No work availability, no unemployment comp — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

No work availability, no unemployment comp

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Q. I have an employee who hurt her neck, went to the doctor and never came back. However she has been in contact with me and keeps me updated. She has been out for three months, and had surgery a couple weeks after her injury. She told me she would not be returning for a few more weeks. In the meantime I received an unemployment claim form from her. We denied it because we did not let her go. Do any Pennsylvania laws state she can collect unemployment?

A.  To be eligible to collect unemployment compensation in Pennsylvania, the employee must be able to work and must be out of work either because of an action by the employer or because the employee quit for compelling and necessitous reasons. Based on the facts you outline, this employee probably isn’t eligible. She is out of her own accord, and she is not able to work.

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