Can I still apply for and receive unemployment benefits if I couldn't return from FMLA?

by Laurale
(Greer SC,USA)

I Never received a separation letter from my company and I was told I could not apply for unemployment because I left my job due to a family medical emergency. I used my FMLA (Family Medical Leave) 12 weeks and was still unable to return at that time. A friend told me to research that as we were just talking about it and I read that it is possible for me to receive it and if approved I may take a small cut because I waited so long. I worked with my company over 6 years and am rehireable but no positions available right now.I left my job in August of 08 and technically my last day was October 31st 08.I live in Greenville SC.


Hi Laurale,

A company cannot forbid you from applying for unemployment benefits. But whether you get benefits or not is dependent upon the details and doing all the right things as far as FMLA is concerned to be eligible.

So yes, you can apply, but I don't have enough information to make an assessment of whether you will be found eligible.

If you'd like to research the FMLA, you can find a link to the USDOL on this page.

Chris