Help Wanted: Grieving and leaving and jobless benefits

An employee who went on bereavement leave -- and never returned -- will likely not be eligible for unemployment benefits. Credit: iSTOCK
When the extension expired, the manager contacted the employee again to schedule his return. The employee said he wasn't sure if he was coming back. To our surprise, we later received a New York State Labor Department notice that he had applied for unemployment benefits. Can he claim benefits since he hasn't officially quit or wasn't let go? -- Mysterious Claim
Generally, the unemployment program provides benefits to individuals who have lost their job through no fault of their own.
"If their last job ended for a reason other than lack of work, they may not be eligible for benefits," the department said. "The circumstances will be investigated, and a determination of their eligibility will be made."
Employers are contacted as part of that process and have a right to dispute the claim, the department said.
Since the meeting is scheduled for 90 minutes, that is what we are expected to clock in for. But it doesn't pay for me to drive back and forth at that rate. Is there a minimum amount of time the company should pay me for? -- Meeting Minimum?
Your employer has to pay you for attending the meeting because the event doesn't meet all four of the federal labor law criteria used to determine if time spent at a meeting should be paid or unpaid. The company doesn't have to pay you if the meeting is held outside normal hours; it is voluntary; it is not job related and no work is being performed.
On the other hand, if he sent an exempt worker home, he would still have to pay the person his or her regular salary. Exempt workers are salaried and fall into either the professional, executive, administrative or outside-sales categories.
Employers don't have to pay them overtime or even minimum wage. But companies have to pay them a set weekly salary, unless the exempt employee misses a full day of work for personal reasons.

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