Not yet released to go back to work after medical leave

by april
(arizona)

I live in Arizona and I am currently out on FMLA. I get 12 weeks due to child birth of twins. My 12 weeks will be up and I still will not be released by my doctor to return to work. If I do not return then I will no longer have a job. Can I collect unemployment?


If the employer won't wait until you are released .. you would probably be able to collect when you finally do become able and available. This is an eligibility condition for collecting benefits.

The usual scenario is that the UI department would find you eligible on the merits of the reason for separation, but disqualify you on the basis of your ability and or availability for work.

Not really a big a deal because this type of disqualification can be lifted when you're able to start looking for another job. You'll just have to provide the medical release to the department.

You might try asking, in writing, for an additional personal leave from the employer .. just to be safe.

I never think you can be to zealous about trying to preserve the employment ..