Monday, January 27, 2014

Am I Eligible for Unemployment Benefits if I am Out on Family Leave?

Can Get Unemployment Benefits if I am Out on Family Leave Because of My Illness or Injury?

Yes, if you are out on Family Leave due to a medical condition that enables you to do some, but not all, of  your job duties.  

In such a scenario, you may be entitled to UC Benefits because 

a) you are suffering a loss of earnings; 

b) you cannot perform your regular job; and, 

c) you are able to work other types of jobs (i.e. a job that requires you to perform ONLY the types of things you can do at your current job, but does not require you to do the things you cannot do at your regular job).

How Does the Family and Medical Leave Act Work in Pennsylvania?

EXAMPLE:  Your current job requires you to do desk work 50% of the time and manual labor 50% of the time. You hurt your back, and cannot do manual labor part of your job. Your employer does not offer light duty, so you are forced to go out on FMLA Leave.  Your company does not offer short-term disability benefits, so your leave will be unpaid (after you have used up your vacation pay, sick pay, PTO pay, etc.)

FMLA, Short-Term Disability and Pennsylvania Unemployment - How Do They All Fit Together?  

You should be eligible for Unemployment Compensation Benefits. 

Am I Eligible for Unemployment if I am Receiving Short-Term Disability Pay?

It you have to miss work due to injury or illness, and are out on leave, you may qualify for Short-Term Disability Befits f your company offers such insurance.  Short-Term Disability Benefits usually pay about two-thirds (66.66%) of your weekly earnings.

You May Be Entitled to Partial Unemployment
and STD Benefits in Some Situations 
I believe that you may be entitled to partial UC Benefits under this fact pattern.  It is my view that Pennsylvania's Department of Labor would view your receipt of STD Benefits in the same way that it sees part-time earnings made by people who are out of work.

Answers to Frequently Asked Questions About Pennsylvania Unemployment Law

If I Need to Take Intermittent FMLA Leave to Care for a Loved One, Can I Get Unemployment Compensation?

Unemployment Benefits May
Make This More Manageable
You also have a good shot at getting UC Benefits if your FMLA leave is necessary to care for a loved one. 

This often arises when the employee seeks a reasonable alteration of his/her schedule, and that request is denied.  

In such scenarios, an employee will often take intermittent FMLA leave.  If you are an hourly employee and this costs you lost wages, you can apply for and likely will be entitled to UC Benefits.

These can be highly complicated claims, so best to consider seeking counsel if you plan on attempting to navigate these waters.

Answers to Frequently Asked Questions About Employment Laws in Pennsylvania 

Philadelphia Family Leave and Disability Attorney

John A. Gallagher, Esquire -
Representing Individuals Since 1991
Philadelphia Area Unemployment Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents claimants in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Unemployment Employment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for an unemployment lawyer, and live in Paoli, Exton, Phoenixville, Downingtown, Coatesville, West Chester, Newtown Square, Nether Providence, Springfield, Aston, Broomall, Marple, Villanova, Lansdowne, Wayne, Ardmore, Bryn Mawr, Glenolden, Havertown, Haverford, Limerick, Oaks, Lower Merion or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Experienced Lawyer for an Unemployment Hearing Before a Referee In Malvern, King of Prussia, Springfield, Bristol, Reading, Lancaster or Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of Referee Hearings throughout Pennsylvania.

Thanks for checking in with us.


Broke on FMLA said...

Hi. In PA.
Scenario: hostile work environment; triggered previously managed depression and panic attacks. Placed on FMLA by psychiatrist. Totally unpaid. STD after 30 days if off that long.
I'm looking for unemployment or assistance of some sort. Can you point me in the right direction?
Thank you.

Skook resident said...

Does my employer have to notify me of benefits available (short term disability and unemployment benefits)while on or applying for FMLA? And if they don't what options do I have to retain prior compensation for missed time?
Thank you

Unknown said...

I am out on short term disability and i have received it about 26 weeks. Can they put me off of disability if i am still under doctors care.