How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7162
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I have been on a unpaid family leave for the past 8 weeks to

Customer Question

I have been on a unpaid family leave for the past 8 weeks to help my mother with her health issues. I will not be able to go back to my current managers full time position because of this. Can I file for unemployment?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question.

In order to be eligible for unemployment benefits, a claimant must (among other things) be out of work "through no fault of their own." Typically, this criteria is only satisfied if an employer actually terminates an employee. However, employees are eligible to collect UE benefits when they voluntarily leave their position in a very limited set of circumstances which may include to provide care for an ill family member.

The EDD will examine whether leaving work was absolutely necessary before it will award benefits. Specifically, the EDD states: "Generally, the claimant's presence must be necessary in order to care for the ill family member. The claimant may need to personally provide nursing care for the ill person, or the claimant's presence may be necessary in order to care for minor children belonging to the ill family member. For example, the claimant's mother may be critically ill and no one else is available to care for the claimant's younger brothers and sisters, or the normal household duties, such as cooking and cleaning, require the claimant's attention."

Further, the illness must typically be regarded as "critical." Specifically, Title 22, Section 1256-10, provides:

"(c) Compelling circumstances requiring the claimant's leaving of work and presence . . . include, but are not limited to, the following:

(1) The claimant knows or reasonably believes that a member of the claimant's family is seriously ill, physically or mentally, and there is no reasonable alternative to the claimant's presence, or a family member is in danger of death."

For more information from the EDD on this subject, visit this link:http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_155.htm
Scroll down the page about 20% for the relevant information.

For a more general overview of the eligibility requirements for UE benefits, visit this link:http://www.edd.ca.gov/unemployment/eligibility.htm

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.

Patrick, Esq., Lawyer
Satisfied Customers: 7162
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Patrick, Esq. replied 2 years ago.
Hi. Can you be more specific in regard to what was lacking in my answer? I am happy to provide whatever additional clarification is necessary.
Customer: replied 2 years ago.
If my company can not let me resume my current position at a part time schedule, can I file?
Expert:  Patrick, Esq. replied 2 years ago.
Typically, an employee does not have the right to demand a particular work schedule or a reduced work schedule. Accordingly, an employee who quits in response to an employer's refusal to permit a schedule modification typically will not be eligible to receive benefits on that ground alone.

That said, if the employee is requesting a reduced schedule to care for an ill family member, the reduced schedule is NECESSARY to provide such care and the family member's condition is sufficiently critical, he or she may still be able to quit and collect benefits pursuant to the law that I cited in my original response to you.

I sincerely hope that this clarifies. Please let me know if you require any additional clarification. Best regards.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    857
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3511
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.