U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New Jersey
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
 
 
Old 06-24-2009, 09:40 AM
 
2 posts, read 13,997 times
Reputation: 12

Advertisements

Hello I was wondering if anyone had any experience or knowledge about this.

I have been on disability due to a surgical procedure for 10 weeks now. At my last doctors visit, he determined I will need 4 more weeks off before I am able to return to work. However, Federal FMLA runs out in 2 weeks and my employer always terminates employees after they have been out of work for the 12 weeks (of FMLA). I don't want to get into the nature of my illness, but I do need the additional time, I'm not trying to milk the disbility benefits.

My question is this, if my employer terminates me for expiration of FMLA protection, and my doctor declares me fit for work in 4 weeks, now I'm fit for work with no job. Am I eligible to collect unemployment UNTIL I find a new position?
Quick reply to this message

 
Old 06-24-2009, 04:53 PM
 
336 posts, read 930,588 times
Reputation: 95
Quote:
Originally Posted by Snoopy40 View Post
Hello I was wondering if anyone had any experience or knowledge about this.

I have been on disability due to a surgical procedure for 10 weeks now. At my last doctors visit, he determined I will need 4 more weeks off before I am able to return to work. However, Federal FMLA runs out in 2 weeks and my employer always terminates employees after they have been out of work for the 12 weeks (of FMLA). I don't want to get into the nature of my illness, but I do need the additional time, I'm not trying to milk the disbility benefits.

My question is this, if my employer terminates me for expiration of FMLA protection, and my doctor declares me fit for work in 4 weeks, now I'm fit for work with no job. Am I eligible to collect unemployment UNTIL I find a new position?

If I'm understanding you correctley you are now collecting disability and when you return to work you think you maybe let go. I see no reason why you could not collect unemployment.
Quick reply to this message
 
Old 06-24-2009, 05:33 PM
 
2 posts, read 13,997 times
Reputation: 12
I am out on Disability now. But it looks like my physical ailment will prevent me from going back to work within the 12 week period of FMLA. If it goes beyond 12 weeks, your employer no longer "has" to hold your job for you. I know my company automatically terminates any employee who goes beyond the 12 weeks. If that is the case, I will be out of work. I just wondered if I would be eligible for unemployment based on this. (Reason for termination: unable to return from leave).
Quick reply to this message
 
Old 06-24-2009, 07:00 PM
 
Location: NEW JERSEY
859 posts, read 2,418,092 times
Reputation: 477
I think it would only be fair for you to qualify...b/c you are not terminated for wrong doing and you're not quitting...you were ill for too long (with a doctor's note) and they could not hold your spot.

I am not sure on what the actual law is. Hopefully the law is in your favor just incase your ex-boss is a jerk and tries to stop you from collecting.
Quick reply to this message
 
Old 06-24-2009, 10:36 PM
 
5,343 posts, read 9,263,253 times
Reputation: 1136
If you are terminated for failure to return to leave you should still be eligible once your doctor gives you clearance to return to work. However, I'm wondering how your "base pay" will be determined since your prior 8-10 weeks were not at work but on state disability. If I were you I would contact the NJ Dept of Labor for more info.
Quick reply to this message
 
Old 06-25-2009, 07:44 AM
 
336 posts, read 930,588 times
Reputation: 95
Department of Labor and Workforce Development | What is Needed to Qualify? Did You Earn Enough?


This link is what they use for your claim date, hope this helps.
Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


 
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Options
X
Data:
Loading data...
Based on 2000-2011 data
Loading data...

123
Hide US histogram

Over $89,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New Jersey

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top