unemployment issue

[stacynyc]

I'm a supervisor in the dental clinic. One of our employees had a stroke about a month ago. She only worked once a week in our office and was employed full time somewhere else. She was a good worker and everybody really liked her. When she was in the hospital we all went to visit her. She told us she would go on disability for couple of months and then would come back to work. So we hired a temp for couple of months so that when she would feel better she would come back to work.
Today I received a letter from department of labor saying that she applied for the unemployment and our office was named in the case.
When I called her she said she had to go on unemployment because disability only paid $150 /month. She said that her other employer whom she worked for full time said it was ok for her to go on unemployment. She also said that she needed money.
Are we responsible for any payments to her? We didn't fire her. We're waiting for her to come back. Plus she only worked for us on Wed.
Thank you in advance

 

[cbg]

It's quite unlikely that the state will hold you responsible for her unemployment. In fact, since unemployment is not intended to supplement disability pay, it is unlikely that she will be approved for unemployment at all, regardless of what the other employer said. Neither you nor the other employer can approve or deny benefits; only the state can do that.

In most if not all states, she will not be able to collect unemployment as long as she is not medically cleared to work. She is not eligible unless she is able to work, actively looking for work and available to accept work if offered.

However, as said above, the final decision will rest with the state, both to whether or not she qualifies and if so, whether your account will be charged.

 

[stacynyc]

Thank you. I appreciate your help.

 

[stacynyc]

The employee discussed in the above case was receiving disability for 3.5 months. Now she is off the disability and is medically clear. The department of labor called and asked whether she could come back to work.
The temp whom we hired to replace her for 3 months just started working for us permanently since we didn't know how long it would take her to recover from stroke.
Are we obligated to take her back?

 

[cbg]

No, you're not. Even if she qualified for FMLA, which is doubtful if she only worked one day a week, she was out longer than the statute provides for. But if you don't, you may come in for a share of her unemployment benefits (which she will now be eligible for). I don't know, in your state, whether a part time employer is charged when there is a full time employer as well. (You will only come in for a portion of the claim even if you are - the full time employer will pay the lion's share.) The UI office should be able to tell you what, if any, responsibility for her UI you will face.