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For state of NM - since I'm not eligible for FMLA, I'm being released due to needing maternity leave

by Kristy
(Alamogordo)

I am due with a child in November and HR told me yesterday that I will be released from my job at that time because I'm not eligible for FMLA. Can I then apply for unemployment benefits since it is no fault of my own that I'm losing my job?




Hi Kristy,

Yes, you can.

I'd like to make a suggestion though .. just to cover yourself from a potential argument from the employer that may be used by the at the time of initial protest.

Since you are not eligible for FMLA .. formally request a personal leave instead.

It's not really required, when a person is discharged, but it provides you with another item that you can provide at time of filing that may come up when you are interviewed by the state if the employers protest suggest it wasn't your fault. This is more important to do when someone quits for a health reason.

Another thing you need to be aware of is that the initial determination .. if you file immediately upon release is that you won't be "able and available". You can't collect unemployment until you are able and available for work, but this disqualification is lifted as soon as you provide information that you are able and available to work.

Chris

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