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Can I receive unemployment in New Mexico if my employer is not in compliance with the Family Medical Leave Act?

by Sue
(New Mexico)

After my maternity leave, my physician wrote me a note stating to work in a less stressful work environment due to my health. I submitted this letter to my job but it’s been over a month and nothing is happening. They are not giving me a different job nor are they letting me go. They actually tried to trick me to terminated employment with the company. I know if I quit chances are I can not collect unemployment until I find a different job. But they are not doing anything, because they don’t want to pay unemployment. I don’t know what to do. Not sure how long the company can do this to me. I need some advice, thanks!


Sue


Hi Sue,

First and foremost, your question is one that involves an employers FMLA compliance.

So, here's the link to some Federal Labor Law Fact Sheets, including FMLA. You can also access the law.

I do believe there is a time limit on an employer's response to an employee once they have been provided with medical documentation which recommends a possible job change. That's what you need to find out .. how long is too long and in fact, what does the act say the employer should do to remain in compliance.

I'd do the research myself, but I've been very busy lately (wonder why:) and I honestly, appreciate any information .. from anyone asking questions in the form of leaving comments with what they have found out .. you can even include links which I will make live.

Thanks,

Chris

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Jul 14, 2011
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NO MORE FMLA
by: Anonymous

My question is also in the state of NM. I went on FMLA Mar 23 for 12 weeks due to stress and depression from my job, my 12 weeks ran out and just before that happened i was diagnosised with colon cancer, under went surgery. My employer extendend my FMLA for 4 weeks, which is now also up, I am still not able to go back to work due to having Chemo and it will be 3-6 months before i can go back to work, I do not beleive my employer will hold my job for 6 months, can i draw employment....Thank you



Hi,

Regardless of whether your employer will extend more medical leave time to you as a personal LOA .. you need to make the request formal just as a matter of documenting and acquiring proof that you did request it. It basically is what can shift the burden back to the employer because it shows you were trying to save your job.

This is best practice for getting approved for UI benefits when you have not been released by a doctor to return to work at the end of an FMLA leave .. or any leave for that matter.

But, and this is a big but, the fact that you cannot work for the next 3-6 months means you cannot meet the conditional eligibility requirement to collect regular unemployment benefits .. that being you are capable of working, available to go to work and actually seeking employment.

The unemployment issue is usually referred to as Able and Available

However, many people can still be approved to receive benefits, but denied because of this conditional problem ..

Once you are released by your doctor to go back to work, you will simply have to reopen your claim and send them the medical documentation which should in turn .. clear you to receive benefits at that time .. because .. you became able and available.

Chris

Chris

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