Unemployment after disability (law, company, job)

[Snoopy40]

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?

[0706772]

Originally Posted by Snoopy40

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.

[Snoopy40]

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).

[LittleMissSunshine]

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.

[EEEPNJ]

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.

[0706772]

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.