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  1. #1
    Join Date
    Feb 2012
    Posts
    2

    Default Would I Be Eligible for Unemployment if Terminated for FMLA Hour Exhaustion?

    My question involves labor and employment law for the state of: Michigan

    If I was told by my employer that I have exceeded my allowed FMLA hours and any absences going forward would count against me and my employment. If im eventually terminated due to my chronic and documented illness, will I still be eligible for unemployment?

    I understand FMLA enough to know that the employer isn't obligated to keep my job if I exceed the legal amount of allowed FMLA hours, but I'm wondering if I do get fired, will I still be eligible for unemployment in the state of Michigan?

    Any help with answering this would be greatly appreciated as I am naturally very concerned...

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Would I Be Eligible for Unemployment if Terminated for FMLA Hour Exhaustion

    You will only be able to draw UI if you're actually able to work - if you're sick/out on disability, that would generally indicate that you're not.

  3. #3
    Join Date
    Feb 2012
    Posts
    2

    Default Re: Would I Be Eligible for Unemployment if Terminated for FMLA Hour Exhaustion

    So if I'm able to work, your sure and confident that the state would still honor unemployment regardless of the fact that the company did allow for the legal limit of FMLA allocation?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Would I Be Eligible for Unemployment if Terminated for FMLA Hour Exhaustion

    If you're available for work, you should be able to draw UI assuming you meet the other requirements.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Would I Be Eligible for Unemployment if Terminated for FMLA Hour Exhaustion

    You "should" be able to collect UI benefits once you are willing, able & looking for work. (no longer disabled) However, the state always decides if you qualify for benefits. You need to apply & see.

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