unemployment or fmla options/covid

[quincy]

I am happy to hear that you have already started receiving unemployment benefits, jenn19. You might be one of the lucky ones to have beaten the crush of unemployed by applying early.

Things in your state, and in the country, might start looking brighter by June but I am not sure all small businesses are going to survive the virus. Many businesses are doing what they can to stay financially afloat by laying off some workers, cutting the hours and pay of other workers, and eliminating all raises and bonuses for the year.

I hope the business you worked for is able to rehire you and the rest of its workers in the not too distant future.

Good luck.

 

[jenn19]

Cbg, thanks for the clarification on the bonuses and Quincy for your kind words.

The morning update: a network news out of Madison just reported that the state is NOT pay unemployment benefits if choose to stay home during this time. This was under the authority of the WI DOL.

Thanks again for the help, nice to “see” you guys still solving the legal riddles.

 

[commentator]

This announcement in no way affects you, you know. You are not currently in a demand occupation such as store clerk who has chosen "for the health of myself and my family" to stay at home when work is available for you. In regular times, this person who said this would NEVER get approved for unemployment benefits.

In some cases, it was put forth by the pundits that people might possibly stay home "to care for their children" (another never happen in regular times) or people who were "more comfortable" staying home might be eligible for the benefits. But it is absolutely not necessary for the state to approve claims for people who just want to stay home when work is available for them. And most states have elected not to. Wisconsin is certainly not the only state that leans that way.

And as long as I ever was involved in it, unemployment benefits and any type of FMLA necessary health issue were pretty much mutually exclusive, because the whole basis of unemployment insurance is that you were Able, Available and Actively seeking equivalent work. While the current situation has, to some extent and in some states, loosened the able and available guidelines, the states have pretty much flexibility in their decisions about how much of a change to make due to these special circumstances, and in less employer friendly states (y'all in Wisconsin just keep voting like you're voting and you'll catch up with the southeast sometime!) they really don't have to make it very easy or generous.

 

[jenn19]

Ouch on the voting comment, commentator. We did foil the plan for the WI Supreme Court.

On a last note, unemployment is very easy to obtain in Wisconsin. The DWD site is very user friendly. Though we are not required to do a work search if laid off due to covid, we still have to register with Job Service (and mark your resume current if you already registered, this tripped me up for a week) and do your weekly certifications. I do mine on Monday per their site suggestion.. Also there is additional federal funding for four weeks.

Thanks everybody. Be safe. We will get through this.

 

[jenn19]

They're also accepting applications for a Federal Pandemic Unemployment Assistance (PAU) with monies from the CARES Act. I didn't really look at this because it doesn't pertain to me, but just thought I'd let any fellow Badgers know.

 

[jenn19]

What to do now?

On Monday HR left a message at 9:03 am that the warehouse manager wanted me to return to work at 4:30pm to as a picker. She said he decided that I would work half time at each job: customer service and picking.

It was not my boss that called and because I did not recognize the number I ignored it. I listened to my messages just now. I do intend to call my real boss, and find out what is going on. The problem is that I cannot physically do picking any more. That is the reason I switched to the office job. I never said anything, I just switched jobs to prevent further damage to my wrist.

I do want to return to work, but I am also currently dealing with my dad who is patiently awaiting his negative covid test.

From here, he needs serious evaluation on what rehab is needed to return (if he can) to independent living. Because there are so many variables, residual affects, etc, we are considering any and every best possible outcome for his safety. We live 200 miles apart. I was hoping to go down tomorrow and see him in person and get a better grip and how he really wants to proceed, so I can physically inspect wherever options he wants. Another apt, senior living, rehab?

Can I ask to use my sick days and vacation days to finish up some business with my dad?
What is considered the normal lead time to call a laid off worker back? Can they call in the morning to start work that day? I honestly expected my boss to call any Friday now and say back at it on Monday.

I would also like to return to my office job, but that would only be part time. They frown against this, so there is the real possibility that they will simply terminate my employment. The timing is just awful, but I need to do the right thing.

I am also aware this will end my unemployment eligibility, which is fine. I'm a little stressed right now about my dad and will take any guidance you have to offer. Thank you.

