Sad but true: Sick employee may not get unemployment — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Sad but true: Sick employee may not get unemployment

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in Compensation and Benefits,Human Resources

When an employee who would other­­wise qualify for unemployment benefits can’t work because she’s too ill, she loses her eligibility.

Recent case: Ala quit her job be­­cause she had to undergo breast cancer treatment. Although she couldn’t work, her doctor cleared her to attend college classes. She applied for unemployment benefits on the grounds that she had had a compelling reason to leave her job and now felt she was ready for part-time em­­ployment. Essentially, she argued she should now begin receiving payments while looking for work.

The court concluded that while she might be well enough to take classes, she was not ready and able to work—a basic requirement for benefits.

In fact, she died a few weeks later. (K’Zorin v. California Unemployment In­­sur­­ance Appeals Board, No. B240269, Court of Appeal of Cali­­for­­nia, 2nd Appellate District, 2013)

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