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  1. #1
    Join Date
    Oct 2012
    Posts
    2

    Default Benefits After Job Abandonment While on FMLA

    Ok, so this is my story... while being employed I was on FLMA and used no more than 3 weeks of absences. I was on FMLA for severe anxiety and depression.. 1 day I left a couple hours early because I was having a panic attack and did not not tell my boss before I left because he was not around (prob at a meeting).. Now, my old boss was ok with me leaving a little early if needed to. This new boss (current) had no sympathy for anything and apparently it was not ok with him to leave early without notice regardless if I was on FLMA or not. Now when I returned work the next day and reported to my boss that I left a little early the day before because of a panic attack I was fired for job abandonment. My question is, can I still receive unemployment/ is this considered no fault on my end if I was on FMLA and needed to leave a couple hours early for a panic attack? Since this has been ok in the past with my old boss and not my new one I feel the rules are not consistent with the company and it is not my fault. My old boss would just speak to me the following day and I would explain what happend where as my new boss just reported me straight to HR and fired me.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Benefits After Job Abandonment While on FMLA

    You apply for benefits based upon your employment being terminated and see how your employer responds. If they argue that you walked off the job, you can expect that you will have to explain the full context to the agency.

    As you were told when you posted, laws vary by state.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Benefits After Job Abandonment While on FMLA

    Nothing in the FMLA statute gives you the right to bypass usual call-in (or leaving) procedures without penalty. If your new boss wants you to tell him before you leave, then you tell him before you leave. The fact that your old boss didn't care doesn't mean your new boss is obligated to follow the same process unless company policy or union contract says otherwise.

  4. #4
    Join Date
    Oct 2012
    Posts
    2

    Default Re: Benefits After Job Abandonment While on FMLA

    Quote Quoting cbg
    View Post
    If your new boss wants you to tell him before you leave, then you tell him before you leave.
    How was I supposed to know though? it was too late and already got fired before I knew...

    Does anyone think I will receive benefits based off my situation?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Benefits After Job Abandonment While on FMLA

    It doesn't matter what we think, and quite frankly it could go either way. Apply. It doesn't cost anything and there is no penalty for being wrong. If you do apply, you might get benefits and you might not. If you don't apply, you definitely won't. Sounds like a no-brainer to me.

    And as for how you were supposed to know, common sense would indicate that policies can change when management does. When you get a new boss, you ASK.

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