FMLA/Fired for no call no show for points/ Can I get UI?

[cbg]

I can almost guarantee that somewhere in your workplace are posters that describe FMLA and the process. It's also reasonably certain (not entirely) that the process is described in your employee handbook or on the company intranet, and again in the paperwork that you received when you were approved for the FMLA time. But as those of us in HR know all too well, no one reads anything we send them.

 

[Indiana Filer]

You only get 12 weeks FMLA per employee, not for each disabled child. If you exceed the 12 weeks by even a little bit, you've lost job protection under FMLA

 

[watertown28]

I can almost guarantee that somewhere in your workplace are posters that describe FMLA and the process. It's also reasonably certain (not entirely) that the process is described in your employee handbook or on the company intranet, and again in the paperwork that you received when you were approved for the FMLA time. But as those of us in HR know all too well, no one reads anything we send them.

Yes there are posters posted but then again understanding them is another story.

I only got one sheet of paper when approved for FMLA. That was just to tell me who was and for what. I might have to look at it closer but I swear all the times I have looked at it, there might have not been amount of time listed on them (it was of course the state form and maybe a general approval form who knows. )

 

[watertown28]

Okay now lets tackle this in another way.
I get denied or not hired back at my last place.

I noticed that if denied, it states you can become eligible after you earn 16x WBR and after a certain time frame.

Now, if I can only get a job say at a temp service, work for 16 weeks, and get laid off and I somehow earn 16x my WBR ( which I assume is what my current rate would be if I would get approved )... how would that work? Would they then factor in the wages from the last job also in the claim?

 

[cbg]

No. Once your claim is figured, that's it for the length of the claim, which is generally for one year. When the hypothetical job ended, you wouldn't open a new claim; you'd reopen the existing one since it wouldn't have expired yet. So if you opened your claim on January 2, 2013 (as an example) any unemployment benefits you received until January 1, 2014, would be part of that same claim. Even if you opened and closed it several times.

However, any wages earned would be used to base a new claim on if, a year from now, you had still not found permanent work and needed to open a new one on January 2, 2014.

 

[watertown28]

Okay now lets tackle this in another way.
I get denied or not hired back at my last place.

I noticed that if denied, it states you can become eligible after you earn 16x WBR and after a certain time frame.

Now, if I can only get a job say at a temp service, work for 16 weeks, and get laid off and I somehow earn 16x my WBR ( which I assume is what my current rate would be if I would get approved )... how would that work? Would they then factor in the wages from the last job also in the claim?

okay this would be from my states UI handbook

"are fired for failing to notify your employer of excessive absenteeism or tardiness. UI law suspends your benefits for 6 weeks and until you earn 6 times your WBR."

I would assume if I get disqaulified for UI this would be the reason. So from the way I understand it is I would need to wait 6 weeks and earn 6x my rate.
Does that also remove my ex employer then or no?

 

[commentator]

No, it does not remove your ex employer. What it does is change the separating employer. If you take a job now, after you have filed this claim and had it denied, you have to have what is called "reearnings" to begin to draw again. You'd do what is called re-opening your claim when you re-file after ending this new job (any time this year.) But you'll be drawing on the same claim, once filed, the claim is good for one year. It MUST be the claim used for one year. No choice, federal law.

To get to draw after a denial, you have to have more than xx amount of wages, and so much time has passed. In other words, you cannot get denied on your unemployment and go to work for your uncle Joe's pizzaria and make $900 in two weeks and then start drawing when he conveniently gives you a lay off slip. You have to work somewhere for so long, and make a certain amount of gross wages for a covered employer (not just a cash or under the table job) and then be separated from that employer for a qualifying reason. in ohter words, the next job you take, you have to be laid off due to lack of work, or terminated and a decision made by unemployment that it was through no fault of your own.

Your next employer would be on any claim that you file a year from now. But for the next year, the claim you could draw regardless of circumstances, is the one you set up when you were fired from this employer.

