Gents,

Can someone give me a reply on a situation I am in.
I took a leave of absence in order to take care of a family member
who has had surgery. The cardio procedure appeared fine till last
week when complications arose and was hospitalized again with a possibility
of a second procedure needed.

The problem is that I am due to work next week and it appears I will not
make it in time, The three month period will conclude permitted by law.
I spoke to HR and asked for a three week extention which they could not warranty.
The HR rep stated that they will send out a letter stating that it will be looked
upon as a resignation if the extention is granted. I disputed stating that I am not resigning that there letting me go.,

Question if I am made redundant without a formal resignation will I have
an issue filing for unemployment?

Light on a direction or a loophole

I need some assistance I have till Monday
:confused:

I'm not a gent but if you are able and willing and actively seeking work, you could qualify for UC no matter what your employer calls it in this case. If you are unable to work or seek work because you are caring for the family member, then you would not qualify for benefits during that period.

Rule of thumb- always file. There is no penalty for being wrong.

Elle

Thank you for your reply

When you stated during that period meaning within the fmla 3 month period
or post.

Post being made redundant??

Would it be considered a resignation thats also the question


:rolleyes:

The employer is free to term it a resignation if they choose to. Whether or not the state unemployment office will term it so is another question, but that's a question we can't answer.

If push came to shove my *opinion* is that the state will not term it a resignation, but my opinion and $2 will get you a cup of coffee. The only one whose opinion counts is that of the UI office.

You can always apply. There is no penalty for being wrong and the worst that can happen is that you are denied, in which case you're no worse off than if you don't apply at all.