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Yes. However, it may be a somewhat tricky proposition.
What is the Difference Between Short-Term Disability and Long-Term Disability?
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| If You are Out of FMLA, You Will Likely Need Only STD Benefits |
Short-term disability pay can last up to 6 months, while long-term disability pay can last a lifetime. In addition, while STD benefits are granted upon proof that the employee cannot perform his/her job, a claimant often must prove that he/she cannot work in any job in his/her chosen occupation in order to qualify for LTD benefits.
HERE ARE SOME OTHER LINKS YOU MAY FIND
WORTHWHILE:
What Are My Employer's Obligations When I Request FMLA Leave? Pennsylvania FMLA Attorneys
Am I Eligible for
Unemployment Benefits if I am Out on Family Leave?
Here is the key:
If you are able to perform some, but not all, all your job duties, and are therefore either placed on leave by your employer or forced to take leave, you may be eligible for Unemployment Benefits provided that you are able and available for suitable work.
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| Very Powerful Law Protects Employees Who Need to Miss Work Due to Injury or Illness From Termination |
NOTE: If you are out on leave to care for a family member who is ill or injured who is injured, you may be entitled to UC Benefits and FMLA Leave but, since you are not disabled, you will not qualify for STD benefits.
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| If You Are Pregnant, You May be Eligible for Unemployment Compensation Benefits |
Here is a classic (and rather common) example:
Nurses' Assistant ("NA") who is pregnant has note from doctor saying she cannot engage in heavy lifting, which is about 20% of her job, and therefore needs light duty. NA gives note to employer. Employer says it does not offer light duty and that NA must go out on FMLA Leave.
NA goes out on FMLA Leave and files for UC Benefits.
She is likely eligible for UC Benefits because her request for light duty was reasonable and supported by a doctor's note, and she is able to perform a wide variety of jobs for which she is qualified (just not the heavy lifting function).
Disability Leave and Unemployment Compensation Claims Can Go Together
These cases can be very tricky. However, they are quite winnable. I suggest, though, that you seek counsel before you actually present your doctor's note to the company. Companies know how this works, and may try and do an end around to stop you from getting UC Benefits.
If it is too late for such strategizing because you are already in the UC Claims process, then you can certainly still win, but these are among the trickiest UC cases, so you may want to retain an attorney to help you.
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