Fired after FMLA ran out, Can I collect unemployment in Florida?
I hurt my back in a non work related injury. I was required to have surgery, which I did on 12/15. My FMLA ran out on 12/27/2008 and I was terminated on 12/31 because I cannot return to work because of my recovery time which is 6-8 months.
Here's the thing about regular unemployment benefits...You must be able and available for work. So you most likely would be found eligible on the separation, but you are not able and available for work, therefore, you can't collect.
Now on the other hand, if the doctor released you with work restrictions such as, no lifting over 10lbs. and the employer couldn't find anything for you to do with these restrictions, you would then be able and available to search for a job that meets the restrictions.
If you think you might be released to work with restrictions before the end of the 6-8 months, you should also consider the best time to open a claim. It is the date you first open an unemployment claim that determines your base period (the 12 months of wages that determine your weekly benefit amount.) In Florida the base period is the first 4 of the last five completed quarters.
Of course, this, like everything else, is subject to your states unemployment law and how it is interpreted by the state.
Federal guidelines allow any state to provide disability unemployment benefits, but only a very small handful do.