Fired for exceeding WA FMLA days - UI claims denied but no appeal option showing

Hmm thats weird that ur not seeing an appeal option. When I got denied last year there was definitely an appeal button right on the decision letter page in eServices. Did you look under 'Letters' in your account? Sometimes the appeal options dont show up on the main dashboard.

You need to wait for the official determination letter before you can appeal. The denials you're seeing are just temporary payment status indicators. ESD must first investigate your separation reason (termination) before making an official determination. Since you were fired for attendance issues, they'll need to determine if it was misconduct. Here's what you need to know: 1. FMLA-protected absences cannot legally be counted against you 2. The extra day beyond your FMLA accommodation is what's in question 3. When you receive the determination letter (usually within 3-4 weeks after filing), it will explain how to appeal 4. Appeals must be filed within 30 days of the determination date 5. For your appeal, you'll need documentation showing your FMLA approval and medical documentation supporting why you needed the extra day Based on what you've shared, you may have a good case if you can prove the additional absence was for the same medical condition.

Wait they cant fire u for 1 day over ur FMLA!!! thats like super illegal!! my cousin went thru this exact thing with her job at the hospital and she sued them and got her job back plus $$. u should talk to a lawyer not just worry about UI

I work with unemployment cases regularly, and there's an important distinction here. WA FMLA (Paid Family & Medical Leave) is different from federal FMLA and from an ADA accommodation. Based on what you described, it sounds like you had an accommodation under ADA for your condition that permitted 3 absences monthly. For unemployment purposes, here's what matters: 1. Were you physically able to work on that 4th day but chose not to? Or was it medically necessary? 2. Did you follow your employer's call-out procedures for that 4th day? 3. Did you attempt to get the accommodation modified when you realized your condition required more time? ESD will consider whether your actions constitute misconduct. In Washington, misconduct generally means willful disregard of your employer's interests. If your absence was due to the same medical condition and was unavoidable, you have a strong case on appeal that this wasn't misconduct.

THE SYSTEM IS RIGGED!! I had almost the exact same situation last year. Got approved for 5 sick days per month for my disability, used 6 days one month because I was literally in the hospital, and my company fired me. ESD denied me because they said I "violated company policy" which was "misconduct" even though it was for a legitimate medical reason!!! Took me FOUR MONTHS of appeals to finally win my case and get backpay. The system is designed to deny people first and make them fight for what they deserve. It's disgusting.

Try using Claimyr to get through to a real ESD agent! I was in the same boat last month with the endless phone tree and no way to reach anyone. A friend told me about claimyr.com and they got me connected to an actual ESD rep in about 20 minutes instead of waiting for days. There's a demo video at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. The agent I reached was able to explain exactly why my claim was on hold and what I needed to do to fix it. Way better than the anxiety of waiting for a letter!

i just went thru the appeal process last month. the determination letter comes in the mail not in ur eservices account. u have 30 days from the date on the letter to file an appeal, not from when u receive it, so check ur mail carefully. my letter took almost 3 weeks to arrive after my claim was denied. good luck!

One more thing to consider: while you're waiting for the determination and possible appeal, you should continue filing your weekly claims without interruption. If you eventually win your appeal, you'll only get paid for weeks you properly certified. Even if the system shows them as 'denied' now, keep filing them. If you win your appeal, all those weeks will be paid retroactively.

btw did u answer YES to the question about being fired when u first filed your claim? sometimes people say no to that question thinking it helps them but it actually causes problems later when ESD finds out from ur employer. just wondering if that could be part of why ur claims r denied