PA UC referee decision timeline + employer withholding FMLA info - what can I do?
I had my PA unemployment hearing with a referee 9 days ago, and I'm getting anxious about when to expect a decision. Does anyone know the typical timeframe for this? My case is complicated because my employer completely changed my position after I tried to take FMLA leave. When I've contacted HR to get documentation about the FMLA denial for my UC case, they keep giving me the runaround and refusing to provide my own information! Is this even legal? Can my former employer withhold my own personnel records when I need them for an unemployment appeal? Getting desperate here as bills are piling up while I wait...
20 comments


Ingrid Larsson
Referee decisions typically take 2-3 weeks in PA, though I've seen some come through in as little as 10 days. If your hearing was complex or the referee requested additional evidence, it could take up to 4 weeks. As for your employer withholding your FMLA information, that's actually a separate issue from your UC claim. You have a right to access your personnel file in PA under the Personnel Files Act - you need to submit a written request to view your file, and they must comply within a reasonable timeframe (usually 5-7 business days).
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Tyrone Johnson
•Thank you so much. I didn't even know about the Personnel Files Act! Do I just write a letter requesting access or is there a specific form? And if they still refuse after I submit a written request, what's my next step?
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Carlos Mendoza
i had a hearing last month n got my decision in like 2 wks. my boss tried to hide stuff too lol. the referee was nice tho, she could tell they were being shady
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Tyrone Johnson
•That gives me some hope! Did you win your case even though your employer was being difficult? The referee seemed pretty neutral during my hearing, so I couldn't tell which way they were leaning.
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Zainab Mahmoud
This is EXACTLY why I hate these companies!!! They think they can just ignore the law and do whatever they want. I had almost the SAME THING happen to me last year - tried to take FMLA for my mom's cancer treatments and suddenly my position was "eliminated" and a new one magically appeared with crazy requirements I couldn't meet. FIGHT THEM!! The UC system actually sided with me but it took FOREVER and I had to appeal twice. DON'T give up!!!
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Ava Williams
•did u have to submit documentation from ur doctor for the fmla thing? im in a similar situation but dont have all my paperwork
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Raj Gupta
I've been through several UC appeals in PA and can share some insights: 1. Referee decisions typically come within 10-14 business days after the hearing, but can take up to 21 days during busy periods (like now). 2. For your FMLA documentation issue: Pennsylvania law (Personnel Files Act) gives you the right to inspect your personnel records. Send a certified letter specifically requesting all FMLA-related documents and position change information. They must comply within reasonable time. 3. If they continue to deny access, contact the PA Department of Labor & Industry's Bureau of Labor Law Compliance at 800-932-0665. 4. When you receive the referee's decision, read it very carefully - you'll only have 15 days to appeal to the UC Board of Review if needed. Hope this helps!
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Tyrone Johnson
•This is incredibly helpful, thank you! I'll draft that certified letter today. One more question - if the referee rules against me, does the 15-day appeal window start from the date on the decision letter or from when I receive it in the mail?
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Lena Müller
I tried calling PA UC for WEEKS about my appeal status and kept getting busy signals or disconnected. Finally found this service called Claimyr that got me through to an actual person in less than 30 minutes. Worth checking out if you need to speak with someone about your case: claimyr.com - they have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. The agent I talked to was able to tell me exactly when to expect my referee decision and explained the next steps.
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Carlos Mendoza
•does it actually work tho?? i tried calling uc like 50 times yesterday and nothing!
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Ava Williams
my freind had a hearing and it took them almost a month to decide. she was going crazy waiting!!!!! i think it depends on how busy they are. also the fmla thing is serious you shuld talk to a lawyer maybe
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TechNinja
•A month?! That's ridiculous! The system is completely broken.
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Raj Gupta
To answer your follow-up question, the 15-day appeal period starts from the MAILING DATE stamped on the decision, not when you receive it. This is very important because mail can be delayed. If the decision is also provided electronically through your UC dashboard, the countdown still begins from the mailing date on the letter. Regarding the Personnel Files Act request - there's no specific form, but your letter should include: - Your full name and employee ID (if you had one) - Dates of employment - Specific records you're requesting to view (FMLA documentation and position change details) - Preferred dates/times to view the records - Your contact information Send it certified mail with return receipt so you have proof of delivery.
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Tyrone Johnson
•Thank you again! I just sent the certified letter today. I really appreciate you taking the time to explain all this. The whole process is so overwhelming.
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Lena Müller
Yes, it definitely works! I was skeptical too but was desperate after trying for days. The agent I spoke with pulled up my case immediately and even helped me understand why there was a delay with my decision (turned out the employer had requested more time to submit evidence). Having an actual conversation with UC made all the difference.
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Carlos Mendoza
•cool thx! might try it tmrw if i still cant get thru
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Ingrid Larsson
Just wanted to add - if your employer is being difficult about documentation, make sure to mention this to UC when you get a chance to speak with them. Document every attempt you've made to get your records (dates, who you spoke with, what was said). The referee can take this pattern of behavior into consideration. In my experience handling these cases, employers who withhold information often do so because it would support the employee's case.
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Tyrone Johnson
•I wish I had known this before the hearing! I did mention it briefly but didn't emphasize it enough. If I need to appeal to the Board, I'll definitely highlight this pattern more clearly.
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Zainab Mahmoud
Any updates?? Did you get your decision yet?? The waiting is THE WORST part of the whole horrible process!
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Tyrone Johnson
•Still waiting! It's been 14 days now. I did get confirmation that my certified letter was delivered to HR yesterday, so at least that process is moving forward. The anxiety is killing me though!
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