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Can i get unemployment if i am terminated for not being able to return to work after FMLA ?

Chicago, IL |

I had to leave the country due to my father's health condition before FMLA request was approved. I later was notified that it was approved. However the date that i had requested as a return date was Mid July whereas the approved date is before the end of June. Now it seems like i may not be able to make it back in June due to my father's health condition. I will go back sometime in July and start looking for a job. My question is, am i eligible for unemployment, should i tell the company that i would resign or should i let them terminate ? Do i have any legal rights ? Anything i can do if unemployment request is denied ?

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Attorney answers 3


The timing on departure needs exploration. Hire lawyer to investigate.


You have asked a lot of questions here that are hard to sort out without more information. With respect to unemployment, if you quit your job, you generally do not get unemployment (although there are exceptions to this rule). If, however, you have a medical condition that prevents you from returning to work, you should be entitled to unemployment. If you are denied unemployment, you have the right to multiple appeals. You also may have some rights under the FMLA, but again I cannot give you any advice on the facts as presented. I recommend you speak to an experienced employment lawyer. Many of us, myself included, will provide a free initial consultation. Good luck!

This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.


Under FMLA, if you are eligible, you are entitled to 12 weeks of protected leave. It sounds like you were eligible since you were approved. You may extend your leave as many times as you need, up to the maximum 12 weeks in a twelve month period. In addition, your state may provide additional leave benefits beyond those under federal law.

If your FML has been exhausted, you can always contact your employer to seek additional personal leave.