What can I do or say at an unemployment hearing to prove I did not quit but went on maternity leave? I want to still receive my benefits?

I went on maternity leave due to heavy lifting that made me go into early labor.  When I was cleared by my dr to go back before my 12 week leave was up they wouldn’t return my calls.  I filed for unemployment and now receive it but now my old job is appealing the claim because they stated I quit.  I had a msg on my machine that they said I was going on maternity leave.  They also said that they called me and said I didn’t have to lift anymore and they did not.  I never said that I quit.  I said maternity leave and I even recieved my pto time on my last check.  If i quit I would not be entilted to that.  What can I do?

Asked on June 11, 2009 under Employment Labor Law, Pennsylvania


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to challege the employer's claim.  I suggest that you hire a lawyer to help you deal with the labor dept.  If you went on maternity leave that is not the equivolent of quitting.  Indeed, the work "leave" means that you intend on returning.  I do not understand how he employer thinks it is in the right here.  Again, i suggest having a lawyer represent you here to save your ability to collect unemployment while you look for a new job.

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