Will my unemployment be denied due to leave of absence used during my time of employment?

(Maryland )

Hello, I was fired for absenteeism due to a medical issue my mom is dealing with. I did need to have a stint placed, but I was granted a leave of absence for this and returned to work on my own whim.

I was fired after returning to work because I still could not work a consistent 40 hours a week. I never signed any agreement, it was more so just a mutual thing that every absence was excused and proof I couldn’t work forty hours, was available if needed.

Will I be granted unemployment if I was truly discharged due to my mom being sick although I came back from a leave of absence? I am available to work 40 hours now. Thanks!!

Hi,

First, I don’t think there’s many employers, at least those who understands how unemployment works, that would willingly admit to an unemployment department, they fired an employee after they returned from a medical leave of absence, because they took a medical leave of absence.

And .. for the record, an employee doesn’t return from a medical leave on their own whim, but when their doctor provides documentation clearing them to return to work, with, or without other restrictions that may include how many hours they can work, or physical restrictions.

Your question is doing a good job of muddling/mixing up the reason you say caused your termination, because you are in fact describing two separate possible reasons an employee might have to gran an approved leave for medical reasons. One being a medical issue of your own, or two, a medical issue of an immediate family member, when their doctor provides documentation saying the famil member needs full-time home care, and there is only a family member with a job to provide that care.

This can be especially important for employees of employers who must comply with rules and guidelines related to the Family Medical Leave Act, which provides employees of employers with 50, or more employees to protect an employees job while the person is on an approved FMLA medical leave.

I just can’t answer if you will be granted unemployment benefits, because you left out details that would be important for me to explain if I think your former employer will be able to meet their burden of proof regarding you being at fault for work misconduct, when absenteeism can be proven as misconduct .. or under certain conditions, often connected to documented health issues, rebutted as a reason not climbing to a level that shows the absenteeism as “willful” misconduct.

You can find the guidelines for the FMLA at the USDOL and you can also find the Maryland Unemployment Decision Digest, when you click the “laws” link in the top navigation bar, found at the top of every page of this site, or the menu button at the top when on a mobile device.

Then, if you may be able to clarify some details by adding a comment .. so this can become a more useful discussion about YOUR unemployment claim.

Chris