Can EDD disqualify me if I keep leaving work early for childcare issues?
I started a new job 3 weeks ago after being on unemployment for 4 months. The problem is my childcare situation is really unstable right now. My regular babysitter quit unexpectedly and I've had to leave work early 6 times already because the temporary sitter cancels last-minute. My supervisor gave me a verbal warning yesterday saying this violates their attendance policy. I'm worried if I get fired, EDD will say I was terminated for misconduct and deny my claim. Does anyone know if California has protections for parents in this situation? Or would EDD consider this misconduct since it's in the company handbook that employees can't leave early without 24hr notice? I'm a single parent and really need this job but also can't leave my 7-year-old alone.
16 comments
Diego Chavez
This is actually a complicated situation with EDD. Generally speaking, if you're terminated for violating a reasonable employer policy that you were aware of, EDD can consider it misconduct and potentially disqualify you. HOWEVER, there are some protections for parents under California law. First, if your employer has 25+ employees, you might be protected under the Family-School Partnership Act which allows time off for school emergencies. You should also look into whether your employer is covered by CFRA (California Family Rights Act) which might give you some protection. The key for EDD purposes is whether your actions would be considered 'misconduct' which requires four elements: 1) substantial breach, 2) that is willful or wanton, 3) that harms the employer, and 4) deliberately violates known rules. Childcare emergencies might not be considered 'willful' since they're often outside your control.
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Chloe Robinson
•Thank you for this information! My employer definitely has over 25 employees (it's a retail chain). I didn't know about the Family-School Partnership Act. Do you know if I need to file paperwork for this protection or how I document it? I've been texting my boss each time about the childcare emergency but haven't formally requested anything.
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NeonNebula
sounds like ur empleyer is being unresonable tbh. my cousin had this same issue and her boss kept giving her warnings for leaving to deal w/ her kids. she got fired and EDD approved her claim becaus she proved the absenses were for legit childcare reasons. they dint consider it misconduct cuz she wasnt just making excuses to leave work early. just make sure u DOCUMENT EVERYTHING and save texts showing ur childcare canceled on u!!
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Anastasia Kozlov
•This is terrible advice. EDD absolutely can and will deny you for attendance issues regardless of the reason in many cases. I've seen plenty of people get denied for exactly this.
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Sean Kelly
I'm an HR manager, and I want to clarify something important here. Under California law, childcare emergencies don't automatically protect you from termination or guarantee unemployment benefits. However, a reasonable employer should work with you on a temporary accommodation plan while you sort out childcare. If you do get terminated and file for unemployment, EDD will look at several factors: 1) Did you inform your employer about the childcare situation? 2) Did you attempt to find alternative solutions? 3) Were the absences truly due to emergency situations versus convenience? 4) Did you follow the proper call-out procedures each time? I would recommend documenting everything, including texts from your babysitter canceling and your communications with your supervisor. Also, try to propose a temporary solution to your employer like making up hours or working remotely if possible. This shows good faith on your part.
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Chloe Robinson
•Thank you for the HR perspective. I have been texting my supervisor each time with the specific reason, and I've kept all the cancellation texts from the sitter. I'll try to come up with some alternative solutions to propose tomorrow. Would it help if I put something in writing about my current childcare search efforts to show I'm trying to resolve this?
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Zara Mirza
When I had a similar situation last year, my employer was giving me a hard time about having to pick up my son early from school when he got sick. I ended up getting fired and EDD initially DENIED my claim saying it was misconduct! I had to appeal and go through the whole hearing process. It was a NIGHTMARE trying to get through to EDD to check on my appeal status - constantly busy signals and disconnections. I finally found a service called Claimyr that got me through to an EDD representative in about 20 minutes when I'd been trying for weeks on my own. They have this system that calls EDD for you and connects you once they get through. Saved me hours of frustration. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Btw, I did win my appeal because I proved the absences were for legitimate childcare emergencies that I couldn't control. The judge ruled it wasn't misconduct because there was no willful disregard of my employer's interests.
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Chloe Robinson
•That's good to know about your appeal experience. I'm hoping it won't come to that but it's reassuring to hear you won your case. I'll check out that service if I end up needing to file a claim and have trouble reaching EDD.
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Luca Russo
EVERYONE telling you that you'll be protected is WRONG!!! EDD doesn't care about your kids, they only care if you followed company policy. I got fired for the exact same thing and EDD denied me because I "violated known attendance policies" even though it was because my son has special needs and his school kept calling me to pick him up early. The system is BROKEN and designed to protect employers not workers!!!!
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Diego Chavez
•I understand your frustration, but your experience doesn't mean the same will happen to the OP. EDD decisions are case-by-case, and many factors are considered. Did you appeal the determination? Appeals are often successful in these types of situations if you can demonstrate the absences were truly outside your control and not willful misconduct.
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Nia Harris
hey just wondering did u try asking ur employer about flexible scheduling? sometimes they can work with u on that. my job let me change my hours when i had daycare problems. worth asking maybe?
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Chloe Robinson
•That's a good suggestion. I haven't formally asked about adjusting my schedule. My shift is 9-5 and if I could work 7-3 instead, it would line up better with school hours. I'll definitely bring this up as a possible solution!
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GalaxyGazer
I want to add something important that others haven't mentioned: make sure you're actively documenting your efforts to find stable childcare. EDD often looks at whether you're taking reasonable steps to address the underlying problem. Keep records of applications to daycares, interviews with potential babysitters, and any waitlists you're on. Also, double-check your company handbook for any language about family emergencies or excused vs. unexcused absences. Some handbooks actually have provisions that protect parents in emergency situations even with their strict attendance policies. If things continue to be difficult, you might also look into filing for partial unemployment if your hours get reduced instead of being terminated completely. This is sometimes a better option than losing your job entirely.
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Anastasia Kozlov
•Partial unemployment is a great suggestion that most people don't know about. You can actually receive some benefits if your hours are reduced significantly.
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NeonNebula
just wanted to say i feel u so much on this. being a single parent is SO HARD and employers act like we can just magicly make childcare appear out of nowere. hang in there!!! ur doing the best u can!!
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Chloe Robinson
Thank you everyone for all the advice and support! I'm going to: 1) Document everything about my childcare search efforts, 2) Talk to my supervisor about flexible scheduling options, 3) Look into the Family-School Partnership Act protections, and 4) Create a backup childcare plan to propose to my employer. I really appreciate all your help - it's been so stressful trying to balance everything as a single parent. I'll update if anything changes with my situation.
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