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Can I get unemployment if I have been fired for missing work after being denied a personal leave?

by Anonymous

Originally I requested special accommodations at work per MD, but was denied so I went on medical leave.

I was approved for FMLA. Because I had already used some intermittent, I didn't have much left. Now I am told that I must return to work or I will accumulate points and be terminated--unless I get approved for a personal leave. I am 99.9% sure they will deny me a personal leave.
If I get termed because of the points, can I collect unemployment?
Also, if I force myself to return to work I will be taking pain medication. If I mess up and lose my job while on meds...am I eligible?
I am in Indiana and my job description requires me to be on my feet the entire shift (minus breaks).
Thanks for your assistance.

Hi Anonymous,

I need to ask you a question.

Have you been released to go back to work by your doctor? Or is the employer insisting you return to work without restrictions?

This is at the heart of the matter. An employer can't let you come back to work if you have not been released and they cannot insist that work restrictions be ignored without opening themselves up to liability.

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To Teddy: Being fired after a car accident that cause work restrictions an employer couldn't meet .. in their opinion
by: Chris - Unemployment-Tips.com

It would be useful to know which state this happened in, but typically, if an employee is released back to work with physical restrictions that temporarily, or permanently prohibit them from completing the essential function of their job, then yes .. because having a physical/medical restriction itself is not work related misconduct.

Also typically after you apply for unemployment, it may be necessary to show the UI dept. your medical documentation and any communications with your employer to explain the situation and request a work accommodation until fully released to establish you didn't voluntarily quit .. because one shouldn't just assume an employer will accept the fault .. which in some cases, might be admitting guilt of violating the FMLA when applicable, or the ADA .. or for purposes of UI an at-will choice to end the employment relationship for something other than misconduct connected to the work.

by: Teddy

Shouldn't i be able to claim unemployment benefits if i was in a car accident and my doctor released me to go back to work with restrictions and my employer was unable to provide a position that falls into those restrictions and then fires me saying that i was physically unable to work period? I am able, just with restrictions.

broke ankle have pins and srews
by: Anonymous

i am a 65 years old person broke my ankle i am a commission sales person at a major retailer has been on leave for 14 months to my doctor say can not work but being told to come back or b fired cant walk or stand no longer then 30 min at a time if i am fired can i draw unemployment?

You tell me your doctor says you cannot work. That alone would make unemployment benefits not possible because one of the primary conditional eligibility issues is that anyone collecting, must be able, available and looking for work.

But, something else you said makes me wonder if your doctor orders aren't that you can't work at all, but can with certain physical restrictions which might be accommodated.

You said you cannot walk, or stand for longer than 30 minutes, therefore, I'm thinking you could work if the employer would allow you to come back if a work accommodation could allow you to get off your feet every thirty minutes.

Has any of this been discussed with you?

You also didn't mention where you broke your ankle, or if at work, whether worker's comp comes into the picture.

You also didn't mention specifically what state you're in because after 14 months of leave, it may be beneficial to know if your state has the option of using an EBP (extended base period)

But I want you to know it's not unemployment you should be looking into right now, but whether your employer has violated some employee right that you might apply to your situation.

Possible things:
Age discrimination
Disability discrimination
Rights under the Americans with Disability Act.

Unemployment is an after thought few people think of in terms of being possible by way of first doing everything possible to preserve a job.

by: Virginia Moore

I had a small heart attack and slept through it and for 2 days.

The lady in HR department at my work gave me forms saying I was eligible for FMLA. She told me to fill them out and take them to my doctors.

I could barely walk, barely talk after waking up. The doctor said I have an irregular heartbeat. Now my work is okay with me being out for 2 and a half weeks, but I went back to the doctor today and my doctor said I don't care if you're dying. I was going to fill them out but I don't feel like it so I never got my forms filled out to take back to my work. so now I have 12 days left of the 25 day waiting to get the form signed and I don't have anybody to Sundance even after my doctor said I have an irregular heartbeat I can be fired in 12 days and don't know what to do.

