Question re: FMLA and unemployment benefits

[rodney6]

What is the name of your state (only U.S. law)? CT

I hope that I am posting this in the proper place.. I will try to keep this as succinct a possible. I was granted an FMLA approved leave from my job approx. 2 months ago, that is set to end on Feb 1. I have just received correspondence from my employer notifying me that they have essentially decided to fill my position with someone else, and they are offering me a part-time position instead. It's my understanding that FMLA requires employers to allow the employee to return to the same or equivalent (in terms of pay, hours, responsibilities, etc) position as held prior to the leave. In their correspondence, my employer said that if I choose not to take this role when my leave expires, they will be forced to terminate. Now, my questions.. If I refuse to accept this reduced position, and they do "terminate" me, would I be eligible for unemployment? Also, if I inform them - prior to the end of my leave - that I do not want that position, would/could that be considered quitting "for good cause"? For many reasons, I do not want to accept this drastic reduction in role, and I would rather explore other options. Of course, if I'm eligible for benefits, I would want to avoid doing anything that could jeopardize that. What do you think? Thank you in advance for your help!

 

[justalayman]

how many weeks total will you have been out on fmla?

aand have you had any other fmla leave in the previous year?

 

[commentator]

Being eligible for unemployment will have a lot to do with your health. If you are fully released by your doctor when your medical leave is over, and you do not have the equivalent job to return to, you are going to be eligible for unemployment benefits. The fact that they have offered you a non-equivalent job is going to be a non-issue.

So when they send you a termination notice in writing, stating that you are not going to be taken back in your regular position, that they only other job they have to offer you is this part time thing, thank them politely but decline it.

I am not speaking from an FMLA law standpoint. Others can give you advice about this. But in regard to your unemployment, being off due to illness with a doctor's statement is not considered a good reason to fire or demote a worker. They will most likely be approvable for unemployment benefits if the employer does this to them.

Above all, do not accept this lesser job, unless you really really want it and want to stay there even part time. If you do, it is the same as accepting it, saying it's okay. You will not be able to get unemployment if you leave this job if you have already accepted it and worked on it, even a minute.

As soon as you get this officially, that you have nothing to come back to but your part time job, file for unemployment benefits at that time. Even if you are not going to be released by your doctor then. You can always get the claim filed, get it going and then when you are healthy enough to be released, you can begin drawing benefits while you are looking for another job.

 

[rodney6]

how many weeks total will you have been out on fmla?

aand have you had any other fmla leave in the previous year?

so far, i've been on leave for approx 9 weeks, and i have not had any other fmla leave prior to this. so feb 1 will mark the end of my approved 12-week leave.

 

[pattytx]

U.S. Department of Labor - Wage and Hour Division (WHD) - The Family and Medical Leave Act