Can You Get Unemployment if Your Employer Denies You Medical Leave
My question involves labor and employment law for the state of: NH
Last summer I suffered an injury on the job and was told that I needed surgery. I was a full-time employee at the time. The worker’s comp insurance denied my claim saying the injury was caused by a preexisting condition (I suffered an injury in the same area the year prior, but was cleared by my physician to resume “all normal activity” before even starting at this new company). I appealed the decision and after a very long wait of several months, I had a hearing with the DOL and they determined that the company was at fault and that my injury was a new injury. They appealed and now I have to wait at least a few more months before a final ruling. In the meantime, I still have not had my surgery and have been working on light duty. A few weeks ago, my company did budget cuts and reduced my hours to part-time which also meant that I no longer qualify for short-term disability insurance (that was my back-up plan for lost wages in the event that my WC is denied). It’s come to the point that after waiting 6 + months, I really need to have the surgery as I have been in pain.
I have personal health insurance through my spouses employer and I can make do for the 4-6 weeks without my paycheck if necessary, but what I am very concerned about is if my employer denies me the time off to recover and I have no job to go back to. I strongly feel this is what is going to happen. If they deny my medical leave request and I go have the surgery anyway, will I be ineligible for unemployment once I am physically able to work again? I know I cannot collect when I am recovering, but what happens when I am well enough to work and have no job to go back to?
Please note that I am not FMLA eligible as I have not been there a full 12 months yet.
Re: Unemployment Eligibility if Company Denies Me Medical Leave
You should tell them you will be out for the surgery. If they fire you as a result, then you do stand a good chance of getting unemployment once you are able and looking for work (presuming that such a long time hasn't transpired that you've lost the work credits required). You won't know unless you try.
Re: Unemployment Eligibility if Company Denies Me Medical Leave
If you are terminated for the time off you're likely able to collect once you are cleared for work.
You will not be able to collect while you are incapable of seeking or accepting employment.