Hi Virginia,
First, I'm not sure what you're telling me and I have no idea why you chose this question to leave a comment.

What did your doctor say to you? I tried several time to make sense of what you wrote, but couldn't understand exactly what is causing the problem and I certainly don't know what you mean by Sundance.

Please take your time and communicate clearly, so i know how to answer you.

Dont know what to do.
by: I live in florida

I have been approved before for fmla but this time I was ubeligible because I only worked 1097.3 hours. I did confirm with hr and I also recved a denial letter from fmla. I just wanted to know how much of a chance I have for getting unemployment even after not being able to prove what was verbally said by my supervisor.

Another thing I wanted to.add was that I feel that my employer set me up to fire me and not get unemployment. For instance, because I was already 1 step away from being fired, for the month of January my performance metric was below the requirement so technically I was suppose to be fired for that. I have documents to prove that and a copy of the company's policy stating that if you are below the monthly goal, then u should be placed on the next level towards termination. I believe they purposely fired me for attendence so I wont get unemployment. If I need to appeal, can I also use that information for my defense of getting unemployment.

Do you really want to try to show that you should of been fired for performance instead of attendance due to what I'm only presuming to be some medical problem??

can I get unemployment for unapproved fmla
by: I live in florida

filed for fmla for my grandmother as soon I recieved news that she felled and injured herself. The next 3 days I didn't go to work thinking I would be covered. Few days later I recieved a call from fmla stating I didnt work enough hours the prev. year which I wasnt aware. Ive been with the company for 5 yrs.The same day I left a message for my supervisor to call me back, I was already one step for being let go because of performance issues so I was worried about lising my job. I recved a call back from my supervisor the next day. I explained to her the situation and also explained to her why I am concerned about losing my job. I didnt have any sick time left to cover those days. She told me not to worry and I would be covered. I thought I was going to be covered with the vacation time I had. A whole week went by and I was working in confidence that I still have my job. But then I was fired the following Monday I was fired because I wasnt approved for fmla. what should I do? I feel I was told one thing by management but then fired.

I think now might be a good time to find out more about when FMLA can be approved and what your responsibilities might be in this process as an employee trying to access it to protect your job.

Then you can go one step further and find out what the employer's responsibility might be as well to stay in compliance with the FMLA.

After all, you've been fired and you now need to understand why it may or may not of been through no fault of your own .. and then figure out how or even if, you can prove the termination was not your fault .. but the employers .. just for that FL unemployment hearing you'll probably have to appeal to.

So, did you really receive a call from FMLA denying the leave .. or was it the employers hr dept. or perhaps and company they outsource leave management to?

Potential Disability Discrimination?
by: Anonymous

If it were me, I wouldn't assume I couldn't collect unemployment during this time for the mere fact that your doctor did release you back to work, but with restrictions.

In many states, when the employer cannot or simply refuses to accommodate the restrictions .. it is seen as the equivalent of a temporary layoff and unemployment benefits may be the lesser of two potential liabilities. However, they will rarely tell you that UI benefits are possible .. which is the lesser.

I.E., it can be a lack of work claiim because the employer has no suitable work for you to accommodate your physical restrictions

Considering they've refused to let you use a scooter .. I'd try for benefits, if you're not receiving STD.

I wonder what they'd do if you were a job applicant vying for the position and got around in a wheelchair due to the permanent inability to walk or stand .. come right out and tell you that you're not physically capable of performing the job due to your inability to walk????

Of course, they need hiring processes and strategies in place already because all employers have to be concerned about violating the ADA or some other federal act which serves to protect people from discrimination.

Employers can't discriminate on all those thing the EEOC mentions .. like age, race, religion, disability etc .. that IS breaking the law and the larger liability.

So, with the little info I do have, what they are doing sounds potentially, like disability discrimination ..

We know in our hearts that discrimination does go on, but what always makes it hard to prove are the processes and the strategies.

It shouldn't matter that ou are already an employee .. and the only thing that has changed thus far is a temporary disability .. and the employer's perception of your ability to do your job within those temporary limitations.

