UI Justification

[>Charlotte<]

North Carolina.

Hi, guys. Hope everybody had a wonderful Christmas.

I need opinions.

I hate to put it this bluntly, but my father is dying. His prognosis is very short-term. My sister and I have basically moved into his house because he needs round-the-clock attention. Hospice helps a lot, of course, but they can't be here 24/7. He needs me and my sister.

This has been going on since last Thursday and neither of us have been to work since then. My boss is as understanding as he can be and has pretty much told me to take care of my family and he'll see me when this is all over. My sister, on the other hand, is afraid she's going to be fired. She's set up a computer here and is getting a lot of work done remotely. Today she's going into the office for a couple of hours. She's doing her absolute best to minimize the inconvenience to her employer, but she's still afraid she'll be fired.

What is the consensus on whether she would be approved for unemployment if she is fired? Is taking care of a dying parent considered unavoidable? She has so much stress right now, I'd like to at least make her feel better about that.

Thanks.

 

[CourtClerk]

She doesn't qualify for FMLA?

 

[Mass_Shyster]

This may be covered by Family Leave. One of the employment seniors would know better. Does her employment qualify for FMLA? It's based on number of employees within 75 or 100 miles.

 

[commentator]

She needs to file for FMLA if her employment situation is such that she qualifies. Lots of others here can discuss FMLA more proficiently than I.

But what I can offer is that generally you may not be off work and not seeking other work and draw unemployment insurance. In order to receive unemployment insurance in North Carolina, by definition you must be out of work through no fault of your own, and able, available, and actively seeking employment. That would mean that she would not be able to get benefits until your father has passed away and she is fully able to take another job similar to the one she has been terminated from.

But in 2010, there was a change to the state's unemployment law which says that under certain special circumstances, if you are unemployed due to health issues, or the health issues of a family member, you may be able to be approved for benefits and be able to draw them while the situation is going on.

IF she is actually fired by her employer, she will need to file for benefits immediately. She will be determined monetarily eligible if she has enough covered wages to set up a claim. Then there will be decisions made on whether or not she was terminated for a good misconduct work related reason. This issue will probably be ultimately determined in her favor as the health of a family member (with medical documentation) probably won't be called a misconduct reason for absence. Then there will have to be a decision made on availability issues. This may go in her favor, also, based on these new legislative changes recently made.

But as you can see, I am talking here about many weeks worth of paperwork and decision making and appeals. If your father is this serious at present, it doesn't sound, I am very sorry to say, as if she will be able to get approved for benefits any time soon, or before his passing. She may find herself terminated, and filing for benefits, and will probably ultimately be approved, but this will be a very drawn out process.

I know this is a very stressful time for you both. All I can say is that if this turkey does fire her for this reason, she'll probably eventually be able to draw unemployment benefits, if that's a comfort. I hope this works out better.

 

[>Charlotte<]

Oh, man, I didn't even THINK about FMLA! I can't even decide whether to scratch my watch or wind my....

I see commentator is replying, I'll bet she knows.

Thanks SO much!

 

[Antigone*]

Oh, man, I didn't even THINK about FMLA! I can't even decide whether to scratch my watch or wind my....

I see commentator is replying, I'll bet she knows.

Thanks SO much!

C, My love and prayers are with you and your family.

 

[cbg]

Charlotte, I already said this to you elsewhere, but you and your family are in my thoughts and prayers.

Yes, if she and her employer both qualify for FMLA, care for an ill parent counts.

 

[>Charlotte<]

Thanks so much for your help, everyone. I've double checked the requirements and I'm sure of everything except the 50/75, which I'll confirm with her when she gets back.

And thanks for your kind thoughts.