unemployment compensation after fmla

[senderm]

What is the name of your state? New York

was given 30 days of fmla (care for sick relative) - was not given more than 30 days due to the fact that only working for the company for 5 month.

after 30 days expired, not able to come back to work (the relative is still very sick)

got termination notice for failure to return back to work

Will I be eligible for unemployment benefits?

Thanks!

 

[cbg]

Just to clarify, you were given a leave of absence. It was not FMLA because you do not qualify for it - eligibility requirements are set by Federal statute.

They could legally have denied you any time at all.

Are you now able to return to work, actively looking for work and available to accept work if offered? If yes, then you will qualify for unemployment. If no, then it is very unlikely.

 

[senderm]

Just to clarify, you were given a leave of absence. It was not FMLA because you do not qualify for it - eligibility requirements are set by Federal statute.

They could legally have denied you any time at all.

Are you now able to return to work, actively looking for work and available to accept work if offered? If yes, then you will qualify for unemployment. If no, then it is very unlikely.

Thanks! In fact my company's forms calls it FMLA, although it is only 30 days.

Now, that 60 days passed, my relaitve is better.

I am able to return to work, actively looking for work and available to accept work if offered.

Does it mean I qualify for unemployment while I'm looking?

And what do you mean by "They could legally have denied you any time at all."?

Thank you!

 

[cbg]

What the form calls it, and what it is, are two different things. Legally, it CANNOT be FMLA unless you meet all the requirements set by statute. If this were actually FMLA, it would be illegal for them to limit it to 30 days. It is not uncommon for an employer to use the same form for both FMLA and non-FMLA leave. I don't think it's a particularly good idea but they didn't ask my opinion.

Since it is not actually FMLA, and it is not no matter what the form calls it, they are not under any legal obligation to provide time off for this reason. They may, if they choose; the law is not going to force them to.

Since you are now able to return to work, I see no reason why you would not qualify for unemployment. The state will make the final decision but I can't imagine why they would deny you benefits unless there is something major you have left out.

 

[Beth3]

Does it mean I qualify for unemployment while I'm looking? My guess is that you won't qualify for UC benefits. By not returning to work at the end of the 30 day leave your employer granted, you, in effect, resigned from your employment. You have absolutely nothing to lose by applying for UC benefits however. The State will make the decision as to whether you qualify.

And what do you mean by "They could legally have denied you any time at all."? Since you hadn't worked there long enough to qualify for FMLA, they didn't have to extend any leave time to you at all. The fact that the form they had you fill out was their standard FMLA leave form doesn't make it FMLA.

 

[senderm]

Since it can be called either FMLA (the way my complany called it) or leave of absence(according to the statute) , will i be more likely to receive the unemployemnt comp. if i use the term FMLA or leave of absence on the application?

Thank you!

 

[cbg]

NO.

I don't know how to get this through to you. YOU WERE NOT ON FMLA.

I don't care if the forum had "This leave will be considered FMLA" in big gold letters and was signed off on by President Bush. FMLA statute is very specific about what can legally be considered FMLA and what can't. THIS CAN'T. USING THE FMLA FORM DOES NOT LEGALLY MAKE IT FMLA.

YOUR EMPLOYER WOULD BE VIOLATING THE LAW TO OFFER FMLA LEAVE WHEN YOU DO NOT QUALIFY. It is clear by the fact that they limited the leave to 30 days that they did NOT consider the time to be FMLA, NO MATTER WHAT FORM THEY USED. It would have been ILLEGAL to limit actual FMLA to 30 days. It was not very smart of them to use a form that referenced FMLA but LEGALLY THE TIME YOU WERE OFF CANNOT CANNOT CANNOT LEGALLY BE CONSIDERED FMLA.

Nonetheless, whether it was or was not will make NO difference whatsoever to your unemployment claim.

 

[senderm]

NO.

I don't know how to get this through to you. YOU WERE NOT ON FMLA.

.....
YOUR EMPLOYER WOULD BE VIOLATING THE LAW TO OFFER FMLA LEAVE WHEN YOU DO NOT QUALIFY..

OK, OK, do not get mad

If my employer was violating the law, shall I sue them?

 

[ecmst12]

Your employer was not violating the law either. You had not worked for them for 12 months, so you did not qualify for FMLA and they were not required to offer you any time off to care for your relative.

I disagree with Beth that you resigned. You were terminated because you were unable to return to work when the leave they granted you was up; I think you will qualify for UC if you file now. You should definitely file either way - worst that can happen is they say no.

 

[cbg]

Your employer did not violate the law and you have no cause to sue. They used poor judgement in using the same form for a non-FMLA leave as for a FMLA leave, but poor judgement is not illegal and does not give you legal recourse.