I'd say, it's the employer walking out on thin ice here.

As far as documenting verbal conversations .. it's easy if you send a email reiterating the contents of a conversation and your understanding of what was said by asking for a confirmation you understood correctly.

By the way .. this is just one American discussing with another.

To get legal advice .. you need a lawyer.

Thank you
by: Anonymous

I live in N.Carolina.I am a nurse.I have worked 40 years and have never collected unemployment.From the beginning of my injury I offered to work from home or at work but they declined.Too much liability if there with a boot etc.I am an educator but also it requires me walking a lot and possibly standing for hours as they add more to my job description.I could have done so much even with restrictions as well as now but again they refuse.They put someone in my place temporarily until my return but she left.
When I last saw HR I even asked for a scotter to work to decrease walking and they would not do.Of course much of what occurs is either not answered by email or told to me verbally but because of your previous comments I did write a letter requesting the leave,they signed it and I have a copy.They choose the return date I did not.So they put the 30 day limit.I did tell HR my Dr.said I would be able to walk without restrictions by then but then learned standing for hours at a time would possibly require another 2 weeks a total of six weeks.They are not aware of that yet as I feel I will not know until closer to the 30 day extension how I would be able to stand etc.I see my Dr.in 2 days.I will have him put return by the 30 day limit date and then as I get closer and if I find I cannot return fully I will have him do another note.
So I am still employed and willing to work but still not eligible for U because I still in reality have a job with benefits until that 30 day expiration date.It is so complicated.I am sure they will do all they can to work it to thier benefit but I want to do the same.Thank you for all your advise.Any is very helpful to help the little person in all this.

by: Anonymous

Since writing my Dr.said I could return to sedetary duties.Again my employer refused.Because of what I learned from your writing I asked for a personal leave.They granted me 30 days.I was under the impression that my Dr.felt I would be 100% by then but now says 6 weeks instead.My work thinks I will be back in 30 days.My work requires a lot of up and down,walking and standing.I will shoot to return in 30 days but may not be able.The words HR used with me when meeting them the other day before handing them a request for personal leave was I would be released if I could not fullfill my work duites.So if I cannot return at 100% at 30 days they will release me. Will I then be eligible for unemployment. I have never collected in 40 years of work. Me being released in a way would be a fault of my own? or then again not really as I am willing to work. I have documentation as such. Also what will happen to the w/c claim if I am released and it is still open?
With much appreciation


What state is this?

If they release you the discharge should not be your fault as long as shortly before that personal leave terminates you contact the employer again to request an extension .. and it wouldn't hurt to get documentation from your doc with a specific date this time.

They can do this .. however the goal here is to keep trying to preserve that employment relationship so it doesn't look like a failure to return from a leave .. therefore remaining in contact and giving them medical documentation .. so when or if they do release you .. you can be approved for benefits and start collecting at the date your doc clears you for work.

If they hadn't extended the leave .. it's because you weren't totally restricted that the discharge would have been without good cause for the employer.

I ask about the state .. because in many states .. their failure to accommodate a medical restriction is actually the equivalent of a temporary layoff .. as you are able and available to work .. just with the restriction.

Worker comp .. ain't my bag. I do know it's something else that varies by state and that those lawyers that like those kind of cases advertise on TV.

Go to your state's department of labor website and find a publication guide about worker's comp.

I had to do this recently for my stepson .. and it took a while .. but I did finally figure out the employer had responded to the report of injury all wrong.

by: Anonymous

I was out on w/c for 1 month from an injury at work. I collected at that time and they charged 4 weeks toward my 12 week fmla allowance.

4 days after returning I injured myself at home breaking my foot, requiring surgery and have almost used my 8 week fmla.

My doctor has stated I can return to work with sedentary duties.

My job does require a lot of walking.

I have not received notice from work if they will let me back with limitations.

I am 3 days from going back and fmla being expired.

What should I do?My w/c case is still open.

If they will not accommodate my restrictions should I ask for personal leave?

