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Can I collect unemployment if I quit due to medical reasons where my work place was making it worse?

by Michelle

I suffer from a medical condition that I have had for quite some time now but never knew it and wasn't diagnosed until just recently. I have been at my job for a little over 3 years. My attendance has not been the greatest however I turned in doctor's notes for most of the time I was out and also I used vacation days or personal days for a lot of these days and I have also made up my hours for some of these days by staying late or coming in early. Once I was diagnosed with my medical condition I applied for the Family medical leave act to be used intermittenly. Ever since I was approved for that my supervisor has treated me differently. I was told that I was not allowed to miss any time unless it was FMLA related. I have a young child at home and was told that if my child was sick I would need to make other arrangements for her. I had asked questions to my manager about my position and explained about my condition and I did not receieve any answers until a week later when I was written up for my attendance. I was then told by him that he didn't know how to answer my questions at the time and that he wasn't sure if what he wanted to say was legal. My job is making my medical condition worse. So I need to know if I will be able to collect unemployment if I decide to quit. I hope you can help me.

thank you

I don't know Michelle. The reason is because you are on FMLA.

Quite frankly, I think your manager asked a wise question when he questioned whether what he told you was legal or not.

I have never heard of intermittent FMLA prohibity a person to being absent for other reasons as well as long as approved and beyond your control.

If I were you .. I'd contact a lawyer. The employer may be trying to pull something he has not right to pull.

I am not an expert in FMLA .. except only to know that being on it has put you in a protected class and that is when an employer needs to tread carefully and you need to know when they are overstepping their bounds.

Present your question to a lawyer .. Please. I would feel awful if I failed to help you realize that you are one of those people who's question extends beyond an unemployment matter.

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