Q:

Can you collect unemployment while on FMLA?

A:

Quick Answer

People cannot collect unemployment benefits while on leave under the Family Medical Leave Act (FMLA). The FMLA protects a person's employment status during an approved voluntary leave that falls outside the parameters of being unemployed.

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Full Answer

The FMLA was designed to provide protection against losing one's job because of a family medical issue. Its sole purpose is to protect a worker's status with the employer while on medical leave for an approved medical condition. The time off under FMLA is unpaid time, and the employee is expected to be able to take care of their own financial needs during an FMLA leave.

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Related Questions

  • Q:

    What is FMLA leave?

    A:

    FMLA refers to the Family and Medical Leave Act, which was drafted by the National Partnership for Women and Families and signed into law by President Clinton in 1993. The law allows eligible employees of covered employers to take unpaid leave for specific medical and family reasons.

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  • Q:

    Can an employer force an employee to take FMLA leave?

    A:

    An employer can force an employee to take leave under the Family Medical Leave Act, states the Spitz Law Firm. In a 2013 lawsuit, the Eighth Circuit of Appeals found in favor of an employer that forced an employee to get three doctors' clearances to work before terminating her.

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    What are the FMLA guidelines for medical leave?

    A:

    The Family and Medical Leave Act require employers to allow certain employees to take a 12-week unpaid leave under specific circumstances. During the leave, the jobs of the employees are protected while their group health benefits are maintained. The law assists workers to balance their family duties and work responsibilities.

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  • Q:

    How do you apply for unemployment benefits?

    A:

    To apply for unemployment benefits, find out if you are eligible, gather all the needed documentation and fill out and return the application. Begin looking for a job to maintain your eligibility for benefits.

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