UNEMPLOYMENT BENEFITS - QUITING WORK TO TAKE CARE OF ELDERLY FAMILY

The population ages and I receive many questions on this issue. A claimant who voluntarily separates from employment is disqualified if the separation is “without good cause.” But under Labor Law §593.1 (b)

"(b) A claimant shall not be disqualified from receiving benefits for separation from employment due to any compelling family reason.  For purposes of this paragraph, the term “compelling family reason” shall include, but not be limited to, separations related to any of the following:

......

(ii) the illness or disability of a member of the individual's immediate family.  For the purposes of this subparagraph:

(A) The term “illness” means a verified illness which necessitates the care of the ill person for a period of time longer than the employer is willing to grant leave (paid or otherwise).

(B) The term “disability” means a verified disability which necessitates the care of the disabled person for a period of time longer than the employer is willing to grant leave (paid or otherwise).  “Disability” encompasses all types of disability, including:  (1) mental and physical disability;  (2) permanent and temporary disabilities;  and (3) partial and total disabilities."

And according to a DOL manual:

"Practice Tip:

In cases where a claimant quit in order to provide care for an ill family member, the following must be determined:

• Whether such care was medically required or whether the claimant simply felt an obligation to provide such care (for example, a claimant who quits to assist an elderly parent);

• Whether the care was long-term or short-term, and in the latter instance, whether the claimant could have obtained a leave of absence; and

• Whether there was anyone else who could provide the care, other than the claimant.

The claimant can accomplish this through presentation of medical documentation or credible testimony from a medical professional regarding the family member’s condition. Other family members or the ill family member may also provide testimony. If it is found that it was necessary for the claimant to provide this care, an issue of availability may be present. The judge may refer the matter back to the Department of Labor for investigation and consideration of this issue."