If they do not honor that then can I collect unemployment? What would you suggest for documentation to cover myself.

My suggestion is to present the medical documentation with the restrictions and if the employer refuses to accommodate those restrictions .. file a claim for unemployment benefits until the restrictions are lifted and you can return to your regular duties. The reasoning here .. is that the employers inability to accommodate the restrictions presents a lack of work .. because your physician hasn't fully restricted you from work.

All because you're not talking about the worker comp injury now.

However, it's always a possibility that your employer will terminate your employment because you have exhausted FMLA .. so the request for a personal leave isn't a bad idea just so you can show you made that effort to preserve your employment. You might make this request for a personal leave citing that it's being made under the ADA .. those three letter can sometimes give the employer pause about what to do next.

Approved FMLA and Personal leave but never notified once that they decided to fire me
by: Anonymous

I was approved for a fmla for 3 months and then a personal leave for an additional 4 months. I was told that the personal leave is a break of service and they are not required to hold my position if they can't. I contacted them in between my 4 - 5 month period of being out inquiring what my options were as my return date on my approved personal leave was approaching. They told me they already put someone in my position. They never notified me, offered me options with restrictions and when I inquired what date I was specifically let go and they couldn't answer me. What can I do? FYI - I'm in NY

File for unemployment when you're able to go back to work, if the employer doesn't return you to at least some type of "suitable work".

And of course, it should go without saying that your request for work and any response from the employer saying they don't have anything or that you must reapply should be documented.

And don't forget to take the next logical step of submitting a new application and if they do offer you a position .. get the details in writing as well.

Because even when you do this right .. employers often try to create a refusal of work issue out of it when you finally do apply for benefits .. and sometimes with good reason.

Although the laws should be construed favorably to whom they are intended to help, the laws themselves throw up so many hurdles as to often appear as if they don't want anyone to get benefits.

Unemployment benefits try to kill initiative to better yourself by threatening the loss of them in many ways.

So it is very important to understand what a state determines to be suitable work for you .. so you don't refuse it when it is offered.

Boat Ride Nightmare
by: Beagles

I was injured in July 10. Was off work for 10 months. I do live in Indiana :) I have been on LTD thru my employer; who has recently let me go. ( FMLA) was exhausted .

My doctor has returned me to work duty with restrictions. I have no job and was wondering if I could file for unemployment benefits.

Any light you can share on this would be greatly appreciated.

The horrible part is I still hurt, nothing they can do for me--

Yes, you should file if you haven't already. The reason it's okay to file now is that you were medically released to at least do some type of work and that makes you able and available for work.

But if you are still receiving LTD, please check with the department to find out if this will effect your benefits in any way .. solely as a precautionary measure to be fully informed about what might be reportable income when filing for continuing benefits.

And one more thing. You are actually fortunate to be in Indiana .. because IN does offer the option of an 'extended base period'.

Not all states do .. and when they don't, it usually has an effect on those that were barred from work due to an injury that takes a long time to recover from due to monetary requirements for a valid claim.

answer this post
by: LeonardJeannine24

Business loans are essential for guys, which are willing to organize their own company. By the way, that is comfortable to receive a secured loan.

Just so you know .. links are reviewed by a human being before I publish them.

If you want to exchange links .. then contact me .. I'll consider it.

Chris - unemployment-tips.com

My Fml
by: Anonymous

My FMl run out. My job laid me off and I was just release to go back to work. Do I have any rights to get my job I work in San Francisco, ca my job duty was an jantior .

I don't believe you have any right to get your job back, but you should ask.

Since you have now been released to go back to work .. you should be entitled to unemployment benefits though.

can employer fire me when dr gave limited hours for a worker comp injury?
by: Anonymous

I want to know if my employer can fire me if the doctor gives me restrictions? I'm on WC in Florida. Like if the doctor puts me on 6 hour shifts and they want me to have open availability can they fire me? If they do, what are my alternatives? UI while on Workers Comp? Thanks for any help you can give me!

