Q: Can I quit my job and collect unemployment to take care of my grandmother?
I need to quit my job so I can be my grandmother’s caretaker. Unfortunately, she has cancer, and there’s no one else who can fill this role. I can provide medical documentation that she needs a caretaker. Can I collect unemployment while I’m taking care of her?
A: Probably not.
I’m sorry to hear that your grandmother’s ill.
Separation due to compelling family circumstances
Oklahoma has what I consider a no-fault separation which could apply in this case. It’s called a separation due to compelling family circumstances. 40 OS § 2-210
Sometimes, you can leave work to care for an immediate family member, receive unemployment benefits, and the employer’s tax rate increase (benefit wage charge) may be waived. But there are a couple of requirements that must be met before benefits can be awarded.
First, the person must be an immediate family member. The law specifically defines “immediate family member” as your spouse, parents and dependent children. Grandparents are not included in that definition. In rare instances, a grandparent may qualify as a parent if you can prove that your grandparent raised you and was essentially your parent.
Next, you must have requested leave from work. If your employer is willing to grant you leave you will not qualify for unemployment. It does not matter if the leave is paid or unpaid. If you’re on leave from the employer. OESC will consider you as job-attached and not unemployed. However, if the employer is NOT willing or able to approve leave, you may meet this requirement.
So if you’re leaving work to care for an immediate family member AND your employer won’t or can’t give you leave, you may be able to receive unemployment benefits based on the reason you separated from work.
Other requirements
BUT your question was “can I collect unemployment,” so the analysis does not stop there.
You must still meet all the other requirements in order to receive benefits. The two that often trip people up in this situation are the requirement to conduct weekly work searches and to be able and available to seek and accept work. Many times, a person who quits work to care for a loved one does not meet one of these requirements, so their claim is denied for those reasons.
There are many moving parts to this type of claim. So if you want to discuss your particular situation in more detail, let’s talk about it!
