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California, out on FMLA and my 12 weeks are almost over

by frank

So I had my hand worked on and took FMLA for 12 weeks. I need to be out for 16 weeks. My 12 weeks are up in a few days. Work has already told me that if I don't come back within the time (12 weeks) they will fire me. Can I collect Unemployment after my FMLA ends? I am not able to work due to my assembly job and the status of my hand healing. So if I don't go back and I am still covered by my Dr for being out, once they fire me, I file for unemployment?

Hi Frank,

Yup, and you are lucky you live in California that does have the possibility of temporary disability unemployment. Most other states make proplr in your situation wait until you become able and available before you can collect.

Just to be safe .. have you considered requesting that the employer extend your time by providing the extra 4 weeks through a personal leave?

It's worth a shot and it's a step I suggest, just to cover yourself if an employer chooses to protest by saying you didn't do all things possible to preserve the employment ..

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