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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32325
Experience:  Employment Law Expert
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I am currently on maternity leave and just found out I will

Customer Question

I am currently on maternity leave and just found out I will not have day care available until Sept 8. My FMLA is up on aug 12 and my company stated my job is not guaranteed past Au 12. Should I file for unemployment?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

You can apply but it's going to be extremely difficult to get it since you have a job waiting for you and the unemployment office is almost certainly going to consider it as quitting as opposed to being terminated.

I've never seen them make an exception based on an inability to find child care. What I would suggest if you want try that is to contact as many child care agencies as you can, get the numbers and names of who you spoke with, so you can support the fact that you were unable to find alternative care and had no choice.

Customer: replied 1 year ago.
When do they have to let me know if my job will be available? I asked for a 3 week extension and offered to cover cobra while out on extension. I am also not being compensated while on FMLA leave. My day care coverage I had is no longer available but she goes full time on September 8th.
Expert:  Dwayne B. replied 1 year ago.

They have no requirements at all past the FMLA date where the 12 weeks expire. They can tell you that day or any time after that.

Customer: replied 1 year ago.
I had child care but lost it and now I can't her until sept 8 so there is nothing much I can do..
Expert:  Dwayne B. replied 1 year ago.

You might look around some more, there may be other alternatives for a few weeks including some government options but it all depends on your area.

What state are you in?