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Request leave then forced to resign

Discussion in 'Medical Leave & Disability' started by Girls_Momma, Sep 18, 2019.

  1. Girls_Momma

    Girls_Momma Law Topic Starter New Member

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    Jurisdiction:
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    I requested maternity leave being that I will be having my daughter in 5 weeks and I need to rest my body and prepare for her arrival I turned in a letter from my doctor but was denied leave.I was told to return back to work from hr . After I told them I could not they forced me to submit a resignation letter. Am I able to get unemployment?
     
  2. mightymoose

    mightymoose Moderator

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    How exactly were you forced to resign? Submitting such a letter makes it pretty easy to show you quit willingly. You will have to explain more details to assess this.
     
  3. army judge

    army judge Super Moderator

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    https://www2.illinois.gov/DHR/publications/documents/pregnancy_fact_sheet-eng-14.pdf


    Unemployment Benefits
    Collecting unemployment benefits in Illinois is a poor substitute for paid maternity leave. Most new fathers and mothers will not qualify. However, there are rare circumstances when parents are eligible to file a claim – often after a long wait.

    These basic parameters apply to everyone.

    Employer is subject to the unemployment requirement
    Entirely out of work or working less than full-time
    Able and available to work
    Actively seeking work and willing to accept suitable work
    Quit your job with good cause or terminated through no fault of your own
    Pregnant women laid off from work through no fault of her own are often eligible immediately. They can file a claim immediately while she is still physically able and available to work.

    Mothers and fathers who quit their job with good cause must wait until they are physically able and/or available to return to work. Illinois unemployment law defines voluntarily leaving for a good cause in a manner that fits many parental situations.

    A licensed and practicing physician deems her physically unable to perform her work. This occurs frequently during a pregnancy disability, and after normal labor and delivery.
    The individual’s assistance is necessary for caring for his or her spouse, or child, who is in poor physical or mental health. This occurs when dad needs to care for his wife suffering complications before birth, or when their baby requires care after discharge from a NICU.

    Illinois Paid Maternity & Family Leave Benefits
    This section answers the question, how much money do we get? Illinois has one law requiring paid maternity, paternity, and adoption leave. However, the policy does not apply to people working in the private sector.

    Most new parents will discover that their time away from work will be unpaid. Most will have to cut expenses or find an alternative to government or employer-sponsored income replacement.

    Most new parents in Illinois do not have paid maternity leave benefits. Families without adequate savings may need financial help making ends meet during the time mom and/or dad stop working. Limited private and public options do exist.

    You cannot file for unemployment benefits while on maternity leave. ... If you are unable to work because you are pregnant, you may be covered by disability insurance instead of unemployment benefits.
     
    Girls_Momma likes this.

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