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UE eligibility -Taking time off when job is soon to be eliminated?

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Ce2015

Member
What is the name of your state (only U.S. law)? NY

Thank you for the previous replies.

I've started a new post so my previous title doesn't confuse the question.

Summary: I will be terminated soon.
My employer has not told me.
My boss in the hiring process for someone else in my role.
The role will be restructured.
- My boss's boss has been acting in retaliation over the coarse of this year (not for age, race, discrimination, etc.) for my reporting information to HR.

I don't know if my employer is planning to lay me off or if they are waiting for me to make a mistake and fire me…Or if they are hoping I will quit.
I manage legal information and contracts, so I assume they need me to fill this role until someone else is hired.

Since my last post, I have had two close relatives (one parent) in the hospital and have been dealing with some issues after being assaulted on the street and then going through the criminal investigation a few weeks ago.

All the while, I have gone to work understanding that I will be losing my job -Not if, but When - and I have dealt with these issues without giving any indication that I am affected by anything in my personal life. I do not mention my personal life in the workplace. I do the work I was hired to do, plus more. (Meaning in light of knowing I will terminated I am still working to the best that I can).

I read in another thread that it is a bad idea to quit in lieu of termination, but I need to visit my family at some point soon.
I would like to take an extended weekend (this weekend) out of the city.
My employment package came without benefits, so I don't have time-off days. Can I safely take a few personal days as needed? Will this pose risk to unemployment eligibility if I call in a couple of personal days?

...I have been looking for other jobs with all of my free time, but I will need Unemployment if nothing is lined up.
 


What is the name of your state (only U.S. law)? NY

Thank you for the previous replies.

I've started a new post so my previous title doesn't confuse the question.

Summary: I will be terminated soon.
My employer has not told me.
My boss in the hiring process for someone else in my role.
The role will be restructured.
- My boss's boss has been acting in retaliation over the coarse of this year (not for age, race, discrimination, etc.) for my reporting information to HR.

I don't know if my employer is planning to lay me off or if they are waiting for me to make a mistake and fire me…Or if they are hoping I will quit.
I manage legal information and contracts, so I assume they need me to fill this role until someone else is hired.

Since my last post, I have had two close relatives (one parent) in the hospital and have been dealing with some issues after being assaulted on the street and then going through the criminal investigation a few weeks ago.

All the while, I have gone to work understanding that I will be losing my job -Not if, but When - and I have dealt with these issues without giving any indication that I am affected by anything in my personal life. I do not mention my personal life in the workplace. I do the work I was hired to do, plus more. (Meaning in light of knowing I will terminated I am still working to the best that I can).

I read in another thread that it is a bad idea to quit in lieu of termination, but I need to visit my family at some point soon.
I would like to take an extended weekend (this weekend) out of the city.
My employment package came without benefits, so I don't have time-off days. Can I safely take a few personal days as needed? Will this pose risk to unemployment eligibility if I call in a couple of personal days?

...I have been looking for other jobs with all of my free time, but I will need Unemployment if nothing is lined up.


Yes it will pose a risk! As precisely pointed out to you Having no time off days, and you not showing up for work for any reason your employer could and probably would be happy to see it as job abandonment, thereby disqualifying you from receiving UI
 
Last edited:

cbg

I'm a Northern Girl
Short of FMLA, there is NEVER a time when taking a few days off comes with no risk.
 

cbg

I'm a Northern Girl
While it's possible that FMLA may apply, there are a few things to be considered.

1.) She wants to take time off this weekend. Today is Thursday. Short of an emergency, FMLA's not going to be approved by tomorrow, and this is not an emergency.

2.) The FMLA statute requires 30 days notice when possible. As an HR person, I'd have considered a immediate FMLA request when a parent was first hospitalized, and likewise when the parent is first released. But I'm not sure I'd have approved a no-notice request now. (This assumes the parent is still hospitalized and is not being released this weekend.)

3.) Unless the non-parent relative is the OP's child, FMLA will not apply there.

4.) FMLA applies when the employee is needed to provide care for the qualifying dependent. It's not for a visit because the employee is feeling overwhelmed.

5.) FMLA is not going to provide any permanent job protection. It might, if handled properly, allow her to take a couple days off later this month without being fired for it, but it is not going to stop the eventual termination.
 

Ce2015

Member
Just wanted to reply back that in the past I was able to take time off with approval from management. I never had an onboarding session to discuss benefits at hire, but when I asked HR later on about days off thy said it wAs up to my manager how much time I could take. My original manager before approved my time off. I just don't know how I can ask and make sure I have record that they have approved this.
I don't know if it's a risk even asking.

While it's possible that FMLA may apply, there are a few things to be considered.

1.) She wants to take time off this weekend. Today is Thursday. Short of an emergency, FMLA's not going to be approved by tomorrow, and this is not an emergency.

2.) The FMLA statute requires 30 days notice when possible. As an HR person, I'd have considered a immediate FMLA request when a parent was first hospitalized, and likewise when the parent is first released. But I'm not sure I'd have approved a no-notice request now. (This assumes the parent is still hospitalized and is not being released this weekend.)

3.) Unless the non-parent relative is the OP's child, FMLA will not apply there.

4.) FMLA applies when the employee is needed to provide care for the qualifying dependent. It's not for a visit because the employee is feeling overwhelmed.

5.) FMLA is not going to provide any permanent job protection. It might, if handled properly, allow her to take a couple days off later this month without being fired for it, but it is not going to stop the eventual termination.
 

eerelations

Senior Member
Ce2015;3352512 I just don't know how I can ask and make sure I have record that they have approved this.[/QUOTE said:
Email your manager and ask if you can have the time off. If your manager approves, he/she will likely do so by return email. Forward a copy of that approval email to your personal email account and leave it there. Keep the original approval email in your work email account.
 

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