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Not yet released to go back to work after medical leave

by april

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 ..

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Mar 25, 2010
a little more background
by: april

If my doctor releases me back to work but with restrictions then work will not allow me to return because they do not do any restrictive duties. putting in for additional time could also be an issue due to the fact that i have had nothing but problems with my employer since becoming pregnant and turning in my leave paperwork including write ups and a demotion since i was put on intermitent FMLA. that is the first kind of remrimand that i have had in over 4 years and i have been employed there for almost 9 years. so therefore they may nt approve additonal time off cause i have been worried about my job for some time and them just trying to get me out of there.

If you have been released to work with medical restrictions and the employer doesn't have anything for you to do that comply with those restrictions .. and they haven't discharged you (which they be dumb to do .. since you are on intermittent FMLA) it should be considered a "temporary lack of work" and you should be able to receive unemployment benefits.

But since this employer has been "discriminating" against you since you became pregnant .. you really shouldn't be messing around with me .. you should be looking for an "employment attorney".

I can't see your original question from where I am right now, but I did give you the link to the EEOC which explains "pregnancy discrimination" .. didn't I?

Not to mention FMLA violations .. you really should talk to a lawyer .. I'm not smart enough to help you ..

Nor can I provide anything but direct you to information about what I believe is a serious legal issue the employer is toying with in your case.

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