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Accommodations offer cuts unemployment claim

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in Compensation and Benefits,Human Resources

Employees who quit for medically related reasons can sometimes collect unemployment compensation if they are still ready and able to work elsewhere. However, to claim that medical reasons required resigning, employees have to prove the employer knew about but didn’t accommodate their medical problems.

Recent case: Crystal Nelson, who worked at a correctional institution, took FMLA leave for stress and anxiety she claimed was caused by working around prisoners. She applied for unemployment compensation.

Her former employer opposed the benefits because it never got a chance to offer her additional leave or some other reasonable accommodation. That was enough to make her ineligible for benefits. (Nelson v. Unemployment Compensation Board of Review, No. 365 CD 2011, Commonwealth Court, 2011)

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