Job Protection Under The Family And Medical Leave Act
A federal law known as the Family and Medical Leave Act provides employees with twelve weeks of unpaid leave per year to deal with ones own medical issues or to take care of a sick member of ones immediate family. Not all workplaces are subject to FMLA, and even in those that are, employees must meet certain requirements to be covered by the law. FMLA applies only to companies with 50 or more employees located within 75 miles of each other, and workers must have worked:
- for a total of at least one year for the employer, and
- for at least 1,250 hours in the preceding year.
Although FMLA leave is unpaid, an employee can receive short-term disability or long-term disability benefits while on FMLA leave. And, in fact, many employers require you to use your allotted FMLA time while youre on disability. For many disabled employees, FMLA is the most important form of job protection they enjoy.
Your employer may not terminate you if you are on FMLA leave as long as you dont go over 12 weeks of FMLA leave per year. When you return from FMLA leave, your employer must employ you in your former position or one that is substantially similar. If you do exceed 12 weeks of FMLA, even by a day, you run the risk of being terminated for excessive absences. Of course, if youre fired while receiving disability insurance benefits, youll still continue to receive benefits according to the terms of your policy.
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If I Am Eligible For Pandemic Unemployment Assistance Do I Need To First Apply For Unemployment Insurance
States must have a process for determining that Pandemic Unemployment Assistance applicants are ineligible for regular unemployment benefits, which may not include filing a regular claim as a first step. States are not required to take and adjudicate a full claim for regular unemployment insurance benefits to meet this requirement. While states are not prohibited from taking a full claim, to facilitate expedited claims processing the U.S. Department of Labor has discouraged states from doing so. Individuals should apply using the states PUA application process and, in states that have not yet established that process, must wait until it is established.
Certify For Your Remaining Benefits
Eligibility for PUA and PEUC officially ended on Sept. 6. But if you believe you qualify for either program and never filed a claim, or missed a week of certification, you still have time to submit your information.
States have a 30-day window after the expiration of PUA or PEUC to accept new applications for weeks workers are entitled, says Alexa Tapia, the UI campaign coordinator for the National Employment Law Project.
Though Congress has made no moves to extend pandemic UI, some advocates have suggested those on PUA and PEUC continue to certify in the event the programs are renewed, as they have been in the past. Tapia doesn’t recommend this, however, and says workers most likely won’t even have the ability to do so on state UI websites.
“The only option certain workers those who are normally eligible for UI may have is to check to see if they have a new benefit year if they worked at all during the past year,” Tapia tells CNBC Make It. “Currently, Congress has strongly indicated that they will not renew these programs. If they did, retroactivity would be something they would decide.”
Long-term unemployed workers who lost PEUC in some states may be eligible for continued aid by moving over to Extended Benefits, EB, a federally funded aid program that kicks in depending on their state’s unemployment rate. California, Illinois, Nevada and Texas will end their EB programs after Sept. 11.
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How Do I Apply For Benefits If I Was Fired For Not Getting Vaccinated
If your state has mandated a vaccination requirement for your industry and you’re fired for refusing to comply, you might not be eligible. You’ll want to check if there’s an exemption you qualify for based on state or company law. You can apply for benefits by filing a claim with your state’s unemployment insurance program. You can find the contact information to start your claim here.
If you do apply for unemployment benefits and the employer challenges your claim, you will likely end up in court. As such, you should contact an attorney to pursue a claim or file an appeal.
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Reopen An Existing Claim
If you fall into one of the categories listed below, you should reopen your existing claim.
Reopen claimss can be filed using the same methods listed above for filing an initial application for UC benefits.
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What If I Have To Stop Working To Care For My Child
If you have to care for your child during the work week because their school or day care has temporarily closed due to COVID-19, you can claim unemployment benefits. The same is true if you now find yourself responsible for an elderly parent or other household member whose care facility has been shut down.3
Another option: if you work for a business with fewer than 500 employees, you might qualify for up to 12 weeks of paid family leaveat two-thirds of your normal pay, capped at $1,000 per weekif the coronavirus pandemic requires you to care for a child whose school or day care has closed.4
You cant qualify for unemployment insurance and family leave at the same time, so your choice will depend on which benefit works best for you. However, if you take family leave and are still not able to go back to work after it runs out, you are then eligible for unemployment.5
I Was Furloughed By My Employer But They Have Now Reopened And Asked Me To Return To My Job Can I Remain On Unemployment
No. As a general matter, individuals receiving regular unemployment compensation must act upon any referral to suitable employment and must accept any offer of suitable employment. Barring unusual circumstances, a request that a furloughed employee return to his or her job very likely constitutes an offer of suitable employment that the employee must accept.
