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Has your employer been accommodating with your medical appointments at all? if they havent been working with you on your schedule after you provided doctors notes, you might have an ADA complaint too. my sister got unemployment after quitting because her boss refused reasonable accommodations for her medical condition
They were somewhat accommodating at first, but became less flexible over time. They never explicitly denied my requests for time off for appointments, but they did start counting them against my attendance points after a certain point. I never formally requested ADA accommodations though - I didn't even think about that being an option.
After reading through this entire thread, I think you have a reasonable case for benefits regardless of whether you quit or are terminated, BUT you need to be strategic in how you navigate this. Here's my comprehensive advice: 1. If you decide to resign, make it explicitly clear in writing that you are resigning due to medical necessity, not to avoid termination. Provide copies of medical documentation with your resignation. 2. When filing with ESD, focus on the medical reasons, not the attendance issues. The attendance problems were a symptom of the underlying medical needs, not misconduct. 3. Be prepared for adjudication - almost all voluntary quits go through this process. During adjudication, provide all documentation showing: - Medical necessity (doctor's notes) - Any attempts to work with your employer on accommodations - The timeline of events including your return from maternity leave - Any evidence that your employer was unwilling to accommodate medical needs 4. Consider also exploring PFML as others have suggested, especially if your or your child's medical issues are ongoing. 5. If denied initially (which happens frequently), immediately appeal and request a hearing where you can present your full documentation. Your situation involves several overlapping areas: maternity leave protections, medical necessity, and potentially ADA considerations. With proper documentation and clear explanation of the medical basis for separation, you have a reasonable path to benefits.
Thank you so much for this detailed advice. I'm going to follow your suggestions and make sure I emphasize the medical necessity in my resignation letter if I go that route. I'll also look into PFML as an alternative. I really appreciate everyone's help - this has been incredibly stressful and all your insights have given me a much clearer understanding of my options.
dont forget they take taxes out if u selected that option when u filed! my backdate amount was way less than i expected
Just a quick tip for the future - once you're established in the system, payments usually follow a very consistent schedule. Mine always shows as paid on Tuesdays and hits my account on Wednesdays around 9am. The predictability helps a lot with budgeting. I hope you see your payment soon!
my cousin works at esd and he said they r really backed up right now so even if u report it they might not even look at it for weeks lol
Keisha Taylor
Also, make sure you understand how ESD calculates deductions for part-time work. Many people don't realize you can work part-time and still get partial benefits. For every $3 you earn, your weekly benefit amount is reduced by about $1 (after the first $50 which doesn't count against you). So you might not owe back the full amount of benefits you received during those weeks. When you talk to ESD, ask them to explain exactly how they're calculating the overpayment amount.
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CyberSiren
•I had no idea about this partial benefit calculation. So it's possible I might not have to pay back the entire amount for weeks I worked? That's really helpful information, thank you!
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Zainab Yusuf
For future reference (for yourself and others reading this thread), here's how income reporting works with ESD: You must report ANY earnings during the week you earned them, not when you get paid. Even if it's just a few hours or a single gig job. Then ESD applies their formula to determine if you still qualify for partial benefits. This is one of the most common mistakes people make with unemployment claims.
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CyberSiren
•Thank you for explaining this. I definitely misunderstood how it worked. I'll make sure I have the dates I actually worked (not just when I got paid) when I call to report the overpayment.
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