r/UnemploymentWA • u/madamemedusa_ • Feb 15 '21
Discussion What happens if you say “No” on work availability?
Generally speaking, what happens if one week you select “No” on “were you physically able to work/available for work each day?” (Say for example you had to travel, were ill, or just had a unique situation where you don’t qualify for a certain week)
Do they suspend benefits for that one week or will they end your benefits altogether? Can you say No one week, and then resume saying Yes the week after?
Would appreciate responses from anyone who has personal experiences! Thanks.
5
u/Arfie807 Feb 15 '21
Curious about this as well! I'm having a baby in a few months. Still applying to work and remaining "available" in good faith, but if we're being honest, there's a good chance I'll still be on unemployment through delivery. I'll probably need to say I was unavailable for the week I actually give birth. (Yes, I am applying to remote SAHM -friendly jobs, which incidentally, is the style of work I've been in for years anyway.)
2
u/madamemedusa_ Feb 15 '21
I know there’s the whole “benefit year” thing but the amount of weeks you have available is less, so in theory I feel like should should be able to say No some weeks but then resume when you need to, so long as it’s within that year? I have been searching all morning for a clear answer and haven’t found one, but I have read about incidents where people claimed while on vacation and were audited, so it would just be nice to know how to answer. Like what would happen if you got Covid while on unemployment? Obviously you would be unavailable for work but they wouldn’t pull the plug on your benefits entirely right? Lol someone help
1
u/Arfie807 Feb 15 '21
That's what I thought! Like, I'm clearly not available in a week where I actually give birth, but what about postpartum? Like, if I were employed in pregnancy, I'd obviously just go on maternity leave or take unpaid leave or whatever for a few months. But nothing is technically stopping me from sending out apps, networking on LinkedIn, etc in those first weeks/months with the baby. Starting a new full-time job right after having a baby would be rough, but it's an option that I technically am available for!
1
u/ShotWater4225 Feb 20 '21
I wasn’t audited idk, was on vacation and still said yes to be able to work. Couldn’t be home and plus was laid off so till this day I have no problems I guess
2
u/SoThenIThought_ Admin for WEBA.Law, WA Unemployment Benefits Feb 15 '21
I'm having a baby in a few months.
Apply for PFMLA / FMLA
1
u/Arfie807 Feb 15 '21
Thanks! I already looked into that, and in their eligibility quiz, it seems that I would be disqualified for having to answer "No" to the question "Do you work in Washington State?" even though that last time I was employed was in WA. I'm not sure this can pick up from UI in my situation, since I now live in a different state.
1
u/SoThenIThought_ Admin for WEBA.Law, WA Unemployment Benefits Feb 15 '21
I'll be honest, I don't know that much about FMLA stuff, but my very limited understanding leads me to believe that it is like a parallel UI claim, but where there are no able and available responses required, so you would not be filing under a UI claim at all you'd be filing under a FMLA claim. But hey, you probably know more about it than me already
1
u/Arfie807 Feb 15 '21
Interesting! Any idea if those claims are processed via ESD, or do they have their own (hopefully more functional) system?
It may actually be possible that I'm eligible, but like ESD, it's nearly impossible to get through on the phone lines to an actual rep to discuss the nuances of my situation. I guess I can keep trying, but I've already been on hold for hours with them before my calls were just disconnected. :(
2
u/thisisahotjam Feb 15 '21 edited Feb 15 '21
“What if I’m receiving unemployment benefits — can I also get paid leave?
If you are now laid off or furloughed, and are experiencing a family or medical event, you can apply for both unemployment and Paid Family Medical Leave. But you cannot receive both benefits at the same time—you will need to take them one at a time. If you don’t have a social security number, you can only apply for Paid Family and Medical Leave.”
The PFMLA program is administered by ESD.
1
u/Arfie807 Feb 15 '21
Amazing answer! It seems as if there's no harm in applying. If I am denied for PFMLA, it seems as though I may still have access to unemployment, although I will have to actively seek work, remain "available" and be unable to continue benefits if I turn down an offer. And if I'm approved, then I can collect PFMLA and not worry about actively seeking work for that postpartum period (not sure how much it covers).
1
u/SoThenIThought_ Admin for WEBA.Law, WA Unemployment Benefits Feb 15 '21
it's nearly impossible to get through on the phone lines to an actual rep to discuss the nuances of my situation.
Applying is done on https://paidleave.wa.gov/, where they also have a very simple eligibility checker, this is not something for which you would need to call ESD to ask
Whatever state you are in also has a paid leave program
3
u/drossdragon Feb 16 '21
Any week that you consider yourself unavailable for work you can simply not file a weekly claim. It is often easier than going through the paperwork to prove you are Able and Available again. If you can afford to skip the weeks you would not get paid for anyway, just pick up claiming again when you're ready to go back into the workforce. You will likely have to reopen your claim, but that is relatively easy. ESD does not care if you are not available if you are not asking for UI that week.