While eligibility for PUA does not turn on whether an individual is actively seeking work, it does require that the individual be unemployed, partially employed, or unable or unavailable to work due to certain circumstances that are a direct result of COVID-19 or the COVID-19 public health emergency. In the situation outlined here, an employee who had been furloughed because his or her employer has closed the place of employment would potentially be eligible for PUA while the employer remained closed, assuming the closure was a direct result of the COVID-19 public health emergency and other qualifying conditions are satisfied. However, as soon as the business reopens and the employee is recalled for work, as in the example above, eligibility for PUA would cease unless the individual could identify some other qualifying circumstance outlined in the CARES Act.
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My Unemployment Claim Expired Because My Benefit Year Ended What Should I Do
You must reapply for a new claim if you earned enough wages in the last 18 months and are still unemployed or working part time. We will notify you when your new claim is processed. This usually takes two to three weeks.
- If youre unsure if you have enough wages as reported by an employer, log in to UI OnlineSM and select File New Claim. We will do one of the following:
- Immediately tell you that you do not have enough wages to establish a new claim.
- Provide instructions on how to submit a new application.
For more information, refer to the unemployment benefit calculator.
If you served in the military, worked for a federal government agency, or worked in a state outside of California within the last 18 months, you must reapply for a new claim by phone, mail, or fax.
You do not need to reapply if you did not earn enough wages in the last 18 months to establish a new claim. Visit Eligibility Requirements for more information. To learn more, visit Benefit Year End.
Note All Work And Earnings
When you claim your benefits, you will have to report any work you have done in the weeks being claimed as well as the gross earnings . Even if you have not received payment from the employer yet, the earnings must still be reported over the time worked. Failure to report work and earnings is a crime and can carry severe penalties.
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Disability Benefits While Pregnant
Private disability insurance carriers often cover employees who cannot work because of pregnancy. Some employers offer short term disability insurance as a benefit to employees and some people purchase this disability insurance coverage privately. While there are laws that protect employees who are pregnant, there is no government-based short term disability benefit for people who cannot work because of pregnancy.
The Department of Transitional Assistance administers Transitional Aid to Families with Dependent Children , a state and federally funded program that provides cash assistance to families with children and pregnant women in the last 120 days of pregnancy who have little or no assets or income.
Why Is My Unemployment Claim Pending
If your claim status is pending, we may need to confirm your identity or eligibility before we can process payment.
If we need to confirm your eligibility, we will schedule a phone interview with you. For more information, visit Claim Status: Pending Payment or access the Claim Status Tracker at the top of your UI Online homepage.
Many people receiving unemployment are reaching the end of their benefit year. If your unemployment claim expired because your benefit year ended, you must apply for a new claim. If you do not, we will not be able to determine your eligibility or process payments, which can lead to a Pending claim status. To learn more, visit Benefit Year End.
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Community Services Block Grant Program
The Community Services Block Grant Program is designed to help members of low-income households be self-sufficient. The funds are distributed by local governments and non-profit agencies called Community Action Agencies.
These funds are used in a variety of ways to combat poverty, including:
- Providing emergency health, food, housing, day care, and transportation assistance
- Housing counseling
- Nutrition programs and federal surplus food distribution
- Community gardening projects
What About Medical Religious Or Other Exemptions
If you have a valid medical or religious reason for not getting vaccinated, you may be able to receive UI benefits, even if you quit or are fired. That’s because employers must provide such exemptions under Title VII of the Civil Rights Act and the Americans with Disabilities Act of 1990 . The Equal Employment Opportunity Commission, which is the administrative entity that enforces anti-discrimination laws, offers guidance on the issue.
However, if you qualify for an exemption for a disability or a deeply held religious belief, an employer could have a defense against paying unemployment “if it can show that accommodating a religious view would be an undue hardship,” Kohler said.
And requests for exemptions aren’t guaranteed. “No major religion’s doctrine prohibits vaccinations,” said Jack Tuckner, women’s rights in the workplace attorney and founding partner of Tuckner, Sipser, Weinstock & Sisper. He also noted that medical exemptions are “a challenging uphill battle” given the CDC’s opinion that “the only people who shouldn’t get vaccinated are those who had a severe allergic reaction, e.g., anaphylaxis, immediately after a first vaccine dose or to a component of the COVID-19 vaccine.”
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Can You Collect Unemployment If You Are Out Of Work Due To Injury
Can you collect unemployment if you are out of work due to injury?
Can I get unemployment for injury? If you are suffering from an illness or injury, you may not be eligible for unemployment benefits until you are once again able to work. However, an employee who has a disability and could work if provided a reasonable accommodation generally will be considered able to work.
