shouldn't that be stated in their letter? I will have to apply for unemployment benefit while looking for another job and I am concerned that this might affect my claim.

Any advice will be greatly appreciated.
 


Beth3

Senior Member
This is just a semantics issue and should not affect your unemployment claim. Apply for benefits and explain the circumtances of your separation. The State will then contact the employer and see what they have to say. Assuming they will provide the same information as you, I don't see any problems with you receiving UC benefits provided you worked enough weeks to qualify.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top