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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27881
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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We are a small business. Seven employees. We just had an employee

Customer Question

We are a small business. Seven employees. We just had an employee inform us that she wants a month off because her free babysitter will not be available. What are our obligations, do we have to allow this? Also, if we say OK can she receive unemployment benefits?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  LawTalk replied 10 months ago.

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

 

Customer: replied 10 months ago.

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.

Expert:  LawTalk replied 10 months ago.

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

LawTalk, Attorney
Satisfied Customers: 27881
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 10 months ago.

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.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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