Left Work Due to Health Condition? Get your NC Unemployment Benefits
If you left work because of a temporary health condition, you may still qualify for Unemployment Benefits in North Carolina. The North Carolina Employment Security Commission provides that a worker who leaves work, either by being fired or by quitting, due to a temporary health condition that prevents him from working can still qualify for benefits.
N.C.G.S. §96-14(1)a and N.C.G.S. §96-14(1)b provides:
Where an individual is discharged or leaves work due solely to a disability incurred or other health condition, whether or not related to the work, he shall not be disqualified for benefits if the individual shows:
a. That, at the time of leaving, an adequate disability or health condition of the employee, of a minor child who is in the legally recognized custody of the individual, of an aged or disabled parent of the individual, or of a disabled member of the individual’s immediate family, either medically diagnosed or otherwise shown by competent evidence, existed to justify the leaving; and
b. That, at a reasonable time prior to leaving, the individual gave the employer notice of the disability or health condition.
Essentially, if you have left work due to a temporary health condition that you, your immediate family or one of your parents are suffering from and you notify your employer as soon as possible of the health condition, you should qualify for benefits.
Also, the applicable law provides that these benefits shall be non-charging to your employer, meaning that you will receive your benefits and those benefits will not affect your former employer’s ESC rates.
Practically speaking, employees that leave work due to health or disability will often be denied benefits initially. Contact us to get help from experienced attorneys who can discuss your health wquit or termination with your former employer, explain the law, and hopefully get your employer to agree to a health separation stipulation in your matter prior to your ESC Appeals Hearing.