Appeal after leaving job for lack of childcare?

[u/Methadone_Martyr]

I recently was denied after 7 weeks of claiming, as of today 5/30, and I just now submitted to appeal. I had to leave my job because my disabled child turned 12 and was no longer eligible for daycare before and after school. My job was a 7am to 330pm warehouse job with a mandatory schedule for everyone. I am still in the process of finding a caregiver. I was allowed to work a temporary modified schedule, but was constantly told I was affecting production and this could only be temporary. After several months of this, I’d had to miss a lot of work because my daughter was ill, and I foolishly felt bad because I knew they needed someone to cover my production so I quit, as I had to get my child to 5 appointments in the coming week.

I was denied because I “didn’t promptly inform my employer” (I texted them the day I resigned telling them, which they agreed when contacted)

And because I “didn’t take steps to try to keep my job” (I worked a modified schedule for 3 months while trying to figure out a caregiver and keep the job) though I didn’t give a notice, as I would’ve been unable to work it anyway.

I’m assuming I have no chance, but I did appeal. I know I made big mistakes, but if there’s anything to salvage my appeal I’d be grateful to know what I could say or what language they are looking for, as it seems to be a matter of semantics with this whole thing..

[u/sandmanrdv]

No, it is not a matter of semantics unfortunately. Do you have any documentation if you applying for FMLA or Washington state Paid Family and Medical Leave Act? Or, if you did not qualify for either of those job protected leave programs, an unpaid leave of absence? In order to prevail in a scenario like yours, the claimant carries 100% of the burden of proof to show they took all reasonable steps to maintain the employment relationship before quitting.

Hypothetically, even if you were to prevail on the voluntary quit separation, there would be a second adjudication to determine whether or not you are able and available for work.

Not sure if other parent is in the picture and if so, what their work schedule looks like, but it sounds like you would need a 2nd or 3rd shift job in order to work around the childcare issue.

[u/Methadone_Martyr → u/sandmanrdv]

Yes, I did use the PFMLA but it ran out. I asked about regular FMLA but for whatever reason they told me they could only do this temporary accommodation of my schedule… my child does not have another parent active in their life, but I do have a relative who is willing to stay overnight with her while she sleeps so I can work a third shift. They work during the day so they couldn’t help me with my former job. Since I am a warehouse worker, those jobs are available and I submitted proof of interview/conditional offer for an overnight position at Amazon, I don’t know how else to prove that availability. Would my PFMLA documentation help? It ran out in February, I had to separate from the job in march.

[u/Methadone_Martyr → u/sandmanrdv]

Also, an unpaid leave of absence was discussed, but with it being an unknown length of time about getting a private caregiver, and summer approaching, it wouldn’t have helped. Once school ends, I would not have even been able to work even a modified schedule, as my child would be home 24/7 with school let out in mid-June. I suppose I should have just done that even if I knew I probably wouldn’t find care in that time, but at that moment I wasn’t thinking clearly and didn’t understand how this would turn out

[u/sandmanrdv → u/Methadone_Martyr]

You have due process appeal rights here. Like I said, you will need to demonstrate that you took all reasonable measures to keep your job. Be prepared to be asked by the hearing officer what prevented you from finding child care arrangements in the 12 weeks you had under PFMLA plus another 12 weeks on a modified work schedule (6-months in total).

The FMLA ran concurrent with PFMLA is likely why there was no additional job protected leave available to you, paid or unpaid. The employer could have terminated you upon exhausting job protected leave, but they went the extra mile and tried to work with you for another 3-months.

[u/Methadone_Martyr → u/sandmanrdv]

The process of getting the state to pay for a caregiver through the DDA is long and there are backlogs and we had 2 case workers that quit, it’s not an easy or quick process unfortunately. They did work with me for a long time, and I appreciated that. It’s actually been a year-long process of trying to get this care provided, since I knew she was aging out of daycare. I suppose I could pull up the paperwork I’ve received from them to prove I’ve had this application in for a long time? I know my appeal will likely be denied, but maybe they will see I really did try and it didn’t work. Thank you for your insight