FMLA - Unemployment Compensation???

traceyb

Ok, this is a first time FMLA deal for me.
Ee off due to personal time snowmobile accident.
Surely he can't claim Unemployment during his leave?? Right??

Thanks,

Tracey

Irie

In order to claim unemployment a person must be able to work. If this person is disabled then he is not able to work and cannot collect unemployment. At least that's the way it is here in Ohio.

LindaS

Here in WI, that would depend on the disability level. For example, if he were released to some type of light duty work and we did not have any work available within his restrictions, the UI division then takes a look at similar industries in this area to determine whether THEY would have work for this individual within his restrictions. If they determine that a certain percentage would have (I think it is 40%) and we do not, they are awarded UI.

I have NO idea how/when they obtained their information regarding what jobs/industries but I know that I have never been asked to participate in any type of survey but anyway, there is your answer.

LarryC

Here in the Land of 10,000 Lakes and 14,000 Islands we kinda follow WI's lead and would probably pay UI.

System

Most states, other than goofy WI, requires that an employee be "willing and able to work, and actively seeking employment" in order to be eligible for UI. I beleive Michigan has the same criteria. Go on-line or call the Michigan Dept of Industrial Relations (or whatever they call it there) and have them provide you the rules of unemployment eligibility.

HRCalico

I just wanted to say thanks, traceyb, for a timely post. I had just received a unemployment notice for an EE that I had termed for running out of FML (I termed him the day before he had surgery. Ouch, but needed to be done). Because I don't believe he is able and willing to work, I filed a notice of appeal. Of course, it has been a while since the surgery, so he may be released to work, but then wouldn't he reapply for his old job? ;;) It's worth a shot, anyway, rather than just rolling over and handing him a bunch of money.

HRCalico

Since I thread-jacked this once, I might as well do it again to provide an update. I filed a subpoena for a doc's note for the employee to return to work, which the employee ignored, as well as the request for a conference call hearing with the administrative law judge. I thought that automatically got you bounced out, but apparently it is if the party filing the appeal doesn't show, the appeal is dropped.

Anyway, I thought I was really in trouble because the judge gave me a "lesson" in unemployment hearings and said that he was only there to consider the details of the separation - NOT the employee's ability to work (which was the entire basis of my appeal). He told me I'd need to contact a different branch of the DOL, but because I had accidentally hung up on him at the beginning of the call, I didn't feel in a position to pump him for info.

After the hearing ended, I tried contacting our state Unemployment people who just said that if I didn't like the decision, I could appeal it again. Ugh. So I bombarded my favorite local state DOL people with pleas for help, and I finally got referred to someone in the state Unemployment office who very delicately and per HIPAA said they were aware of the situation and had investigated it properly. That's all I wanted!

I then got the decision letter in the mail today and we WON - the judge actually felt that the employee was discharged for misconduct. I don't quite get it, but I'll take it. (Quick details, he was supposed to return a form to request his leave to be extended after he ran out of FML and he didn't return it. Says he didn't get it but I talked to him on the phone and told him it was coming, and he didn't request another form, nor did he request it when I called to term him). He's DQ'ed for 12 weeks.

Whirlwind

Well, I thought some of our ee's had figured out every possible way to work the system but so far none of them have tried to apply for UI while on FMLA. I don't think it would fly in Texas because of the "able/willing/seeking" criteria mentioned above. That said, I never fail to be amazed at what it necessary to prove that someone was fired for cause, up to and including having to show where it said in our employee handbook that it was not okay to strike your coworker with a board.

System

Whirlwind,
You have hit a nerve of mine that has been raw for years. I have never seen such blatant gifts of undeserving unemployment payments to those that should not even be allowed to reap one penny worth of benefits. Our unemployment system has become a secondary welfare system that rewards poor performance, lack of effort, misconduct and nonexistent work ethic. Its as if our bureaucrats just can't wait to hand out money to those that simply do not want to work. I could go on quite a rant right now, but my blood pressure is starting to rise as i write this.

LarryC

vphr, you should have been with me at a UI hearing a couple of years ago when the hearing judge fell asleep. Talk about a tension breaker! That was a hoot.

HRCalico

Larry, what did you do when he fell asleep??? Our hearings are held via conference call. Sometimes I wish I could fall asleep and wake up to find it was all a bad dream . . . :>)

LarryC

Lenetta, first of all it was a she; a rather large she. She fell asleep in her chair and was beginning to capsize when we all kinda in unison cleared our throats. She immediately "righted" herself, but was totally lost in the proceedings. It was really embarrassing, but afterward we, along with the former employee, had a real laugh over it.

She ruled against us, I appealed to the commissioner, got a call from her supervisor apologizing, and was awarded a new hearing. This time, a more alert judge ruled in our favor.

Now days, it's all by phone, which I like.

traceyb

Hey, everyone, thanks for validating my outrage
at this abuse of entitlement! I finally got
a response from the state of MI, who told me
to apply for a hearing to protest any payment to
this guy. He says his back is bad, and he's
restricted from work for three more months.
Oh, let's pay unemployment to this "actively
seeking, able to work, bottom feeder..." la,la,la.
Yikes!