Unemployment

[robbob]

What is the name of your state?What is the name of your state? MA.

My wife took maternity leave at the beginning of August. She was paid six weeks short term disabilty. She wanted to take extra time ( of course non-paid ) and her employer agreed verbally.

She was to go back to work at the begining of January. When she called to speak to her boss she was informed her position had been filled. She was told she could possibly work per-diem if she wanted to.

Her employer said they would fight against paying her unemployment, because according to her boss she hasn't been employed there for "awhile". My wife was never informed she was terminated. In fact, she received her Christmas bonus check at the company holiday party in early December, and her company has been providing her health insurace coverage all along. In fact, just last week she received a letter from her health plan thanking her for continuing her coverage with them.

Doesn't this constitute employment?

Also, if she did go back per-diem, I'm assuming she could not file, is that true?

Thanks everyone.

 

[cbg]

Receiving a bonus and health insurance is not proof of employment. While an employer is not required to do so, and often doesn't, nothing in the law prohibits an employer from paying a bonus to an employee after the end of her employment or to continuing their health insurance after termination.

Also, strange as it may seem to you and me, nothing in the law says an employee has to be notified that she has been terminated.

However, it will be the decision of the state, not her employer, whether she qualifies or not. Their contention that she has not been employed "for a while" will have to be proven to the satisfaction of the state - also, I'm not aware of anything in MA law that would disqualify her from receiving benefits because of a period of unemployment the length you describe. So even if they are able to prove their point, that doesn't mean benefits will be declined.

She should go ahead and file. The burden of proof is on her employer.

 

[esirena]

there is a law that protects women when they take a maternity leave even after the child is born a mother can take a 12 month after delivery leave to care for her child and this is legal throughout the u.s., this law is called fmla and if your wife had been working at least for 12 months for this employer before she took her maternity leave then she is eligible. if your wife took over 12 months of leave after delivering then the employer can terminate her. the fmla does not cover a leave financially, but it requires the employer to keep all benefits the same and current as before your wife took the leave, meaning if she had health insurance through her job,vacation,sick pay,bonus,position,ect so everything had to be kept the same by her employer including her employment. usually after the paid maternity leave ends and you wish to stay longer at home you need to fill out a form called fmla leave which you get from your employer to get proof you are on a approved leave, when it expires you need to return to work or file for an extension or your employer can terminate you for violation of the fmla rules. if your wife does not take the employers offer to work even part time then she will not be eligible for unemployment insurance since the employer will say that your wife declined the job offer. the first thing the unemployment will say is that you refused work and it is one of the rules that if you are offered work and you refuse it you will be disqualified. so it is best to take the ****ty job offer and file for unemployment at the same time if your work hours have been reduced or your days of work have been cut. if you were layed of then file for unemployment as well.

 

[cbg]

FMLA does NOT permit a woman to take a 12 month leave. She may take up to 12 weeks of leave. Nowhere in the US is any woman entitled by law to 12 months of maternity leave.

 

[zippysgoddess]

I am sorry, but esirena, I am just dying to know where on earth you came up with that 12 month thing? Not even close, as a matter of fact, 9 months off! LOL! A little irony there.

Anyway, don't all of us women wish it was 12 months!

 

[pattytx]

Suggest you not only not piggyback your new question onto someone else's thread, but you post this question in the consumer law forum. It has nothing to do with employment law.

 

[zippysgoddess]

Actually piggybacking it onto someone else thread and hijacking their thread for a new question is considered extremely rude.