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Can I leave my job and collect UB for health reasons?

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  • Can I leave my job and collect UB for health reasons?

    I recently injured my knee off the job requiring surgery. I work for a concierge company that has me assigned to a hotel desk that requires standing. I missed a week due to pain but returned when they honored my request for a stool to take the weight off of my knee. This was working out fine as I was seeking a second opinion. Then one day the GM of the hotel decided that I couldn't have the stool any longer. My company wanted to move me to another hotel that is an absolute horror to work at. Instead I decided to stay at the standing desk. This caused me so much pain and swelling, I had to call in sick again. At which point the senior VP of my company told me that my actions were unacceptable and that he has removed me from the schedule indefinitely, despite my scheduled surgery and approx healing time.

    I no longer wish to give my hard work to a company that turns its back on me in a time of need (this isn't the first time). I feel as though I have been discriminated against because of my injury. Is there any way to leave this job as I heal, and collect Unemployment Benefits until i find a new job with a better company?

  • #2
    Probably not since you have to ready, willing and able to work as a requirement to collect UI benefits. You quitting is another issue that may or may not disqualify you.

    Are you eligible to take FMLA? Does your employer have at least 50 employees within a 75 mile radius? Have you worked there longer than 12 months? Please advise, so we can better answer your questions.

    Also, what state do you work in?

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    • #3
      Also, did you work for your employer at least 1,250 hrs. in the 12 months immediately preceding your leave for surgery?

      If your employer has less than 50 employees, how many employees does your co. have? As requested previously, need name of state where you work. Some states have a state version of "FMLA" & requirements can be different.

      You can't get UI benefits unless you are ready, willing & able to work/looking for work & you generally don't get UI if you quit your job.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        Thanks for answering.

        I work in NY. Answer yes to all the above FMLA questions. If I take FMLA does NYS Disability still help me? I can't survive on no pay.

        Is there no way out of a job that discriminates against your injury? If they had only left the stool for me, I could return in a week.

        Comment


        • #5
          Your employer is obligated to identify absences that qualify for FMLA, such as your knee injury. What I can't tell is whether removing you from the schedule indefinitely means that they've put you on leave. They haven't terminated your employment.

          Is there no way out of a job that discriminates against your injury? If they had only left the stool for me, I could return in a week.

          Failing to continue providing the stool was, in my opinion, stupid. Federal law does not require accommodating temporary disabilities however. State law seldom does either but you may want to contact NY's human rights division and inquire.

          If I take FMLA does NYS Disability still help me?

          By all means, apply for disability. Whether you are on FMLA is irrelevant. One is not dependent upon the other.

          Comment

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