Legal Question in Employment Law in Tennessee
Denied unemployment
I was put in FMLA due to complications with my pregnancy. I delivered 7 weeks early. My child was in NICU for 3wks. was only 4pd 1oz when released with specific instructions on his care. One of these was ''no socializing'' outside the home because of premature imune system. When my FMLA ended, my child had only been home 3wks and was 5pd 5oz.I requested an additional 4wks (difference of FMLA and the allowable 4mo maternity leave)to allow my child to ''mature'' in health. My director denied me the leave. Because of the health risk to child I felt I had no other choice but to resign. I filed for unemployment and was denied,stating ''I left employment to meet my personal needs, and not because the employer did something or failed to do something.''
I left employment because employer failed to grant additional time due me and needed. I am filing another appeal. Should my employer have granted me the additional time?
1 Answer from Attorneys
Re: Denied unemployment
As a matter of law, your employer was probably under no obligation to grant you the extended leave. However, it may have been if it has granted male employees leave beyond their FMLA time. To do otherwise would be a form of gender discrimination.
With regard to your drawing unemployment compensation, you need to show what your employer's policy was and that it permitted you to have the additional leave. The failure to grant you the leave the policy permits should allow you to draw unemployment compensation.
If you have additional questions, or would like to further consult on the issue of possible gender discrimination, please do not hesitate to contact us at [email protected]
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