 

[commentator]

Go on and continue to make your weekly/bi weekly certification for unemployment. There is a place there where it specifies as to whether you have been offered work, refused work, etc. this week. Mark that as a yes. You may or may not receive your unemployment payment for this week. Even if not, continue to make weekly certifications for benefits until you receive an actual decision that you have been stopped from receiving benefits for refusal of "suitable re-employment." The big mistake you might make is to assume this action by the employer (offering you recall) stops your claim and that you stop applying for it weekly.

What it is is that you have, by saying that yes, you were offered a recall, which you received and have reported, but it was NOT to your same job, same job duties. The unemployment system may very well decide that this job was not suitable and that you do not have to accept it, that you can continue to receive benefits. It would be better, even in this time, to keep it as simple an issue as possible. Different job, different work requirements, etc. A better idea not to throw in a lot of side issues about health issues and parent care issues, it is sort of a stretch that you have to be with your dad while he's waiting for test results to determine if he has COVID, and it is sort of stretching it to say this is a COVID related health issue as the reason you can't return to work right now. Why bring it in?

Buuttttt........in the current climate and situation, who knows? All bets are off as to what any state's unemployment system is apt to come up with. So tell them about the job offer, continue to certify for weeks of benefits, and let it play out.

 

[jenn19]

Thank you commentator, for your time. "Keep certifying" – will do.

Office Boss said, yes, I was now to report to Warehouse Boss. While running under a diminished crew another woman from Office starting helping cover my duties of pushing papers. With orders starting to line up, they desperately need pickers. Because I started as a picker, they want to simply put me back as a picker. They have a hard time keeping them.

Again, I can't physically do it. It is very labor intensive (lost 16 pounds in seven months, the only good to come out of it!), that's why I switched positions. I didn't say anything because it really was no one's business. Saw the posting, applied, hired, working at the position for about 18 months. There is simply no way I can go back.

Because I was blind sided by this, I requested my remaining vacation days to tend to my dad. When Warehouse Boss saw me in HR, he bee-lined over to know what I was doing. I had to think fast. And, my dad IS sick. (He is finally over the covid, but will need a few weeks of rehab, as of now.) I'm off through next week, then it's crunch time. My question is: Do I actually go back to work?

I'm afraid if I don't, I've “refused” an offer of work. If I do, am I saying “I accept this?”

 

[PayrollHRGuy]

Thank you commentator, for your time. "Keep certifying" – will do.

Office Boss said, yes, I was now to report to Warehouse Boss. While running under a diminished crew another woman from Office starting helping cover my duties of pushing papers. With orders starting to line up, they desperately need pickers. Because I started as a picker, they want to simply put me back as a picker. They have a hard time keeping them.

Again, I can't physically do it. It is very labor intensive (lost 16 pounds in seven months, the only good to come out of it!), that's why I switched positions. I didn't say anything because it really was no one's business. Saw the posting, applied, hired, working at the position for about 18 months. There is simply no way I can go back.

Because I was blind sided by this, I requested my remaining vacation days to tend to my dad. When Warehouse Boss saw me in HR, he bee-lined over to know what I was doing. I had to think fast. And, my dad IS sick. (He is finally over the covid, but will need a few weeks of rehab, as of now.) I'm off through next week, then it's crunch time. My question is: Do I actually go back to work?

I'm afraid if I don't, I've “refused” an offer of work. If I do, am I saying “I accept this?”

Based on what you have written above unless you have an ADA reason for medically not being able to do the assigned work you risk being disqualified for UI.

 

[jenn19]

Thanks for the input PayrollGuy, but I really don't care to invoke that option.

 

[commentator]

If I do, am I saying “I accept this?”

Yes. If you go back, and then quit, you have just about zero chance of being re approved for benefits. Because you'll have accepted the terms of the job description by working it, even for a day. Just hold on to that before you were off, approved for benefits, your job was in the office. They want you back as a picker. That's not what your job was. Not equivalent. Keep filing for weeks.

 

[jenn19]

Thank you, that is what my gut was telling me. You made me feel much better, commentator.

I promise to keep you posted.

 

[jenn19]

Thank you, that is what my gut was telling me. You made me feel much better, commentator.

I promise to keep you posted.

 

[jenn19]

Thank you commentator!

Seven months later you were correct: "Offer was not bona fide." I received my benefits today.

Whew, glad that's resolved. Thanks again.

 

[commentator]

Thanks for letting us know. Glad things have worked out for you, hope things will be better for us all very soon!