 

[watertown28]

No, it does not remove your ex employer. What it does is change the separating employer. If you take a job now, after you have filed this claim and had it denied, you have to have what is called "reearnings" to begin to draw again. You'd do what is called re-opening your claim when you re-file after ending this new job (any time this year.) But you'll be drawing on the same claim, once filed, the claim is good for one year. It MUST be the claim used for one year. No choice, federal law.

To get to draw after a denial, you have to have more than xx amount of wages, and so much time has passed. In other words, you cannot get denied on your unemployment and go to work for your uncle Joe's pizzaria and make $900 in two weeks and then start drawing when he conveniently gives you a lay off slip. You have to work somewhere for so long, and make a certain amount of gross wages for a covered employer (not just a cash or under the table job) and then be separated from that employer for a qualifying reason. in ohter words, the next job you take, you have to be laid off due to lack of work, or terminated and a decision made by unemployment that it was through no fault of your own.

Your next employer would be on any claim that you file a year from now. But for the next year, the claim you could draw regardless of circumstances, is the one you set up when you were fired from this employer.

Okay so then if I do work via a temp agency if this job at the current place does not pan out with the rehire ( I am feeling good about it unless I really shoot myself in the foot ) Typical jobs usually run a few weeks to a few months or even a permanent spot around here. Many places are doing that now. I do not work in a sector that is well... skilled. Manufacturing that is.

I do want to thank you guys for your help. This last week or so has opened my eyes to do a little soul searching. Realizing how good I had it with a steady job. I do kinda think thats why they let you sit "wondering" I guess. Makes you reflect on things.

 

[watertown28]

Alright update:

So I went in today for the second chance interview.

3 of the main people were there. The District Manager, plant manager, and the plant HR lady.

I also had 3 of the top Union guys behind me.

SO this is how it went down.

The DM pretty much did the talking.

He looked at me and told me it was out of my character not to notify them and to him that was something odd.

He then went on to have me explain what happened. I told him honestly I did not know. I felt I had called in, the machine shows otherwise. That was what we had to go on because there is no other way to prove otherwise so that is how we were going to go.

Then the FMLA got brought up.
I told him with the move to days was due to that. I needed a time frame during the day when "normal people" are up and about, including my parents so they could help with the kids. This in turn would help on that front. Also would keep me from calling off myself due to the stress on the body of 3rd shift and overall being more healthy.

We got into the transportation issue, which I point out again the parents, and I have more options of car pooling.

Then the HR lady had the nuts to tell me " O you wont stay on 1st because you always go to another posting only to go back to 3rd... thats your history"
Now, this actually made my face twitch a little. I do not know if she was trying to break me and make me upset and fumble or what, but I kept my composer and politely said " I only switched once in 5 years and that was on second shift, which did not work out well due to my situation mam"...what I really wanted to say its might right to sign as many postings as I want because that is a union shop and it says I can do that in my contract, though I felt that would not earn me any points.

As for other issues like write ups I only have a few job related ones, all of which are typical and the other 5 get the same types too. They are mostly documentation errors which due to the USDA regulations have to be to the T or else the company gets in trouble... so every once in a while you get your wrist slapped to wake you up so you start paying attention to the details.

I over all carried myself well in the meeting. DM and the PM know my situation. I do think that did play a factor into it. I also think that seeing what changes have been made recently shows effort to correct the issues with attendance.

Not looking to much into it, they caught themselves with "when we bring" to "if we do bring you" a few times.

So with that said I hope that I do get the job back. I know the HR person here might more or less have other thoughts on me, but not everyone is a bad apple. Sometimes we just need a little eye opener to wake us the heck up of our actions...we are just stubborn people who need a little wake me up every so often.

 

[watertown28]

O and the other interview went good too. I need to wait till next week though because they like to see what apps they get. She said not to short change me... I dont blame them I would see who I all get in the pool and not make a hire right off the bat either.

Also have another interview tomorrow too.