Employers can pretty much fire you for anything they want. But when an employer fires a person when they can still work, but are limited by medical restrictions or limitations .. they should do their best to find some kind of work for you that fits to those restrictions if they don't want to pay unemployment. The reason is because you are still able to work and if they fire you it is not for work related misconduct.

The problem is that worker's comp payment make you ineligible for unemployment benefits in most states, but of course you would become eligible after those payments end .. But often the problem then becomes the base period of an unemployment claim unless the state has an "extended base period". Florida doesn't have such a thing.

I do not have much knowledge about worker's comp, that's a different set of statutes and my honest advice is that anyone who is injured on the job and begins to have problems with their employer has an imperative need to find a lawyer that specializes in worker compensation claims. This includes having one check over any settlement the employer might offer.

Lawyers are a lot easier to find for this type of claim as when compared to unemployment.

Can I collect Unemployment
by: TZINN700

Where to start? I was on FMLA and STD for 12 weeks for mental health reasons and severe migrains. Those were both exhausted and at the end of July I was told that I had to come back to work or I would be terminated, I talked with my doctor and he release me (because I didn't want to get fired) only to go back part time. My employer was not happy with this and said they would only honor it for 30days. I said at 30days I would get re-evaluated by my doctor. At 30 days I was re-evaluated and he said I still need to be on reduced hours. That was sent into my employer and they said they could not accomidate that requirement, and my two options at that point were to go to work full time or to go on medical leave (un paid, with no job security when I am ready to come back). Since then they have also been terribly difficult to work with making it virtually impossible for me to even be there, what I want to know is that if I can't work full time, and only a reduced work week and they wont honor that from the doctor and I quit rather than go on medical leave can I collect unemployment? OR if I go on medical leave and they do not have something for me when I return can I collect unemployment? I feel so stuck and I don't know what I should do, I tried to work full time this week and I couldn't do it, I called out one day and was late two others... this is not going to work.


First, I would really like to know what state we are talking about. The entire subject can vary depending upon the state.

Secondly, if the employer cannot accommodate your restriction .. file for unemployment when they stop allowing you to work part-time.

Generally, speaking, you do not need to quit because the employer has effectively presented you with a lack of work due to their inability to accommodate your restrictions.

Taking an unpaid medical leave is just you trying to preserve your employment .. you still have the documentation from your doctor allowing you to work part-time ..

And finally, the employer will eventually fire you just to eliminate the ongoing problem you are presenting to them.

did get it
by: Anonymous

Just to follow up i did get UI thanks for all the help

That's great to know.

All the best,


by: Anonymous

thanks they wantt me to do a fact-finding interview over the phone so i guess i'll find out then. thanks for your comments

Just a reminder that it's handy to have any documentation ready to go that proves what you say .. documentation from the Dr. releasing you to light duty, letter from employer saying they have no light duty work available .. etc.

Offer to fax it to the interviewer.

Can i collect UI if released for light duty in NJ
by: Anonymous

Back in may 7th 2008 i was working on my house a feel from a ladder breaking my ankle . I work for the board of education of NJ and we don't pay into short term disabilty hence i couldnt collect disabilty . My work put me on medical leave and it has been 8 months now. so mind you I've had NO income this whole time. My question is my job is saying that I have exausted all of my FMLA time and if i wasnt back to work by Jan 1st 2009 my employment was over. My question is i was released to go back to work Light duty 12/1/08 and was told by my employer they don't offer light duty so now my employment is over with them can i get un-employment because I'm released to go back to work light duty however they dont offer it. I'm still not released full duty. thank you for your time.

Yes, I would think you would be able to collect if the employer won't allow you back for light duty because they have no work that is suitable and you are able and available for work.

Can I collect unemployment if I have not worked for 2 years and need to apply for Social Security Disability?
by: Chris - (webmaster:)

Hi Anonymous,

I am truly sorry to hear about your situation and I'm afraid that I don't have any advice or saving good news to offer for your situation, just as I haven't for many people in a very similar boat who have been contacting me.

I can though, address why I don't.

