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Have collected 1 payment from my unemployment claim but now being denied due to unresolved work performance issue.

by Aleshia

Am I eligible for benefits under these circumstances I was terminated and refused FMLA Paperwork by my supervisor after being diagnosed with a virus in early February by our onsite clinic they took me off work for a week then HR gave me a personal leave to take care of husband who had gotten really sick as well. On February 24th when I could not return due to illness I requested FMLA PAPERWORK to protect my job and was refused and terminated effective immediately. Am I eligible?

Hi Aleshia,

I'm so sorry it's taken me ten days to get to your question about FMLA as that relates to cause for being fired .. but as my built in excuse, I'm just one woman doing the best she can, with the spare time she has left over .. after caring for those who live in my world.

Your question depends on a few factors you didn't mention. You said your employer diagnosed you as having a "virus" with an onsite clinic in early February. Was it the Covid-19 virus?

When you couldn't return on 2/24, whose illness, yours, or your husbands was preventing your return?

Do you have medical documentation from a physician advising you not to return to work, whether for your illness, or that of your husband? If it was your husband's illness, the FMLA application process would of made the need for medical documentation clear (at least I believe that is made clear to anyone applying for FMLA due to the need of an immediate family member.)

And finally, had you worked the minimum amount of time for your current employer, to be eligible to request an FML?

Keep scrolling down this page at the DOL for FMLA fact sheets and Compliance Guidance.

You may also want to read other Q&As about getting fired .. and ideas about rebutting the burden of proof .. when the cause for termination, really is something other than work related misconduct.

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