attendance problems due to illness with doctors notes (Have you all heard of “Intermittent FMLA?)

i lived in pa,how long to get first payment from unemployment,it been 3 weeks and not recive anything

Carmen,

You need to talk to the state about this.

I CALLED UNEMPLOYMENT AND I THEY SAID THAT THEY GOT TO CONTACT EMPLOYER TO SEE WHY I WAS FIRED,I WAS FIRED MEDICAL TERM, IM NOT GETTING STD AND DOCTOR GAVE ME A NOTE SAYING I CAN GO BACK TO WORK,I CALLED MY EMPLOYER TO SEE IF I CAN BE REHIRED BUT THEY SAID THATS HUMAN RESOURCES DECISION,SO I DONT KNOW IF THEY GOING TO REHIRED ME BACK,CAN I GET UNEMPLOYMENT IN TILL THEY MADE A DECISION.

Yes you should be able to get unemployment until they make a decision one way or the other, but the unemployment department still must investigate.

My daughter was diagnosed with the h1n1 flu and I was home with her and I also got sick and landed in the hospital due to stress and was given 3 days off on dr’s orders. I called work everyday giving them updates. While I got a call terminating my employment by telling me these exact word ” unavailability to work and unwilling to communicate with my employer in detail”. Is this right can they terminate me on these terms?

Hi Drea,

No matter how many times I write “you are an at will employee, you may quit for any reason and your employer can end your employment for any reason .. no one believes me.

Yes they can fire you for that reason, but since you’re here on an “unemployment benefit information website” I suppose you’re wondering if they fired you for a reason considered “Misconduct”.

Clearly, if you take a look at the reason .. you can see they are setting up the possibility of contesting your claim. Did they ask for a doctor’s note at anytime? Is there a rule in the employee handbook that says a note must be provided?

So yes, they can terminate you for whatever reason they wish .. but in order for benefits to be denied .. they must prove misconduct.

I live in pennsylvania

Then I do not think it will be a problem, but the issue of “available for part-time work” will be interpreted. The only information I have about PA is that if a person is able and available for “substantial work” they will allow benefits I can’t find a specification for what constitutes “substantial.

THE DOCTOR GAVE ME A NOTE SAYING THAT I CAN WORK PARTIME,ON DEC CAN I STILL GET UNEMPLOYMENT?CAN I GET THE FULL AMOUNT?

Carmen,

What state are you in?

i was fired on oct 12 becuase i dont have fla time,no more time of personal leave,im still getting the std check,but i dont have insurance,i already apply for the welfare but my appt with the dr is next week and im woried that my certificacion of std,that is every month is not fill out because i dont have insurance,,,if i cant get no more of std can i collect unemployment? thanks for always answer my question.

Yes, you should be entitled to UI benefits if you are no longer covered under STD.

i did fill a personal leave and fmla before i left and they telling me i dont have no more time,but shes saying that i still will get std no matter if im fired.that true?

Hi Carmen,

I don’t know about that. That would be up to the employer’s policies.

so that means that if they fired me im still able to recived std?

Fired you? If they fire you while still out on a medical leave you should be able to collect unemployment.

But do not ignore the letter. You should contact your employer and request a personal leave until you are released. If they deny your request and fire you while still under your doctor’s care it will be without good cause.

HI,I HAVE BEEN 2 MONTHS OUT OF WORK IM IN STD,MY JOB SEND ME A LETTER SAYING THAT I GOT TO GO BACK TO WORK ON OCT 12 BECAUSE I DONT HAVE FMLA TIME BUT MY DOCTOR FILL PAPER WORK SAYING THAT I WILL BE OUT A LEAST 4 MONTHS,HE TOLD ME IF I CONTINUE FEELING LIKE THAT HE WAS GOING TO SEND ME BACK TO THE HOSPITAL,IM JUST WORRIED THAT I DONT GET NO ICOME,HUMAN RESORCE TOLDE ME THAT IF THEY FIRED ME I WILL STILL GET STD THAT IS TRUE? CAN I GET UNEPLOYMENT,OR I GOT TO WAIT TILL I TAKE ALL STD,THANKS

Hi Carmen,

You should wait until you are no longer on STD. to collect unemployment.

Unemployment benefits are usually not an option while collecting STD because you are not able and available for work.

You need to be able and available for work to “collect” regular UI benefits.

im planing to quit my job because my depresion,bipolar i know when i go back to work with all that pression i wont be able to do,i work on production and is a lot of stress and im taking medication that make me tire and i know they going to start harasing me for my production and im just confuse i dont know to go back or quit you think if i quit do i my condition i will get unemployment?

Carmen,

If you quit your job while on FMLA or STD or without the advice to quit of a physician .. you most likely will not get unemployment.

human resources told me that fill a personal leave and my doctor fill std papers,but im worried about the time of fmla,im under treatment taking med and therapy so that means if i only have two weeks left of fmla and the dr give me 3 week more they can fired me? i just need to feel better so i can move on but if they fired me unless i can get uneployment in till i find athoner job?

If they fire you when you exhaust FMLA and you’ve done what you need to, you will be eligible for unemployment when you are released back to work by the doctor because the discharge would be for a reason that is beyond your control .. or through no fault of your own.

Carmen, has anyone talked to you about the possibility of filing a disability claim (SSDI)? If not you should investigate.

Hi,

Last week i was admitted to the hospital because of my nervous problem. I’ve been diagnosed with mood disorder and bipolar. Work gave me 30 days off with short term disability, If I don’t have time left of fmla can they fired me? If they fire me can i get unemployment?

Hi Carmen,

Yes, an employer can fire you when and if you exhaust FMLA if you have not been released back to work by your doctor.

In this situation, when the time approaches and you know that your doctor will not be releasing you back to work and the employer has told you that FMLA will be exhausted .. I suggest that you then request a personal leave (documented) from the employer .. just because it shows an effort on your part to preserve the employment.

You would then be able to prove that you lost your job through no fault of your own when you file for unemployment after being released back to work and able to work again.

Many people in your situation who do end up keeping the job and return to work may find that the employer begins to treat them differently and try to end the employment for “other things” which would be seen as disqualifying.

Carmen,

Go to your primary doctor. I’m not sure .. but I don’t think your employer can require you to go to a specialist just to be eligible for FMLA.

I think your employer may be taking advantage of your lack of knowledge.

Family Medical Leave Act (Revised Final Regulations)

i was feeling good but it comes and go some times i feel sad for nothing.in the past i was going to fill fmla papers but they told me that has to be by psychatrist but rigth now i dont have the money to see one but my primary doctor is willing to fill those paper but they dont want to be him,i wiil go a psychatrist but i got to wait in till they give an appt,so if i feel sick they will give me points for my absences.i will like to know if they have to accept those papers by my primary doctor?since i came from Puerto rico he had been my doctor 6 years and i dont know what to do. thanks. forgot to add that i have fmla for my mom shes in the same depresion.

Carmen,