Okay, basically, FORGET ABOUT the FMLA issues while you are working on the unemployment insurance issues. You maybe should've receive FMLA, but the unemployment system is NOT the area where this would be determined. First, you work on your unemployment issues, THEN you see an attorney and determine if the workplace violated the FMLA statutes and terminated you illegally because of those.
In the meantime, BIG QUESTION: Was your last absence, your VERY LAST absence, the one that led to your being terminated, due to illness? DID YOU HAVE A MEDICAL EXCUSE? As in did you have a statement from your doctor? I don't mean this was something like an on going (for example) say, upset stomach and you had it before and you had it again and called in sick. Or a migraine...and you didn't see the doctor. Or even that you were feeling anxious and just couldn't cope with work today..... If you had a medical situation, such that you needed to see a doctor, you stand a very good chance of getting your unemployment insurance approved. If you didn't, if you just called up and said, "Hey, I'm not feeling so good today....." but you didn't go to the doctor or seek treatment of some sort for this situation, you do not have a very good chance of being approved.
You will find that in the hearingthe unemployment officer is asking very specific questions that answer these questions I'm bringing up with you here.
Do not, in the unemployment hearing, start griping about and bringing up how you should've been approved for FMLA. It is not relevant, is not going to have much weight at all in the actual situation of whether or not you have knowingly, willingly, and without a valid medical excuse, violated the company's attendance policy. Most everything is going to be predicated on that last absence. The way the unemployment system looks at it, even if you had too many absences, if you were genuinely ill on that last day, so ill that you had to seek medical treatment, you couldn't help that. That's not misconduct. Anything else, not so much.
If it was just an on-going thing, and you just didn't feel like going in to work on this particular day because you have the same old thing wrong with you that you've been having, and you didn't seek medical treatment that day, your chances are not so good. But remember, unemployment is not the venue where you discuss whether or not you should've been approved for FMLA. That's a whole other issue and will not help your case in the unemployment hearing.