Can you collect unemployment if you are off for medical reasons Covid? To qualify for PUA benefits, you must not be eligible for regular unemployment benefits and be unemployed, partially unemployed, or unable or unavailable to work because of certain health or economic consequences of the COVID-19 pandemic.
Can I get unemployment if I have a doctors note? If you leave work due to a medical condition and want to receive unemployment benefits, you will need to prove that there was no other work you could have performed there. You are in the best position to know whether or not you are able to work. In the note, your doctor should also recommend that you leave the job.
The Current Political Context And Outlook
The $2.2 trillion emergency relief bill that President Donald Trump signed in March reset some of the rules for unemployment benefits, expanding eligibility and ramping up payout amounts. The original CARES Act enhanced unemployment benefits but has expired, however, and Congress still doesn’t have a plan for next steps. While you can still apply for unemployment benefits, the extra $600 a week won’t be included.
Even though there are talks of plans nearly every day, Congress is set to leave until after the election with no plan in place. States can continue their own unemployment policies as they see fit, which isn’t the same for everyone. Here’s what unemployment looks like.
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Which States Now Allow Workers To Collect Ui If They Don’t Comply With Vaccine Mandates
Iowa, Tennessee, Florida and Kansas are now making unemployment benefits available for those who are fired for refusing to get the vaccine. The amended unemployment laws only apply to those defying employers’ vaccine rules, not for violating any other company policy. Many of the GOP-led states considering similar legislation were among those that cut off all federal unemployment programs prematurely during the summer.
Many employers are requiring proof of vaccination to continue working.
How Do I File For Unemployment
You have to apply for unemployment compensation in the state in which youve been working. If you recently worked in a different state than the one you currently live in , your home state’s employment department can direct you to information about applying for benefits in another state.
The application will ask questions about your most recent employer, the addresses and dates of your former employment, and your personal information. To ensure the fastest processing time possible, make sure your application is complete and accurate before turning it in. Processors say the more straightforward your application is, the faster they can process it.8
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Am I Still Eligible For Unemployment If Im Working But My Hours Have Been Reduced Partial Weekly Unemployment Benefit Rules By State
With the economy gradually opening back up many unemployed and furloughed workers are slowly heading back into the ranks for the employed via a new job or at their existing employer. However many are also not going back full time and a common question I get is will people still be eligible for unemployment benefits if they go back to work part time or on reduced hours The answer overall is is Yes, if going part time is the only choice they have. And it does depend on how much you are earning and your state of employment, as rules vary. Qualifying for regular state unemployment benefits is especially important with the enhanced benefits under the CARES act. In particular the $300 FPUC extra weekly payments and extended PUA/PEUC benefits which require people to earn/qualify for regular state UI benefits to get these supplementary benefits.
Partial unemployment benefits are for workers whose hours have been cut or for those who have been forced to take a part-time job due to a lack of work. Payment and rules around these benefits generally operate in a similar way to full unemployment benefits. While each state is different, the following are the broad criteria for getting partial UI benefits:
Calculating Partial Unemployment Benefits
Note This table is still being updated on a state by state basis. You can leave a comment for any updates or questions.
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Can I Still File For Unemployment Months Later
When you are laid off or fired from a job, your first concern is likely financial, as you try to figure out your next move. Unemployment provides a small security blanket for these situations, provided you’ve been working for a certain period of time and meet other requirements depending on your state. Sometimes it may take longer than you think to work out your severance package and other elements of your separation, so you don’t get around to filing for unemployment benefits until months later. There are some things to consider if you don’t file for unemployment benefits right away.
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Are You Out Of Work Through No Fault Of Your Own
One of the most disputed issues between employers and employees is whether the employee is out of work through no fault of his or her own. Like most other states, Nebraska treats layoffs, terminations, and voluntary resignations differently.
Collecting Unemployment After a Layoff
The simplest scenario is where the employee was laid off due to lack of work or other business reasons that have nothing to do with the employee’s quality of work. If your company was downsizing and laid you off, you will still be eligible for unemployment benefits.
Collecting Unemployment After Being Terminated
Being terminated is not an absolute bar to recovering unemployment. If you were fired because you simply lacked the skills for the job or weren’t a good fit personality-wise, you won’t be barred from receiving benefits. In general, you will only be disqualified if you were fired for misconduct. Nebraska distinguishes between three types of misconduct: ordinary misconduct, aggravated misconduct, and gross misconduct.
Ordinary misconduct: any behavior within the employee’s control, which the employee knew or should have known would damage the employer’s interests and did in fact damage the employer’s interest. The employee is disqualified from receiving benefits for 14 weeks.
Aggravated misconduct: misconduct of a more serious nature, including being under the influence of alcohol or drugs at the workplace. The employee’s wages from that employer do not count towards the earnings requirement.