1
u/madamemedusa_ Feb 16 '21
I actually didn’t know it was an option to skip a claim week - can you literally not take action to file one week and then just restart it after? I thought if you didn’t file every week they would assume you found work
1
1
u/dudicaldudeawesome Mar 02 '21
Can you confirm, that you've done that (not filed for a week, then restarted smoothly or without much of a hitch) -- and for which state (WA?) and for which type of unemployment (regular UI?), and which approximate dates? Trying to confirm, if there's direct relevant experience of this "working" well-- and not just a claim that "you can" do this
1
u/drossdragon Mar 02 '21
I have done this both on Washington and California unemployment in the before times. If your claim shows weeks ready to file, just skip the weeks you do not want to claim. ESD doesn’t really care about anything you are not asking them to pay for as long as you aren’t trying to commit fraud.
3
Feb 16 '21
I continued marking "available" when I had to cross the country for my covid-diagnosed grandma, bc I was on standby with my employer and knew they weren't calling me back anytime soon. If you say you're not available you'll be disqualified, for at least that week. It could set off an issue or adjudication which takes like 8+ weeks to even hear from. Honestly i would just say "available". If your boss called you in to work and you're sick/out of town you can probably explain that and work with them. Don't try working with ESD lol
1
Feb 16 '21
P.s. i said I was "unavailable for non-telecommute work", refused work, and got disqualified from my entire year I was paid. I am sure it'll clear up at my appeal hearing, but not sure I'll ever get any money ever again from them...
2
u/bikefishfood47 Feb 16 '21
If you want the absolute "right and clear answer", call ESD. We can give you our experiences, but honestly, only ESD can truly answer that question for you. Is it a pain to call them? Yes. Should you get the right answer? Hopefully. Just call them.
3
u/whidbeysounder Feb 15 '21
I believe it triggers a whole series of verifications where you have to prove you couldn’t work. Doctors notes etc.
1
u/notedcritic Feb 18 '21
I told them I was in the hospital for 24 hours one time and then 5 months later they said I was permanently unavailable for work and retroactively disqualified me from that date on
1
u/dudicaldudeawesome Mar 05 '21 edited Mar 05 '21
u/madamemedusa Can you keep us updated on what you did, and what happens? For my part, I went with the option of submitting the weekly claim and putting "No" on "Able and Available" and indicating out-of-town / vacation for 2 days in the subsequent (after hitting Submit on the weekly claim) questions they gave in the "Able and Available general" form that popped up right after. After waivering by first saving for some time (without submitting) my weekly claim form with things filled out that way, my hand was forced it seemed, when I noticed late Mon. night that this weekly claim under the Summary tab somehow had a status of "Processing - Web" -- despite my not having submitted it, only saved it. So it seemed that the system "grabbed" it anyway, with my "No" on "Able and available" answer. So I went ahead at around 4am Mon Night / Tues morning and hit submit on my weekly claim form. Then I did the extra-form questions right after. In all though, I regret going down this path; as of now (Thurs., 6:20 pm), my Weekly claim is still under "Processing - Web"-- I may be in a "freeze" / trap. In any case, even if I get through this without an adjudication or other disaster, and even if I end up getting deducted for only the days of the week I wasn't available on, I'm still inclined if a similar situation arises in the future to instead do the "do-not-submit-a-weekly-claim" strategy-- since on the extra-details form their message indicates I'm vulnerable (depending on what they "decide") to having my entire UI claim denied / all future payments cancelled, on account of putting "No" on "Able and Available." But I'd like to hear about, if you did the "do not submit the weekly claim" path, how that goes.
1
u/dudicaldudeawesome Mar 05 '21
Update on my end: as of now (Thurs. 7:30 pm) the Weekly claims summary has the last one's status changed from "Processing - Web" to "Pending" -- and the "online activity" tab has both that claim and the extra "Able and available" form under the "processed" column-- so hoping (with luck) things turn out well, without my falling into an adjudication trap or worse
1
u/dudicaldudeawesome Mar 05 '21
Update: as of Thurs. 9:30 pm, status under the summary tab for the weekly claim has been changed from "Pending" to "Processing." Clicking for details, shows a deduction from what's to be Paid for the days not available. So everything seems to be running smoothly now; Putting "No" on the AA question seems to have worked out o.k. for my current case -- (though I still don't like how doing so appears initially, based on the immediate message you get, to make you "vulnerable" to a total rest-of-benefits denial / adjudication, if you are unlucky; but at least in the current case that seems not to have happened)
1
u/planetvance Mar 07 '21
My wife answered No to this and said in the follow up questions that we were out of town visiting family. ESD paid her benefits the whole time we were gone. Then a month ago they came back and said they made a mistake and want the money back for the time we were out of town. We don't want to pay it back because we've already spent it paying bills and she answered honestly. It doesn't seem fair.
11
u/Anonymous_Bozo Feb 15 '21
I spent several days in the hospital back in July. I answered NO to that question, which resulted in another whole series of questions as to what days I was not available. The pro-rated my benefits based on the number of days I was out of commission.