PA UC appeal for termination due to absences while caring for autistic children - success chances?

I won my appeal last year in a similar situation. The key is proving that your absences were unavoidable and that you communicated properly with your employer. Bring detailed documentation to your hearing: doctor's notes for your children, their diagnosis paperwork, records of when you notified your employer about needing to miss work, and any workplace policies about attendance. Also, show that you tried to find alternative care arrangements when possible. The referee will want to see that you weren't just choosing to miss work but had legitimate reasons beyond your control.

Thank you!!! I have texts to my supervisor for most absences but not all. I'm worried because sometimes I had to call out last minute when my oldest had a meltdown right before the school bus came. Do you think the autism diagnosis paperwork from their doctors will help? Did you have a lawyer at your hearing?

u cant just not show up for work and expect to keep ur job lol. did u even try to get FMLA paperwork filled out?? that protects ur job for medical stuff. unemployment isnt for people who choose not to work

This is unnecessarily harsh. Caring for children with special needs isn't 'choosing not to work.' My sister faces similar challenges with her autistic son. The system doesn't make accommodations easy for parents in these situations.

I'm an advocate who's helped with many PA UC appeals. For attendance-related cases involving family care, your chances depend on several factors:\n\n1. Did you request FMLA protection? If yes, bring that documentation.\n2. Did your employer have a clear attendance policy that you violated?\n3. Can you prove the absences were truly unavoidable?\n4. Did you explore all reasonable alternatives for childcare?\n\nThe good news is that PA recognizes legitimate family emergencies can be good cause for absence. The bad news is you need to prove each absence was truly necessary. Be prepared to explain EACH absence individually at your hearing and why you had no alternative. Also, request your employer's attendance records before the hearing so you can verify their claims about your absences.

They did have a points system and I was over the limit. I never applied for FMLA - didn't know that was an option since I've only been there 9 months. Does that hurt my case? And what if I can't get doctor's notes for every single absence? Sometimes it was behavioral episodes not actual illness

I had such a similar situation with my special needs daughter! I got fired from my retail job for missing too many days when she was having episodes. I appealed and LOST because I couldn't prove every absence was

This happened to my cousin too! The UC people don't understand what it's like trying to find someone qualified to watch special needs kids, especially on short notice. It's not like you can just call a regular babysitter. And specialized care is like $30/hour if you can even find someone!

Another thing that helped me win my appeal was bringing evidence of any attempts to find alternative solutions before missing work. Did you ever request schedule adjustments? Alternative shifts? Any texts or emails asking for accommodations can help show you weren't just choosing to miss work but trying to balance your responsibilities. The referee in my case specifically mentioned this as a factor in my favor.

I did ask about working from home on days when my kids couldn't go to school but my supervisor said warehouse jobs can't be done remotely. I also asked about switching to night shift when my ex could watch the kids but they said no openings were available. I should have those text messages somewhere...

Have you tried contacting Claimyr to get through to an actual PA UC agent? I was in appeal limbo for weeks and couldn't get answers about my case. Busy signals for days! I used their service at claimyr.com and got connected to a UC rep in about 20 minutes. They gave me specific advice about what documentation I needed for my hearing. They have a video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 that shows how it works. Helped me prep better for my appeal instead of going in blind.

I'll check it out! I've been trying to call for days with no luck. I have specific questions about what counts as evidence for my hearing that aren't answered on the website.

my brother has austism and my mom got fired from her job for taking care of him too much. she won her appeal because she had all the paperwork from his school IEP meetings and therapist appointments. bring EVERYTHING even if you think its not important!!!

This is excellent advice. Documentation is critical in these cases. Bring IEP paperwork, therapy schedules, medical diagnoses, and even a calendar showing all appointments and episodes. PA unemployment referees respond well to organized documentation that shows a pattern of legitimate need rather than just verbal explanations.

depends on ur company attednance policy. mine says 6 absences in 90 days = termination no excuses. if ur company has somethin like that and u signed it when hired u might be out of luck

That's not entirely true. PA unemployment law considers whether absences were for good cause, even if they violate company policy. The employer needs to show the absences were without good cause or notification to prove willful misconduct. Company policies don't automatically override UC eligibility when there are legitimate reasons for absences.

Make sure you're SUPER prepared for the hearing! My appeal was over the phone and the referee kept asking for specific dates and details I couldn't remember off the top of my head. It looked really bad. Write everything down beforehand - every absence date, reason, who you notified, how you notified them (text, call, email), and what accommodations you requested. Be organized or they might think you're making stuff up.

Thank you for this advice! I'm going to create a spreadsheet with all the dates and details. Would it be helpful to bring the kids' behavior logs from school too? They document every episode and call I received to pick them up early.

To address your follow-up questions:\n\n1. Not having FMLA doesn't automatically disqualify you (and you wouldn't qualify until 12 months anyway)\n2. School behavior logs would be EXTREMELY helpful evidence\n3. For behavioral episodes without doctor notes, bring any documentation from the school about early pickups or the behavior intervention plan\n4. If you can get a letter from your children's doctor or therapist explaining the unpredictable nature of autism-related episodes and the necessity of parental presence, that would strengthen your case\n\nIn PA, the key legal standard is whether you had \

I'll reach out to their behavioral therapist tomorrow for a letter. I also found emails where I asked HR about flexible scheduling options as an accommodation for my situation. Does it help that I never missed work without calling first? I always gave notice, even if it was sometimes only an hour before my shift when there was an emergency.

THE SYSTEM IS RIGGED AGAINST PARENTS!!! I've been through 3 jobs in the past 2 years because of my son's needs. Every time I get denied benefits then have to FIGHT to get what I deserve. Even if you win the appeal they'll make you wait FOREVER for backpay. My last appeal took 4 months to resolve and I almost lost my apartment waiting!!!!

I understand your frustration, but many people do win these appeals with proper documentation. The system isn't perfect but it's not completely hopeless either. Focus on what you can control - gathering evidence and presenting your case clearly.

Based on everything you've shared, I think you have a decent chance at winning your appeal if you prepare properly. The fact that you always notified your employer, attempted to find accommodations, and have documentation from the school will help. Make sure to emphasize that caring for children with special needs isn't a choice or preference but a necessity. Be respectful during the hearing and stick to facts rather than emotional arguments. And don't get defensive if they ask tough questions - just calmly explain your circumstances and the impossible position you were in.

Thank you so much for all the advice. I'm feeling a little more hopeful now. I'll start gathering all my documentation this weekend. Just hoping I can pay my bills until this gets resolved.