California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Good evening Gayle, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. While you may allow the employee to take the time off if you wish, you are under no legal obligation to do so. Not having an affordable baby sitter is not a valid excuse for missing work---at least under CA law. And if she cannot work because she must watch her child, she will not qualify for unemployment benefits during that time either---for several reasons. One, she is taking time off of her own choosing, she is not being laid off, and second, if she is not prepared to look for a position full time and take a full time position is one is offered to her, she does not qualify for unemployment benefits either. She will definitely not qualify for unemployment benefits. Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. If you have additional questions, you may reply back to me using the Reply to Expert link and I will be happy to assist you further until your questions have been answered to your satisfaction. I wish you the best in your future. Doug
Thank you so much for your answer. Knowing this employee, she will probably insist on having the time off. If we tell her she must quit if she wants the time off and she does, will she be able to collect unemployment if she asks for her job back a month later.
The reason we are so concerned is that her sister received unemployment while working for us. I am still dealing with EDD on that claim. She basically did the same thing. Asked for time off and then went directly to EDD and filed for unemployment.
Hi Gayle, You asked: Thank you so much for your answer. Knowing this employee, she will probably insist on having the time off. If we tell her she must quit if she wants the time off and she does, will she be able to collect unemployment if she asks for her job back a month later. If she takes the time off without permission, she may either quit, or you may terminate her for cause. In neither of those situations would she qualify for unemployment benefits. The reason we are so concerned is that her sister received unemployment while working for us. I am still dealing with EDD on that claim. She basically did the same thing. Asked for time off and then went directly to EDD and filed for unemployment. The sister had to lie to EDD to get benefits---because you cannot get benefit just because you want to take time off. You must be laid off, be terminated through no fault of your own, or have your hours cut by the employer, significantly, in order to get benefits. No one may simply demand not to work, and then make a claim for benefits. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013, Doug
Thank you for your positive rating of my service, Gayle. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have, or simply ask for me by name in the first sentence of your new question:http://www.justanswer.com/law/expert-lawtalk/Thanks again.DougWhen you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).