As far as the unemployment goes .. since you are no longer under the care of a doctor I would say that your availability for work is now self imposed by your own knowledge of what you can and cannot do.

But the reason you cannot collect unemployment benefits now on wages earned 2 years ago even if you had documentation showing ability to work is because Michigan, like most states, do not have what is known as an "extended base period". Without an EB, even workers who have lost their job due to a lengthy worker comp claim will find they have no earnings in the standard base period which is used to determine monetary eligibility.

It's just another example of how screwed up the system is.

Additionally, another thing that popped out at me as a big question mark is the fact that you were told you couldn't apply for SSDI if you were not currently under the care of a doctor .. that just sounds weird because that would exclude so many people from applying.

I suggest you verify that information with the Social Security Administration for Disability I gave it a quick read and I did not see that as a requirement to apply, but they also have a toll-free phone number to ask questions.

I wish I could help. If someone out there knows of anything that actually does help or can provide help .. let us all know.


Still eligible?
by: Anonymous - MI

I have a similar situation to the above (Indiana) person. But, I did exhaust all of my FMLA. I was put on several leaves for fibromyalgia, CFS and other conditions. In between these leaves, I did my best to go to work, pumped full of painkillers and other meds. I was working in what became a hostile environment, at a doctor's office, which severely exacerbated my medical condition(s). I was fired from my job in late January of 2008. I knew at that time because I was "unable" to work, I could not collect unemployment. Four months after my termination, my husband lost his job in the auto industry and there went our insurance and everything. My physician of 17 years, who diagnosed me with everything and put me on all these leaves that ultimately cost me my job, would not see me anymore because I no longer had insurance. At one of the last appointments I had with him, he said he thought it was time to start SSI paperwork. I called attorneys and was told I could not file for SSI because I was no longer in treatment or under a doctor's care. I tried to get Medicaid but was told we make too much (with my husband's unemployment) and I can't afford it on my own, even with the HCTC, it is financially impossible.

My family is now, between my husband and I both losing our jobs, struggling horribly to keep our home, some food in the house, etc. Since it has been almost 2 years that I was terminated, can I file for unemployment or am I still considered unable to work because a doctor has not officially 'released' me to do so?

I feel completely screwed, not to mention devastated by all of this. I feel I am, once again, caught in a pile of red tape as I am 'unable' to work and unable to try for SSI because I can't afford to see a doctor anymore and continue any treatment.

Do you have any suggestions on what I may be able to do so my family doesn't lose our home.

Thank you

unemployment keeping money
by: Anonymous


Hi Anonymous,

I empathize with your outrage, but Anonymous, please be cautious of using names when making possibly true, but unsubstantiated claims .. it's called libel when written and slander when spoken.

It is for this reason that before questions and comments are published .. I must approve them.

Thanks for understanding and I do agree, everyone should contact their legislators and raise a flag

Anonymous, Please feel free to tell your story here. Names should be confined to official complaints and testimonies.


Thanks again!
by: Anonymous

Appreciate it!

by: Anonymous

Here's where the background info gets a little more complicated...
I originally got injured on the job over a year ago. Work Comp was paying for medical treatment, but forcing me work--with modified duty however. Once again, my job description is walking back and forth. At first I was on light duty in the office, then they made me do 4 hours on the floor and 4 off, then they made it a mandatory 2 off (at least that was some relief-I had to, however, take pain pills after 4 hours of walking).
The end of April Work Comp said I was at MMI -maximum medical improvement-did a final eval and released me from their care. I have a lawyer and it will not be until fall when we can settle this.
So, after WC released me, I went to the doctors of my choice (ones that actually had my welfare in mind). One of them wrote a letter asking for special accommodations (similar to what WC provided) and they refused saying, "we won't because we don't have to". I went through HR at that point, and corporate denied me as well.
I tried a week of no accommodations, but my pain was intensified. So, I was forced to go out on FMLA, which I was approved for.
When applying for STD, at first they wanted to deny me because of WC, but they had me sign a release saying I would pay them back when I receive my WC settlement.
Which brings us to where we are right now.
I am physically able to work, but not do the work that is in my job description. I have asked HR about other positions open, but there are none.
My due date back from FMLA is July 9th. After that, I will start accumulating points and ultimately be released.
Sorry this is so long.


