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  • #16
    Evidently, despite your claims of being an expert, you are unaware that NJ has its own version of FMLA. It makes a difference whether he was applying for the Federal or state version.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #17
      Which still doesn't tell us whether the leave meets the qualifying characteristics of either FMLA or NJ's version of it. NJ is one of the few states with mandated disability coverage for nearly all employees. However, eligibility for benefits under state disability regulations are not the same or even close to those for FMLA. One very well could be eligible for disability pay in NJ and not covered by FMLA or the NJ equivalent.

      Unless and until the OP returns with a response, all anyone here can do is guess, which does no one any good.
      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.

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      • #18
        Couple notes to clarify:

        1. Wife was not eligable for FMLA due to not being there for over a year
        2. She was told to apply for NJ Temporary Leave - but needed to exhaust her PTO first - while on PTO she was sent later stating that they accept her 'resignation'

        There is no paperwork of a resignation - only paperfwork started for NJ Temp leave and signed PTO forms.

        From an appeals standpoint - I am confident that we have the lions share of evidence to support or stance - while the employer has only a letter THEY sent with no evidence to back that.


        My Questions is:

        1/ does it make any sense for us to go to any of the regional offices? Will this help in any way? Do they address particular applications and next steps? Are the regional offices only for traning? If so, which would you recommend? We are dedicated to do anything that would move this along or at least give us a better idea of where we are at.

        We are in dire need of getting this resolved and continue to wait for the appeal since December 2nd.

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        • #19
          If she was not eligible for the federal FMLA, then she would have to look to the NJFLA for job-protected leave. I'm assuming that what you are calling NJ "Temporary Leave" is the NJFLA. However, the NJFLA also requires the employee be employed for one year before becoming eligible. So that is not an option for job-protection, either.
          http://www.differencebetween.net/bus...mla-and-njfla/
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #20
            Thanks for the response.

            Or focus is on the appeal of the Unemployment denial. We are confident that we have the paperwork to support the fact that my wife was terminated - and did not resign. All the employer has is a letter they mailed while my wife was on company authorized (signed paperwork) PTO.

            My questions are:

            1. Is it worth the time to go to any of the State offices? If yes, which ones would you recommend - we live in Union County

            2. Is it normal we have been waiting on an appeal date since 12/1 - is this normal?

            Thank you!

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            • #21
              From anecdotal evidence I've heard, this is the new normal.

              If you're asking if it's worth going into the office to see if you can find somebody who actually knows the status of a hearing, I'm kind of doubting it. The folks who man the desks are usually pretty insulated when it comes to what they know and what they can easily find out. I'd just keep calling. And calling. And calling. *sigh*
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #22
                The bigger issue is that your wife would have to be ready, willing, able and actively seeking work in orderto qualify for UC. If she is not because of a medical condition, then no matter the reason for her separation, she would not qualify for UC.
                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.

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