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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
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I'm a health care worker that does at home care with seniors

Customer Question

I'm a health care worker that does at home care with seniors in wa state. I'm currently working with lighter care client but am feeling the strain of work on my body along with my pregnancy issues. I'm 42 and having my first child, min health care insurance, an no shot term disability insurance. I would like to know my options or how to go about getting unemployment before getting to injured do to age or work? Not worried about getting my job back, they always need help. I'm worried about staying healthy and safe rather than pushing too hard at staying at work. When and how should I go about getting on unemployment? Who should determine when my job is too much stress or risk on my body?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Working independently at clients houses causes a risk for myself, my baby and the client. No one around to ask for help, like a hopspital or senior facility. I'm only 4.5 mths along and need to determine how much longer I need to work or can work?
Expert:  socrateaser replied 1 year ago.

Hello,

Under the new Washington Family Leave Insurance law, an employee who has worked 680 hour during the past 12 months for their employer is entitled to paid leave associated with caring for a new child. That's really the only substantive requirement.

Unemployment, on the other hand, requires that the claimant must be able and available for full time work. Consequently, you cannot quit work because of a disability, and receive unemployment benefits.

Note: Washington's new law took effect in October, and from what I can discern, not even the government completely understands what is lawful. There are reports from various nongovernmental sources claiming that if you are disabled due to pregnancy, you can start receiving family leave benefits. However, I find nothing in the actual law or state employment regulations to confirm these reports. Therefore, I suggest that you try to conform your circumstances to what is actually found in the law, which you can review for yourself at this link.

I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 1 year ago.
The original FLA was 12 weeks, unpaid, and that is why I didn't ask about that. So thank you on that point. But the law doesn't seem to start anything about assistance before birth do to not being able to perform your job duties. In the next few months I'm not going to be able to do lifts, fall risk assist, or other basic ADL's for my clients. Am I missing something in the law on this kind of assistance? And it doesn't state a qualified time period for the assistance? I'm a planner and need to know... So I guess the question is there assistance prebirth? Or do I just need to apply and hope for the best?
Expert:  socrateaser replied 1 year ago.

Your reading is the same as mine. Although the internet is flush with discussions from nongovernmental sources stating that a claimant can receive benefits before the child's birth, there is nothing in the law itself to confirm that interpretation. In my opinion, unless and until the unemployment office produces a fact sheet or other guidance stating that benefits are available prior to the child's birth, that you must assume that the does not, provide such benefits and plan your actions accordingly.

I hope this better clarifies my original answer. Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Do you need further clarification, or are we "good to go?"

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