No problem, I like long:)

I think your situation just puts a glaring spotlight on how vulnerable we can be and how many employers have only their best interests at heart and we need to watch out for ourselves.

I'm glad you got a lawyer. I think many people don't get one until it is too late and then they find out they're screwed and if only .....

You are good to go as far as the UI is concerned and I thank you for sharing. I'm certain it will be helpful to someone else.


You did fine...
by: Anonymous

I understand.
Yesterday I gave them a note from my doctor saying I could not return to work without being able to sit or stand when needed, Today I received word that they refused my personal leave.
Technically, I am still an employee until I point out.
My question now is...I am receiving short term disability and can probably get that extended.
When and if I am termed, should I wait until the STD is exhausted before applying? Or, can I receive STD while I am awaiting UI to kick in?
Thanks again for your help...you are awesome!

Okay, so much for expecting reasonableness from your employer:)

Collecting STD wouldn't prohibit you from filing, but I'm sure it is "deductible income". I find all this information at the USDOL and this information is found in the Nonmonetary Chartbood beginning on page 34. Of course you need to click the current year first.

Since it is deductible, but doesn't prohibit you from starting a claim, you could do so when the employer terminates you, but you might want to wait until the STD or your availability for work is no longer a factor because employer love to raise the issue of A&A. Just to try and throw a monkey wrench into things.

If you wait until you are medically released and done with the STD, you'll be good to go. You can offer the medical release and all other documentation which shows the employer terminated you without good cause and through no fault of your own to the state at time of the "interview". You could do this immediately after being terminated since you do have a work restricted release the employer refused to comply with, but that may be called into question due to the STD.

I'm actually having a problem with the STD with the restricted release. Sounds funky. I'd think the doctor would have to rescind the current release, this is just because I don't understand how someone can be collecting STD and be released back to work even with restrictions. I might just be being anal, but it's a concern for me for you.

by: Anonymous

You say, "they cannot insist that work restrictions be ignored without opening themselves up to liability." Yet, they denied me special accommodations at work. I tried to work without them but was in too much pain. That is why I was forced to go out on medical leave. Evidently they weren't worried about liability because they allowed me to work when my doctor had requested these special accommodations. This is one of the reasons why I believe I will be denied personal leave...that really don't care. Plus, while I was out on FMLA, there were 10 people laid off and one was on approved personal leave.
Thanks again, appreciate the assistance.


Once your FMLA was exhausted and the employer could not or would not accommodate the medical limitations imposed by your doctor you should have requested a personal leave. If that was (or is denied) they have in essence discharged you. And the circumstances for the discharge are beyond your control .. therefore, no fault of your own.

Now, if a person finds themselves in this situation and they have done everything possible to preserve the employment by requesting a personal leave until they are fully released to work by the doctor .. since that is what the employer is insisting upon, they would be found eligible for unemployment if the restrictions still allow them to work, but if the doctor has said they aren't able to work at all .. they couldn't collect benefits until they can prove they have been released by their doctor to work at least with restrictions.

So yes, request the personal leave. If they deny the leave .. file for unemployment.

Then the only thing that stands in the way (besides an employer who protest every UI claim that comes down the pike) is the medical release.

It's confusing .. I know. So if I haven't explained this well enough .. just let me know.

more info...
by: Anonymous

My doctor doesn't necessarily want to release me back to work, but since I have a letter saying I must return by the 9th, we were going to try it. I am loaded up with pain pills and also have an electronic stimulator (tens Unit) that I can use at work.
I am really stressing out about this. I am unable to do simple housework let alone walk back and forth (Job description) for 8-10 hours. BTW--they increased our hours to 44 a week while I was gone. I am salaried.
So, should I go ahead and request a personal leave and see what happens? Once again, if denied and I find I cannot work and point out, can I collect unemployment?

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