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Maternity Leave ... now fired New York

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  • Maternity Leave ... now fired New York

    I worked for a small company in New York State. I left in March to have my baby--was put on bed rest. I asked my employer for six months with baby to which he agreed. He asked that if I might be available to do some email work from home to which I agreed. When I called my employer when my baby was three months old, he asked if I was returning to work on Sept 18 (which would mark the 6 months after I left).
    I reminded him of our conversation of the 'three month work from home answering email deal' ... and then six months full time.
    He said he never agreed to that and he needed a person in the office full time--he stated he agreed to my being out of the office for six months, only.
    I offered to work from home--4 hours per day--and one full day in the office.
    He said that's not what he needed.

    I'm certain he did not replace me as the company is not paying their vendors and laying off personnel.

    Am I eligible for unemployment?

  • #2
    Apply as the state alone can tell you for sure but voluntarily leaving because you couldn't get a 6 month + maternity leave, is going to be a hard sell. That is way more than your employer was required to provide.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Am I eligible for unemployment? You certainly may apply but I seriously doubt you'll be eligible. Your employer has full-time work available for you but you have rejected their offer in order to stay home with the baby. In addition, one of the basic requirements for UC eligibility is that the claimant be available for and actively seeking work.

      Unemployment benefits are for those individuals who are able and willing to work but are out of work through no fault of their own. You're out of work because you choose to be.


      • #4
        Your employer offered you work if you would return on 9-18. Since you
        didn't, you most likely will not receive UI. You declined offered work.
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