Can my son-in-law refuse day shift jobs due to childcare costs while on ESD benefits?

Yes, he can refuse work based on childcare issues, but he needs to document it carefully. Under ESD rules, 'good cause' for refusing suitable work includes situations where childcare costs would essentially consume most of the wages. He'll need to provide evidence of: 1) The actual job offers and their pay rates, 2) Documentation of childcare costs in your area, and 3) A clear calculation showing the financial hardship. \n\nHe should document every application for swing shift positions to show he's still actively looking for suitable work. Also important - he must continue reporting any job offers (including day shift ones) and explain the childcare reason for refusal on his weekly claim certification. If he ever has a fact-finding interview about refused work, he should be very clear and specific about the childcare situation.

Thank you for the thorough response! I'll pass this information to him. Should he proactively notify his claims specialist about his situation or just document it when/if he has to refuse a position? Also, is there a specific form for documenting childcare costs or will he need to collect daycare quotes on his own?

OMG I went through almost the EXACT same thing last year!!! My husband got laid off from his job at a warehouse and was getting unemployment. We have 3 kids and daycre would have been like $3000 a month for all of them?? Completely ridiculous. ESD almost disqualified him because he turned down a morning shift position but we FOUGHT IT and won. You HAVE to document EVERYTHING. Every single daycare you contact, get written quotes, save emails, etc. The system is totally broken for parents. Its like they want us to pay to work!!

Did you have to appeal a disqualification or were you able to resolve it before it got to that point? I'm in a similar situation but with just one child, and I'm terrified of getting cut off from benefits.

We had to appeal!!! It was such a headache. We had to do a phone hearing with a judge. Luckily we had saved all the daycare quotes and emails showing that the job he was offered would have actually COST us money after childcare. Definitely prepare for a fight because ESD doesn't make it easy!!

The official ESD guideline is that work may be considered 'not suitable' if accepting it would create 'undue hardship.' Financial hardship due to childcare costs definitely qualifies, but your son-in-law needs to approach this carefully. \n\nHe should:\n\n1. Document at least 3 childcare facilities' rates for 2 children of those ages\n2. Calculate take-home pay from potential day shift jobs\n3. Show that after childcare costs, he'd retain less than 60% of his unemployment benefit\n4. Continue making his 3 required job contacts weekly, focusing on swing shifts\n5. Be prepared to explain his situation if called for adjudication\n\nDon't have him just ignore day shift opportunities completely - he should apply, but if offered, he can refuse with documented good cause. Limiting searches solely to swing shift could trigger a search review.

This is really helpful, thank you for the specific percentages and steps. He's been doing his required job searches but has been anxious about what happens if he gets a day shift offer. We'll make sure he documents everything as you suggested.

my brother in law just went thru this in january. he refused a day shift job and got his benefits DENIED. had to go 6 weeks with NO money coming in while they did adjudication. total nightmare. don't trust that ESD will be reasonable about this, there system is broken. They kept saying he need to 'better organize his childcare' whatever that means when you cant afford it!!!

This isn't necessarily helpful advice. Each case is different, and what happened to your brother-in-law may have involved other factors. The law does provide protection for legitimate childcare hardships, but documentation and proper reporting is key.

maybe so but im just saying what actually happened. ESD doesn't always follow their own rules and they put the burden on you to fight it out. just warning them what might happen. better to prepare for the worst then be surprized

FYI the correct terminology to use with ESD for this situation is \

I work as an employment counselor, and I see this situation frequently. The official standard is that work can be considered unsuitable if the childcare costs would exceed 25% of the gross wages from the position. Your son-in-law should:\n\n1. Get written quotes from licensed childcare facilities\n2. Calculate the percentage of wages that would go to childcare\n3. Document EVERY job search activity meticulously\n4. Continue applying for all suitable positions, including some day shifts\n5. If he receives a day shift offer, he must report it on his weekly claim but can refuse with documented good cause\n\nHe should also reach out to WorkSource for assistance - they can provide documentation that he's actively seeking suitable work, which helps protect his claim.

Thank you for the specific percentage guideline - that's exactly what we needed to know! If childcare would be over 25% of gross wages (which it definitely would be), that establishes unsuitable work. He has a WorkSource appointment next week, so we'll make sure he discusses this situation with them.

Have you considered looking into assistance programs? When I was on unemployment, I qualified for Working Connections Child Care subsidy which dramatically reduced childcare costs. It's income-based, and unemployment income often qualifies. This might be a way for your son-in-law to accept a day position if a good opportunity comes up.

That's a great suggestion I hadn't thought of! I'll tell my daughter to look into that program. Do you know if there's typically a waiting list for those subsidies or if they're immediately available once approved?

In my experience there wasn't a waiting list, but it took about 3 weeks to process the application. The tricky part is finding a daycare that accepts the subsidy - not all do. But it can make a huge difference financially if you find one.

If your son-in-law is having trouble getting through to ESD to discuss this situation, I recently used a service called Claimyr that got me connected to an ESD agent in under 25 minutes after I'd been trying for weeks on my own. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. I was skeptical at first but it saved me so much frustration when I needed to explain my job search limitations to ESD. Much better than waiting for them to potentially disqualify him and then having to appeal.

I've never heard of that service before, but getting through to an actual person at ESD has been nearly impossible. I'll check out that video - getting clarification directly from ESD about his specific situation would definitely give us peace of mind. Thanks for the tip!

One important update for 2025: ESD now offers a

This is excellent advice. The Conditional Job Search status was rolled out last quarter and specifically addresses childcare, transportation, and medical limitations. It's much better than the old system where claimants had to defend their search limitations after the fact.

I don't see this option in his eServices account. Is this perhaps only available in certain counties or for certain types of claims? His claim is regular UI, not any special category.

It should be available statewide for all claim types. If he doesn't see it, it might be because his claim is already under some other special status. Have him call ESD directly to request the Conditional Job Search status - sometimes the online system lags behind what agents can do manually.