PA UC denying benefits over FMLA confusion - battling wrong 'unavailable for work' status and overpayment notice

I've been through something similar. PA UC sometimes gets confused with FMLA periods and employment gaps. For your appeal, you absolutely need: 1) Pay stubs from after the FMLA period ended (Dec 11th), 2) The official FMLA approval documentation showing exact dates, 3) Layoff notice from mid-December, 4) Any communication from the employer confirming the return in March and subsequent May layoff. The key is proving the timeline clearly shows he was available after FMLA ended. If the employer reported incorrect dates to UC, that might be causing the confusion.

omg the same thing hapend to me last year!!! they said i wasnt available for work during my maternity leave even tho i had documentation. did u upload all the paystubs to your dashboard? sometimes they dont even look at them if u mail them in!!

This is a classic case of PA UC misunderstanding temporary leave vs. unavailability. For your appeal, emphasize that FMLA is a legally protected temporary leave, not a voluntary quit or refusal of work. The availability requirement under PA UC law applies to periods when claiming benefits, not periods of protected leave. Did they specify which exact weeks they're questioning? The burden of proof is on them to show he refused suitable work during periods he claimed benefits after FMLA ended.

UC is always doing this!!! They LOOK for reasons to deny people benefits! My brother had almost the exact problem and had to fight for MONTHS to get his money. Its all about saving the state money by hoping people give up!!!!!

I had nearly identical situation after paternity leave last year. You absolutely need to contact an actual UC representative to explain the situation before your hearing. The problem is getting through to someone who can actually help. After 3 days of constant busy signals, I used Claimyr (claimyr.com) to get through to a real person at PA UC. They have this system that calls for you and gets you connected to an agent when they answer. There's a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. The rep I spoke with was able to see the error in how my employer reported my FMLA vs my actual return date and made notes in my file before my hearing, which made the appeal go much smoother.

Yes, it made a huge difference! The UC rep added notes to my file that the referee could see during the hearing. She also told me exactly what documents to bring and how to organize them for the hearing. Having someone acknowledge the issue beforehand gave me much more confidence going into the appeal.

i work in hr (not in pa but familiar with uc issues) and this sounds like a reporting problem. the employer's quarterly wage reports and separation information probably have conflicting dates. when employers submit these reports, even small errors can cause these kinds of determination issues. bring ALL documentation to the hearing - paystubs, schedule, texts/emails about work dates, everything. the referee will want to see exactly when he worked vs when he claimed benefits.

Absolutely! Print ALL communication about work schedules, return dates, and layoff notices. Text messages and emails are considered valid supporting documentation in UC hearings. Organize them by date and highlight the relevant parts. This creates a clear timeline that can override whatever incorrect information may be in the system.

make sure u watch the mail SUPER careful for the hearing notice!!! my husband missed his hearing date cuz the letter came and it looked like junk mail and i threw it out by accident lollll had to request a new hearing and wait another month!!

One more important tip: when you present your case at the hearing, be extremely clear and chronological. Start with "My husband was employed at [Company]. He took approved FMLA from [date] to [date]. He returned to work on [date] as evidenced by these paystubs. He was then laid off on [date]." Many appellants get flustered and jump around in their timeline, which confuses the referee. Practice explaining the situation clearly before the hearing.

A brief written outline is actually perfect for an appeal hearing. The referee will appreciate the organization. Just keep it to bullet points of dates and events rather than a full statement. And remember that for the "availability" issue, the key is proving he was ready and able to work after the FMLA period ended, which your pay stubs demonstrate. For the overpayment, focus on the fact that benefits were only claimed during actual periods of unemployment after FMLA ended. I've helped several clients successfully overturn similar determinations.

Update: We finally got through to PA UC this morning! The rep confirmed there was a reporting error where his employer coded his FMLA absence as "voluntary leave" instead of protected FMLA. The rep made detailed notes in the system for our appeal hearing. She also advised us to have his supervisor write a short letter confirming his work dates. I'm feeling so much more confident now! Will update after the hearing next week. Thank you all for the amazing advice!