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Unemployment Comp after fmla?

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jack dog

Junior Member
What is the name of your state (only U.S. law)? PA
I was sick and took a FMLA (12 weeks) from work. My doctor could not release me to work because I was still ill. My employer notified me that they could no longer hold my job, and this is considered a voluntary termination. It's been a month since my termination date, and I am now able to work. Am I eligible to collect unemployment cpompensation until I find suitable work?What is the name of your state (only U.S. law)?
 


swalsh411

Senior Member
Nobody here can give you an answer 100%. Only the unemployment office makes those decisions. File immediately to establish your wage base. This is especially important since you haven't worked for 3 months.

What your employer considers your termination to be is irrelevant as they are not the ones making the decision.
 

cbg

I'm a Northern Girl
Agree that no one can give you a carved in stone guarantee, but the odds are in your favor. Be sure to file ASAP after you are cleared to return to work as it is not retroactive.
 

commentator

Senior Member
When you are fully released by your doctor, you should call your former employer and tell them this, and let them reiterate that they now have no work for you. Then present your doctor's statement to the unemployment office when you file your claim. In fact, file it immediately, regardless of your health situation right now. Because you don't want to lose the quarters. Remember, you must be fully released with no restrictions, and then if your former employer doesn't take you back, you probably will be good to start drawing benefits (if you have the monetary eligibility in the correct quarters) while you search for another job, which you certainly have to be doing to get benefits.
 

swalsh411

Senior Member
The OP did not specify that their doctor cleared them to work, just that they were "able" (which could be only their opinion), hence my hesitation in giving a more definitive answer.
 

jack dog

Junior Member
I did not contact my employer after I was released to work by my doctor, as it has been 3 weeks since I received their letter that they could not hold my position, and had heard they already replaced my position. It has been six weeks since I filed my initial claim. I have not heard anything from PA UC. How long does it usually take for them to make an eligibility determination? I called 2 weeks ago, and although she couldn't give me any information on where I stand or how the process works, she told me it could take weeks. Could weeks turn into months? Does it usually take a long time? ~ Thank you.
 

pattytx

Senior Member
Try calling them on a Sunday (yes, they do have Sunday call hours). Might be able to get through faster to somebody who can give you an idea.
 

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