My Employer cut benefits to part-time workers and is taking 3 weeks vacation during which the surgery center I work at will be closed.

by Robin

(Florida)

After 9 yrs. employment at surgery center in Florida, my employer has cut all part-time benefits including PTO and Holiday pay effective July 1, 2010.
He is taking 3 weeks vacation in the next month and the surgery center will be closed.
Can I collect unemployment for any of this and future time that we are not working because if his taking time off?

Hi Robin,

Possibly, I would call it a lack of work as long as you don’t have to use any accrued paid time off during what I would call a “furlough”

Another problem is that you work part-time.

Florida doesn’t have an established part-time worker provision, but they interpret whether you may still collect benefits if you happen to have to limit any “job search” to only part-time work.

I can’t provide the criteria by which they judge that issue .. because Florida doesn’t provide an easily accessible list of precedent decisions on unemployment.

The standard is part-time work may be qualifying for benefits, but an inability to take a full-time job can stop payment of benefits because you are restricting your availability for work. So some states have enacted PT worker provisions which are beneficial to people who can only work a part-time schedule.

That information can be found here,

A couple classes of people that come to mind are Mothers and unpaid family caregivers.

So, yes I think you should file .. but please try to understand the issue of “availability for work” that will be raised and be ready for it.