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Possible Unemployment Claim?

Sarah QSarah Q 7 Posts
in HR & Employment Law Vote Up0Vote Down
I have a real dilemma! I have an employee in CA who is refusing to come back to work because his demestic partner has some non threatening medical issues of an undetermined origin. Essentially he has a catheter inserted and my employee is not comfortable leaving him on his own. We are a retail employer and this employee is instrumental in the visual look of one our locations. We NEED to have this position filled, if he refuses to return and we replace him, willl he be eligible for unemployment?
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  • 8 Comments sorted by Votes Date Added
  • NaeNae55NaeNae55 3,243 Posts
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    Is this employee eligible for FMLA or a state equivalent? Does he have other leave available to him?
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  • cnghrcnghr 719 Posts
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    [quote=NaeNae55;717822]Is this employee eligible for FMLA or a state equivalent? Does he have other leave available to him?[/quote]

    Does FMLA apply to domestic partners?
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  • Sarah QSarah Q 7 Posts
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    No, we do not have enough employees in CA to qualify for FMLA. Besides, CA does not allow FMLA for domestic partners. He has already used all of his vacation.
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  • Paul in Cannon BeachPaul in Cannon Beach 4,703 Posts
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    My guess is that it would go to a hearing. All bets are off at that point. We are talking about California.
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  • sonnysonny 2,117 Posts
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    Agree with Paul. . roll of the dice whether you are in CA or not.

    Edit: On second thought. . how long has he been off? and what is he asking of you?
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  • ACU FrankACU Frank 2,188 Posts
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    If unemployment is the only place this termination will ding you, then it's a good deal... Take it.
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  • Brad ForristerBrad Forrister 297 Posts
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    California's CFRA (California Family Rights Act) does include leave to care for a registered domestic partner's serious medical condition. But it sounds like your organization is too small for CFRA to apply.
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  • Sharon McKnight SPHRSharon McKnight SPHR 737 Posts
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    Have you talked to him to get an idea of when he would be willing and able to return to work? If he only needs a short period of time off and he is key to the success of your company, then maybe you could grant him an unpaid leave for that time period. If you head down this path, I'd make sure the terms of the leave, including the return date, are spelled out in writing. A letter to him confirming your conversation should do the trick. Just be sure to give him a deadline for letting you know if he is in agreement.

    If the employee is not entitled to any sort of leave benefit such as as FMLA or CFRA and has no company sponsored leave available to him such as vacation, sick time or unpaid leave and he refuses to return to work then he has, in effect, abandoned his job. In that situation, I would terminate his employment. I would not worry about whether he would be entitled to unemployment insurance. However, before I took that step, I would look at previous situations with employees in your company to make sure a precedent had not been set that would lead this employee to believe that what he is doing by refusing to come to work is ok.

    One last thing. California employment law is tricky, so I suggest you contact a qualified employment law attorney before you take action. But, do it quickly so this situation doesn't drag out too much longer.

    Sharon
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