PA UC eligibility after quitting due to no maternity leave position hold - who to contact?
So my company told me they wouldn't hold my position when I needed maternity leave (I just had my baby 3 weeks ago). They basically said I could reapply after but no guarantees. I felt forced to put in my two weeks notice before leaving since there was no point in coming back to no job anyway. Now I'm wondering if I can claim unemployment in PA since technically I quit but only because they wouldn't hold my job? This seems illegal but I'm not sure. Who do I even call to figure this out? The UC website is confusing and I can't get anyone on the phone. Has anyone dealt with something similar?
20 comments


TommyKapitz
Yes, you MIGHT be eligible for UC benefits in this situation. This could be considered a 'compelling and necessitous reason' to quit which is an exception to the voluntary quit rule. The key is documenting that your employer refused to hold your position - do you have that in writing or emails? You'll need to explain this clearly when you file your claim. As for who to call, the UC service center number is 1-888-313-7284, but good luck getting through!
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Louisa Ramirez
•Thank you! I have texts from my manager saying they "can't guarantee" my position would be there. I hope that's enough. I've been calling that number for 2 days straight but keep getting a busy signal. Is there any other way to reach them?
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Angel Campbell
This situation is actually covered under what PA UC calls a "necessitous and compelling reason" to quit. You didn't truly quit voluntarily - you were essentially forced out by their policy. When you file, make sure to clearly explain this and provide any documentation showing they wouldn't hold your position. They might initially deny your claim (they often do), but you can appeal. And just so you know, PA requires 6 job search activities per week once you're on UC benefits (apply for 3 jobs and do 3 other activities like updating resume, attending workshops, etc).
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Payton Black
•thats exctly what happened to my sister last yr!!! they denied her at first and she had to go thru the whole appeal thing. took like 8 weeks total to get approved but she did get backpay for all the weeks.
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Harold Oh
Sorry about your situation. Not sure if this helps but I went through similar but mine was a medical leave not maternity. I had to file a appeal and attend a hearing with a referee before they approved my benefits. I definitely recommend keeping any proof that they woundn't hold your job - emails texts etc.
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Louisa Ramirez
•Thanks for sharing your experience. How long did your appeal process take? I'm really worried about finances while waiting.
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Amun-Ra Azra
You should definitely be eligible! What your employer did might actually violate FMLA if they have enough employees (50+) and you worked there at least a year with enough hours. They're REQUIRED to hold your job in that case! But even without FMLA protection, PA unemployment should still consider this a valid reason to quit. The problem is getting someone on the phone to explain your situation properly. I spent THREE WEEKS trying to reach PA UC about my claim issues before I found Claimyr (claimyr.com). They have this system that gets you through to an actual UC agent - saved me so much frustration! They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2
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Summer Green
•is that service legit? sounds to good to be true lol. ive been trying 2 get through for my open issue for like a month
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Amun-Ra Azra
•It worked for me! I was skeptical too but I was desperate after calling for weeks. Got through to an actual person who fixed my issue in like 10 minutes once I finally reached them.
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Gael Robinson
The UC system is RIGGED against regular people!!!!! I had almost the exact same situation in 2023 and they DENIED my claim saying I "voluntarily quit" even though my job basically forced me out!!!! Had to fight for MONTHS and hire a lawyer to finally win my appeal. The whole system is designed to reject valid claims hoping people give up. DOCUMENT EVERYTHING and be prepared for a fight!!!!!
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Louisa Ramirez
•Oh no, that's really discouraging to hear :( Did you eventually get backpay for all the weeks you were fighting it?
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Gael Robinson
•Yes I did eventually get ALL my backpay but it took almost 5 months total and I had to borrow money from family to survive!!! The system is BROKEN!!!
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Payton Black
my friend works at uc and she says they look at if ur employer gave u a real choice or not. if they pretty much said ur position wont be there thats not a real choice. also make sure when u file u dont just say "i quit" cause theyll deny u automatically. u gotta explain the whole situation in detail.
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Louisa Ramirez
•That's really good advice, thank you! I'll make sure to be super clear about the circumstances when I file.
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TommyKapitz
To add some clarity here - this type of situation falls under Section 402(b) of the PA UC Law which covers voluntary quits. The key is demonstrating you had a "necessitous and compelling reason" to quit. The burden of proof is on you to show you had no real alternative. Make sure you have documentation of their refusal to hold your position, any communications about this, and be prepared to explain why this made it necessary for you to quit rather than wait to be laid off. Also, when you file your initial claim, you'll need to provide detailed information about why you left - don't just check "quit" without explanation.
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Gael Robinson
•THIS!!! This is EXACTLY what my lawyer told me. The magic words are "necessitous and compelling reason" - use EXACTLY those words in your claim and appeal!!!
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Harold Oh
Good luck! My sister had twins last year and her boss was horrible about it. Make sure you apply for WIC too if you haven't already. And congrats on the baby :
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Angel Campbell
One other thing to consider - you mentioned the company wouldn't "hold your position" but did they explicitly say you were terminated, or that you had to resign? If they told you that you had to resign, that's actually a constructive discharge which is treated differently than a voluntary quit. The details matter a lot here for your UC claim. Also, how large is the company, and how long had you worked there? That determines FMLA eligibility which could be relevant to your case.
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Louisa Ramirez
•They didn't say I was terminated. It was more like "we can't guarantee your exact position will be available, but you can apply for any openings we have when you're ready to return." It's a small company (about 30 employees) and I was there for 10 months, so probably not FMLA eligible I think.
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Angel Campbell
•That's helpful information. You're right that FMLA wouldn't apply (needs to be 12 months and 50+ employees), but that phrasing from your employer still supports your case for UC benefits. It effectively forced you to quit since they weren't guaranteeing your position. Just make sure to emphasize this when filing your claim.
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