PDA

View Full Version : Pregnancy disability question in NJ New Jersey


VGAlmonte
11-09-2008, 10:34 AM
Hello my wife became pregnant and went on disabilty leave on March 14 due to complicatons with her pregnancy. She then had the baby on April 29 which at that point it converted to unemployment insurance. She collected for the predetermined time and when it was time to return to work we werent able to find child care as I work flexible hours. We then decided to have her take a nursing course in the afternoons. We tried to have her collect an extension but we were "disqualified from 8/10/08 and will continue to be disqualifed becauce untill you have worked in 4 or more weeks in employment and have earned atleast 6 times your weekly benefit rate."becauce they said that she left job voluntarily becauce of personal reasons. We appealed and have a telephone hearing scheduled for the 18th do we have any chance of this being overturned or no?

cbg
11-09-2008, 02:31 PM
There are NJ employees here who may have a different answer but as far as I know, if you didn't work the requisite number of weeks, you didn't work the requiste number of weeks and you're not going to qualify no matter how many times you appeal.

There can sometimes be questions about eligibility when it comes to reasons for leaving, but if you didn't work the requisite time it's pretty cut and dried.

VGAlmonte
11-09-2008, 04:49 PM
she worked the time frame she needed to collect the first time. i think they mean that since they didnt take her excuse she has to work the new amount of weeks in order to re qualify. Im confusing myself lol basicaly what I'm asking is if her excuse is a valid one for leaving her job.

cbg
11-09-2008, 04:57 PM
Stopping work voluntarily to go back to school is not a qualifying reason for unemployment in most if not all states.

VGAlmonte
11-10-2008, 03:48 PM
Thank you so based on what I have been able to see here leaving work due to not having child care and deciding to go back to school is not a reason for her to not return to her job.

cbg
11-10-2008, 04:52 PM
Neither of the reasons you state is a qualifying reason to quit and still receive unemployment. To qualify for unemployment there must be a reason attributable to the employer. Quitting for personal reasons won't cut it.

They may be good reasons to leave a job. They are not good reasons to leave a job and collect unemployment.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements