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Unemployment appeal

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Ok, I will forget the FMLA. The very last day that I called in to work, I was in the emergency room. Yes I was very very ill. I have my discharge papers and a note and all of that jazz.
Also, thank you for that response. That is the most infortmative thing I’ve heard. I truly appreciate you all.
 


cbg

I'm a Northern Girl
Did THE EMPLOYER know that these absences were for the same illness AND did that illness meet the FMLA definition of a serious health condition?
 

Shadowbunny

Queen of the Not-Rights
Did THE EMPLOYER know that these absences were for the same illness AND did that illness meet the FMLA definition of a serious health condition?
I'm curious: if ^ was the case, was the employer required to offer FMLA? Or is there any situation where the onus is on the employer to bring up FMLA to the employee?
 

commentator

Senior Member
I'll let the HR folks deal with the possible FMLA issues. Meantime, regarding your unemployment hearing, take all your medical paperwork in, showing that you were out due to illness, sought medical attention, are now fully released to return to work. Hopefully you called in and reported that you were going to be absent as required by the employer before that absence. And remember, you MUST be able, available and actively seeking other work to qualify for unemployment, regardless of whether your separation is determined to be for a non disqualifying reason.

So do not bring up anything at all about how you needed to be off work due to health reasons because you were and still are sooo sick, and they wouldn't approve your leave, or how you'd really prefer to work part time because of your health problems at present. Each week that you qualify for benefits, you do so stating that you are able, available and actively seeking other equivalent work. Make sure all that you say reflects you are there. Remember absence due to illness sufficient to need medical attention is considered a situation you could not control, therefore is not misconduct, though the employer is legally entitled to terminate you because of your absences due to illness. But you must be fully released by the physician to return to work to qualify for unemployment.
 

Chyvan

Member
Ok, I will forget the FMLA. The very last day that I called in to work, I was in the emergency room. Yes I was very very ill. I have my discharge papers and a note and all of that jazz.
Did you present this before you were denied UI? Did the UI worker say anything like maybe illness isn't a good excuse in Arkansas? It's not a good excuse in Mississippi so it's not a stretch to think that Arkansas has a similar rule.

FMLA could be a factor. We had two court of appeal decisions where the employer's failure to offer FMLA gave the claimant a pass.



I'd pull out all the stops at the hearing.
 

cbg

I'm a Northern Girl
The onus is on the employer to bring up FMLA in any situation where they have reason to believe it might be applicable. If the employer had reason to think these illnesses might constitute a serious health condition as defined by the FMLA statute, then FMLA should have been at least mentioned; from there they could have gotten medical verification as to whether it did or did not.

However (as I suspect is the case) if the employee never mentioned any connection between the illnesses, never mentioned that it was a repeating or chronic illness, never mentioned anything about doctor's appointments to see why this kept reoccurring, then the employer is not under any obligation to assume facts not in evidence.
 
The onus is on the employer to bring up FMLA in any situation where they have reason to believe it might be applicable. If the employer had reason to think these illnesses might constitute a serious health condition as defined by the FMLA statute, then FMLA should have been at least mentioned; from there they could have gotten medical verification as to whether it did or did not.

However (as I suspect is the case) if the employee never mentioned any connection between the illnesses, never mentioned that it was a repeating or chronic illness, never mentioned anything about doctor's appointments to see why this kept reoccurring, then the employer is not under any obligation to assume facts not in evidence.
I understand what you are saying, but I did. I told them every time I was sick what the cause was. I was searching on my own for the reason. Thank you for your response.
 
What is the name of your state? Arkansas

This is a continuance of my first question.
I lost my initial appeal with the department of workforce. I was unable to prove medical necessity that I missed my last 2 days of work. Do I keep appealing or just stop? They also said that I filed my claims untimely, so I would have to appeal that as well. It’s like it’s not bad enough that you lost your job after 12 years, but now, you have to fight for 5 weeks of unemployment. That’s what I’m asking for. Thank you in advance for advice
 

Zigner

Senior Member, Non-Attorney
When was your last day first missed day of work? When did you first file your claim?
 

Zigner

Senior Member, Non-Attorney
You aren't entitled to anything for the first week. After that you need to make weekly certifications. Did you do that?
 
You aren't entitled to anything for the first week. After that you need to make weekly certifications. Did you do that?
Yes, after the second time I filed, apparently, I did it incorrectly. I realized that after I didn’t receive a sealed letter recognizing or acknowledging the claim. My next move was to the unemployment office and spoke to someone on their hotline. There was a holiday in there, Presidents Day, so I had to wait until a Tuesday.
 
Yes, after the second time I filed, apparently, I did it incorrectly. I realized that after I didn’t receive a sealed letter recognizing or acknowledging the claim. My next move was to the unemployment office and spoke to someone on their hotline. There was a holiday in there, Presidents Day, so I had to wait until a Tuesday.
I could be off by a week on that, but I did attempt to file from home. During this time, I was interviewing at least twice a week and had many many phone calls with nurse recruiters. Saying something slipped my mind is very possible.
 
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