Oh my goodness, ya leave home for a while, and the house burns down! I always heard that the most wonderful place to get misinformation about unemployment was the internet. Sometimes, that's about right!
In all states, a basic framework is followed for U.I. guidelines. Some points to establish that are the same in all states, with some variances.
The only way you can receive any benefits before you file, is if someone else (the employer) actually files the claim for the whole plant, which they do sometimes. For example, when the company shuts down for a few weeks, and the employer files the claims for those weeks for all affected employees. Or if there is an extremely busy time when the person has made a good faith effort to get in on the call in lines or the internet and they have been able to do so. Then they can make a special request that their claim be backdated to the week before.
Other than that, you can't start drawing a claim until the first week you actually file. It can be anytime during the Sunday through Saturday week, and that is the week they go from (if there is not an active claim already in place.) In many states, the first week of a claim is a waiting week. You CANNOT serve the waiting week until AFTER the claim has been filed. In other words, don't wait a week before you file and then explain to the system that you've served your waiting week. The clock begins the week you file the first claim in the year.
When you file a claim, that day, the system sets up a claim for you based on the first four of the last five completed quarters. This is the usual benefit year. An alternative benefit year can be requested in some circumstances and in some states. This claim draws in any covered employers you have had in the last 18 months, not necessarily this employer. Any and all covered employers (those who have to pay in unemployment taxes.)
When this person files the claim, they'll set it up as of the week she files it. Based on the first four of the last completed quarters. She'll get a statement telling her how much she is eligible to draw and what it's based on. The waiting week, if her state has one, is the first week she certified for after she filed the claim.
No, she does not need to expound on why she got every single point. They will not make any decisions based on whether she is on FMLA or not. FMLA laws, regulations and statutes do not have any bearing on unemployment insurance. The only thing they'll be interested in is exactly what happened, what was her excuse the very last day she was absent, tardy, out without a call in, whatever. If it was one of the days when her child was ill, and she can provide a doctor's statement that she was absent due to the illness of her child, that she had given reasonable notice of this absence, then she'll be approved.
They were obviously wanting to get rid of this woman. She had attendance problems. If they'd fired her after the absence when she was late due to transportation problems or due to not getting there for some other non-illness reason, even if she hadn't maxed out her points by their system, she would not have been approved for unemployment. But since the very last time she was absent, the absence for which she was terminated, was due to illness, she can provide a doctor's statement, she should be approvable. SHOULD, I never say definitely. I never say she'll absolutely be eligible, there are way too many variables.
Otherwise, I stay away from the thread.