I would be workng at my job at (chain drugstore) for almost two years (2 years this February) I was an excellent worker, covered many other shifts, did double shifts and traveled from college (30 minutes away) to cover someone or work my shift 3 days a week. I have covered photo lab, pharmacy, and front end. I always tried to get as many hours as possible and usually worked it out with my store manager depending on my schedule and bussing. I dont have a car. I became pregnant and later we worked out that I could work third shift full time. As I got into my pregnancy working third shift- I got slow. This isnt me. I was known as a really good worker. We talked about it and agreed that when I returned it would be daytime since the managers were not pleased on third and theres no daycare on third. We agreed this before my leave. I went on leave October 12th 2008 and had my daughter. A month before I was supposed ot come back, I called my store manager and wanted to talk about my schedule when I was coming back. I found a daycare within walking distance and learned the bus route also. My manager said immediatly that I could not have my full time job back- and theres only part time available. I asked if first shift was available and she said, once a week when another employee in photo has a day off (I was hired for photo before her and have been there longer-and I have more reasons for needing full time than she does- not to make it personal but shes doesnt have bills, baby or anything- she just needs full time for insurance as do I also since I have none now and NEED it!). She told me to call her if I could come back. I never called since I couldnt work out anything. I immediatly filed unemployment and cash assistance (I was really low in money) and got news for unemployment that I was financially eligible. Since I was eligible, Cash assistance denies me. I was supposed to get paid my unemployment this past thursday but when I recieved nothing I called. They said my employer said I took a voluntary quit because I part time was only available and my last day of work was October 12th. No where did they mention my FMLA leave. Shouldnt I have been protected from this? (I would have worked the part time shift but I cant work those hours due to lack of transportation and daycare. I now have been a couple months in debt! Cash assistance denied me (because I stated I was financially eligible for unemployment) and now so has unemployment! I have to apply all over again and appeal and this could take ma month or two! I have a newborn to take care of, and I am a single mom on my own. Anways I am filing an appeal and need to know some facts and information! Was I protected? What should I have done instead? What kind of things can I say at the appeal? I REALLY need this money and I think I have a really good cause but the law is the law so Im not sure if I can do anything about it.

You may want to remove your previous employers name.

I have a couple questions for you that I wasn't able to make out in that blo ck of text:

1) What date did you go out on leave?
2) What date were you supposed to return?
3) If you are in the Philadelphia area do you work in a unionized store?

If I am understanding you correctly, you were told that there was not a full time position available but there was a part time position available which you refused. Please let us know if this is accurate.

So a month before you returned you were told at that time there was only PT work available? And you never followed up and immediately applied for unemployment? I hate to tell you but that sounds an awful lot like a quit to me. Who knows what would have happened in a month, especially in a high turn over field like a retail store. When you were ready to return there might have been a position for you but you won't know because you essentially told them you weren't returning a month early when you filed for UC. If the last they hear from you is that you are trying to get unemployment, that tells the employer you are not planning to come back in a month and no other arrangements are necessary.

Further, if they offered you work and you turned it down, it is going to be even more difficult to qualify. The state generally sees some work as better than no work, and again, who knows what would have been available or would have been able to be worked out when you were actually ready to return.

Employers also are not responsible for your personal finances. They do not have to judge the worthiness to hold a job based on who needs the money more. It doesn't work that way. If you were on actual FMLA and returned to work within the 12 weeks, then your employer had to restore you to an equivalent position to the one you held prior to your leave. Not the one on your preferred shift or compatible with daycare and the bus schedule, but the one you held before leave. It is nice if they can work around your personal life and situation but it is not required and not always possible.

Was the leave officially designated as FMLA leave? Did you have 1250 hours in the year preceding your leave?

I began my leave October 12th 08. My leave would have ended January 12th. I filed for unemployment January 7th. It wasnt a month I had to call and see if she had anything available. I called her Dec 18th and she told me to call back the 1st of January. So that would be 12-13 days and Im sure it wouldntve changed. She said to call IF I COULD COME WORK THOSE HOURS. So I kind of took that as she want going to change her mind nor make room for me. I should have called yes to make sure, and yea I agree sounds like I quit but I really did try to come back. Ive always tried to work it out and considering the situation I needed this job more than ever now.

Yes the leave was officially FMLA. I had that amount of hours (I remember the girl saying I had to wait 1 week before filing becasue I came close) and filled out the big thick packet and sent it in with all my doctors stuff and my manager signed it also. After I then called Prudential and got my benefits for my leave (6 weeks paid 50%). Prudential would not have given me benefits if FMLA wasnt approved. (Least Im pretty sure!)

Short Term Disability has nothing to do with FMLA. The short answer is, FMLA protects your job, STD provides you income. You were working part time before you went out right? If so they would only need to restore you to part time, they aren't under any obligation to give you more than you had when you went out.