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Leave of Absence, Florida Florida

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  • Leave of Absence, Florida Florida

    I was allowed a leave of absence from my school district for the current school year. I believe I have little chance in being reinstated due to the economy.

    I just contacted HR about my options and was told first they would give positions to Reduction In Force personnel, meaning them not me. I'm not sure why as someone on leave I'm not considered a RIF employee as well (I was RIF'd the previous year).

    They also felt I wouldn't be eligible for unemployment if they didn't take me back?!?

    I left the mainly for stress related reasons. I was seeing a counselor weekly for the last two years of employment (not now), and also montlhy visits to a psychiatrist for meds to control the stress (still being seen). When I left my school, though, I gave another reason besides stress, not wanting them to know.

    Do I have any protections or is the law really written in a way that I have no safety net whatsoever?

  • #2
    If you've been on leave for an entire school year and have had no wage in that time, you may not be financially eligible for UI.

    2. What are the general eligibility requirements to receive unemployment compensation benefits?
    To establish a monetarily eligible unemployment compensation claim, a person must have worked and earned wages during the first four quarters of the previous five completed quarters prior to filing a claim. This period of time is called the “base period.” The base period changes every three months at the beginning of each new quarter starting in January, April, July and October.

    To qualify monetarily, a person must:

    • Have been paid wages in two or more calendar quarters in the base period;
    • Have total base period wages of at least 1-1/2 times the wages in the quarter having the highest earnings;
    • Have at least $3,400 total wages in the base period.

    This calculation is automatically done at the time you file your claim.
    If you file the initial claim in the 2nd quarter of 2009, the base period would be the 2008 calendar year.
    Last edited by Pattymd; 03-23-2009, 12:22 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Even assuming that FMLA applies, the longest that you have job protection is 12 weeks. After FMLA has expired on week 13, day 1 of your leave, you only have job protection if you have a legally binding and enforceable contract or CBA that says you do.
      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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