Terminated due to non-work-related illness

[shygirldts]

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

I am trying to find out if i will get unemployment. I was let go as my FMLA time ran out and my Dr had me off work for 2 wks after that. I read on a law firms website that i need to send a written letter to my former employer that i am able to work again "because the law requires the worker to do so in order to be eligible for unemployment insurance benefits." Can anyone help me with an answer?

 

[cbg]

I've been working with FMLA ever since it was signed into law in the 1990's and I've never heard of such a requirement at the Federal level. But your state may require some kind of written clearance from your doctor indicating that you are medically cleared to work. Ask the UI office of your state what, if anything, they require.

 

[shygirldts]

cbg - thanks

I've called them - i get several diff answers - well wait - do you mean call my unemployment office or my former employer? My former employer told me if i re-applied there - i would then need a written release from my Dr. When i call the unemployment office - i had told them i was terminated due to a medical condition and my FMLA time had run out and NO ONE from there has told me i need a written release for the unemployment office. I do not have my fact-finding interview til the 27th of this month. I am a worrier and have a child to take care of too

 

[OHRoadwarrior]

You should get a release from your doctor, take it to your former employer and allow them to rehire or decline to rehire you.

 

[shygirldts]

http://www.factsforworkers.com/Laws/iowa-unemployment-law/ This is the link i got the info from. If you scroll down to: Quits or Discharge Due to Injury or Illness: Non-Work-Related Health Conditions

 

[cbg]

I was talking about talking to the unemployment office, not your former employer. The link you posted is a state specific recommendation and not a requirement of FMLA. I say again, check with the state unemployment office for verification of what you need to do. If they tell you to send a letter to your employer, then send a letter to your employer. But we are talking about in-state UI requirements, not Federal FMLA requirements.

 

[shygirldts]

okay - thanks a lot for your help. I appreciate it

 

[shygirldts]

I had my Dr. fax a statement that i was able to return to full time work as of Nov 1st(even though this Co. terminated me, due to running out of FMLA time and needing to have 2 more weeks off - Dr's statement faxed at that time as well). Talked the head of HR as well. I am also having that statement mailed to me. This won't HINDER my chances of getting unemployment, will it?

 

[shygirldts]

Oh, I did also talk to my state UI office - the guy i spoke to DID say he was not aware that i "had" to send that statement - and he is also a fact finding interviewer. But i did go ahead and have it faxed to my former employer anyway - just to make sure.

 

[commentator]

This is how it works basically in all states, including yours. Being out of work due to a doctor verified illness is considered a non fault reason to be out of work. After your FMLA expires, your employer is free to terminate you. As soon as they do this, you file for unemployment benefits. They will give you a statement for your doctor saying when he releases you, the date. You will state that your employer has told you, which they have, if they've given you any sort of notice of any kind that you are terminated, that there is no longer work available for you when you are ready to return to work.

This has absolutely nothing to do with any sort of federal requirement or regulation. What you have gotten is a general run around by piddling around trying to figure everything out BEFORE filing your unemployment insurance claim. You are supposed to file the blessed thing, then they tell you what you'll need to do. You don't have to ask for opinions and such and then file and demand you be approved. If you need a doctor's statement, they'll get one. If you need verification from your employer that they didnt' have any work for you when you were ready to come back to work, they'll get it. If you need to submit the letter they gave you when you were terminated, or fax a doctor's statement to the unemployment system, they'll tell you what to do.

If you spoke with someone at the unemployment office, why did you not go on and file the claim? Do so right away. If they are faxed something on a claim that hasn't been filed yet, guess where it will end up?

 

[shygirldts]

lol - i am sorry

 

[cbg]

I had my Dr. fax a statement that i was able to return to full time work as of Nov 1st(even though this Co. terminated me, due to running out of FMLA time and needing to have 2 more weeks off - Dr's statement faxed at that time as well). Talked the head of HR as well. I am also having that statement mailed to me. This won't HINDER my chances of getting unemployment, will it?

Did you read a single word I posted? I said to call the UNEMPLOYMENT OFFICE. And I only told you to do that much because it was the only way I was going to get you to let go of this absurd idea that you have to formally notify your employer before you get any benefits. Would you please LEAVE YOUR EMPLOYER OUT OF IT and just file the claim already? I don't THINK you've done anything to block your chances but you're your own worst enemy. Quit trying to do UI's job for them and just FILE THE FREAKIN' CLAIM!!!!!

 

[shygirldts]

i have filed - i just do not have my ph interview til later this month and it is drivin me nuts waiting n not knowin

 

[shygirldts]

I've called them - i get several diff answers - well wait - do you mean call my unemployment office or my former employer? My former employer told me if i re-applied there - i would then need a written release from my Dr. When i call the unemployment office - i had told them i was terminated due to a medical condition and my FMLA time had run out and NO ONE from there has told me i need a written release for the unemployment office. I do not have my fact-finding interview til the 27th of this month. I am a worrier and have a child to take care of too

i told you earler last nite i had filed already. sorry if i made you mad. not my intention - at all

 

[cbg]

I'm not mad - I'm frustrated. If you needed to send a formal notification to your employer, the UI office would have told you when you filed. You read something on the internet and you're not believing anything anyone says that doesn't match up with that. I don't know why you're so determined to make this harder than you need it to be. It's going to take weeks, literally, before you are approved and that's if everything goes smoothly. I don't want to see you mess up your own claim by trying to make up rules that the UI office either doesn't care about or are no longer applicable.